What to do to get NOC from lawyer?

318 votes

As per the Code of Ethics and Professional Conduct for Advocates, an advocate has a duty to hand over all documents and information relating to the case to the client upon the termination of his/her services. Therefore, if a client wishes to engage a new lawyer in a case, the client has the right to obtain all relevant documents and information from the previous lawyer.

In practice, it is generally advisable to obtain a NOC from the previous lawyer before engaging a new lawyer. This can help to avoid any potential disputes or allegations of misconduct. However, it is not a legal requirement to obtain a NOC. If the previous lawyer refuses to provide a NOC, the client can still engage a new lawyer and seek the transfer of the case file through the court.

To take a NOC from your advocate on vakalatnama for engaging any other lawyer in your case, you can follow these steps:

1. Request a meeting with your advocate: You should request a meeting with your advocate to discuss your intention to engage another lawyer in your case.

2. Explain the reason for the change: You should explain the reason why you want to engage another lawyer in your case. This will help your advocate understand your concerns and provide you with an appropriate NOC.

3. Sign a NOC: Your advocate may then prepare a NOC for you to sign. This NOC should state that you are free to engage any other lawyer of your choice and that your advocate has no objection to your doing so. The NOC should also state that your advocate will hand over all relevant documents and information pertaining to your case to the new lawyer.

4. Get the NOC notarized: Once the NOC is signed by you and your advocate, you may need to get it notarized to make it legally valid. This involves getting the document certified by a notary public.

5. Submit the NOC to the court: You should then submit the NOC to the court where your case is being heard. The court may require you to file an application along with the NOC, seeking permission to engage another lawyer in your case.

6. Engage the new lawyer: Once you have obtained the NOC and the court's permission (if required), you can engage the new lawyer in your case. The new lawyer will take over from your previous advocate and represent you in your case.

LawRato LawRato

579 votes

As per recent developments in law, recemt high court and supreme court judgments clearly shows that to engage new council, noc of old council is not necessary. Party is at liberty to engage any new council of his choice. You simply file vakalat of your choce.. Court will not insist you to take NOC

Advocate Prasankumar R Tukkappanavar LawRato

643 votes

if you not interested with lawyer u can change you lawyer. according to recent supreme court decision there is not necessary to take noc from earlier advocate. But still u can obtain noc from lawyer then u can engage another. noc and memo of retirement are not same. both are different. Memo of retirement will file in court by eariler advocate after you taking NOC from him.

Advocate Bharati Patil LawRato

878 votes

NOC can be taken by your advocate, contact him and request for the same he will write in vakalath as he don't have any objection to pass the case to any advocate and will do his signature on the vakalath and the same can be given to another advocate whom you wish to engage and he will file the same at court by filling the required information with your signature. Otherwise you can ask your advocate to file memo of retirement by mentioning the case number in which he was attending at the concerned court.

Advocate Rajesh K.S LawRato

899 votes

You need not go for retirement memo etc., Just you take no objection on the vakalat, it is more than sufficient.
If lawyer is not ready to give no objection then issue notice of termination to your advocate.

Advocate Rajeev S Vadrali LawRato