Advocate Change for trial in criminal case

541 votes

Appoint a new advocate and he file a affidavit with memo of appearance in the court and your new advocate will be your council for your case, approach us we will help you if you need any help in changing advocate

Advocate Rajkiran Govindcar LawRato

819 votes

In criminal trials before Magistrate or Sessions Courts, a party has the right to change their advocate even without obtaining a No Objection Certificate (NOC) from the previous counsel, especially when there is non-cooperation, absence during hearings, or unreasonable demands for additional fees. The court’s primary concern is the fair and efficient progress of the trial, and it has the discretion to permit substitution of an advocate in the interest of justice. If a Vakalatnama has already been filed by the previous advocate, the new advocate can submit a memo of appearance along with a request to substitute themselves, explaining the reasons for the change. If the prior advocate is absent or has not appeared in court, the presiding judge may dispense with the requirement of NOC. If the advocate refuses to issue NOC, an application can be made to the court stating the reasons for the change, along with any supporting evidence of misconduct or neglect, such as records of absence, correspondence, or proof of excessive fee demands. If the earlier advocate has not filed a Vakalatnama, then no NOC is needed and the client can directly appoint a new advocate. Courts have recognized that the client’s right to effective representation outweighs procedural objections. Judicial precedents support the client’s freedom to choose or replace counsel to ensure a fair trial. Therefore, by informing the court with justifiable reasons, a litigant can lawfully and effectively proceed with a new advocate, even without the consent of the previous one.

Advocate Mrudhula Jahnavi LawRato