My lawyer is not working for me needs papaer from vakalath

502 votes

Hi, Your current lawyer's demand that you first get papers signed by a new lawyer (vakalatnama) before he gives you an NOC is *not the correct legal process. Here is the correct procedure under Indian law: 1. Your right to change lawyers is absolute** — Under Order 3 Rule 4 of CPC and established case law, a client can discharge/change their advocate at any point in time without any mandatory pre-condition. 2. NOC is helpful but NOT mandatory** — Courts have repeatedly held that no law compels a client to obtain NOC from the previous advocate before engaging a new one; the party only needs to formally inform the court of the change. 3. If your lawyer has already made a statement in court that he is withdrawing from the case (i.e., he has orally/on record expressed intent to withdraw his vakalatnama), then his vakalatnama stands discharged before the court and you can directly engage a new lawyer and file a fresh vakalatnama. 4. If he refuses NOC, you can: - Send him a written notice (even WhatsApp) formally discharging him. - File a formal application/memo before the Family Court informing that you are terminating his services and seeking court permission to appoint new counsel. - The court will record this, and your new lawyer can file a fresh vakalatnama. 5. Demanding a new lawyer's vakalatnama as a pre-condition for NOC is legally untenable and if he withholds your case file, it can amount to professional misconduct under Section 35 of the Advocates Act, 1961. In short — do not comply with this incorrect condition; approach the Family Court directly with a discharge application and engage your new counsel.

Advocate Rohan Akshayy LawRato

872 votes

You just need to file a new vakalatnama filed before the court where your case is currently pending. If your current lawyer is not objecting he can (1) simply gave a statement to the court that he is withdrawing or (2) simple letter from him that he is withdrawing and has no objection (3) on the new vakaltnama he can just endorse the new lawyer and state that he has no objection. I do a lot of divorce cases, would be happy to help you if you don’t have anyone else in your mind.

Advocate Keshav Mann LawRato

874 votes

you can engage a new lawyer after seeking permission from the court if the previous lawyer is not giving you an NOC you can also apply for a certified copy of the entire file if the lawyer does not provide you with the original file.

Advocate Kunal Seth LawRato

600 votes

Yes usually the NOC is given on the vakalt. An NOC (or “No Objection”) is a written consent from your previous lawyer allowing you to: • Change your advocate • Appoint a new counsel • Avoid disputes regarding representation It is generally required when filing a new Vakalatnama.

Advocate Shivali Sharma LawRato

942 votes

No. there is no requirement for NOC just get your file from an earlier advocate and give it to your new advocate. your new counsel can file vakalatnama on next date of hearing. what is the stage of your divorce case.

Advocate Aarti Singh LawRato