How To Change My Advocate?

My advocate in the high court is not working properly and the hearing date remains constant since 2 of January. So please tell me what should I do. Can I take any action toward our advocate? If it is possible according to the law so please help me.

Answers (2)

Harini S

Harini S

  • Sector-1, Noida

You change your advocate by obtaining NOC from the existing advocate and he might ask for payment of his fees which is due. Once your existing advocate provides you with the No Objection Certificate (NOC) then you can file the NOC in the Court along with the fresh Vakalatnama of your new Lawyer.

If your existing advocate is giving a hard time in giving the NOC, then bring this fact to the notice of the Court with the help of your new Lawyer. The Court will take notice of the fact and allow you to engage a new Lawyer for your case.

Also get all your case-related documents, applications, plaints, etc. from your previous lawyer in your custody after you get the NOC from him. There is no point in keeping your documents with him and also once you are no longer engaging him, he may misuse them and hence, it is not advisable.

Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader (advocate). Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence, it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.

For more clarification, you can consult the best general legal lawyer in India, who will advise you for the same.

Answered on 12 Jun 2019


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Tanya Mahajan

Tanya Mahajan

  • Sector-1, Noida

You can change the advocate by filing your NOC in the court and requesting the same in the court and report his complaint in Bar council of India so that they can take legal action against them.

Answered on 06 Jul 2019


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