Changing Advocate

Nov 26, 2025 63 views 2 answers
Property Law
Soumya Pratim Sircar
Nov 26, 2025
Property Law
► Is it mandatory for obtaining a No Objection Letter from my previous advocate with civil title suit case regarding property matter in order to induct new lawyer representation especially when previous counsel doesn't co-operate because of unreasonable pending dues ... ??
63 views
2 answers

2 Answers

Dec 02, 2025

Yes, NOC from previous advocate is necessary. 

Dec 02, 2025

Dear Client,

 

No, it is not mandatory to obtain a No Objection Certificate (NOC) from your previous advocate if they are not cooperating or demanding unreasonable dues.

The law gives you complete freedom to change your advocate at any stage of the case.

 

What to Do If the Previous Advocate Refuses NOC?

 

 Option 1: File a “Change of Vakalatnama” Without NOC

You can directly file a new Vakalatnama with the court.
If the previous lawyer objects, the court will ask for a brief explanation and then allow the change.
Courts never force a client to continue with an old advocate.

 

Option 2: File an Application for “Discharge of Advocate”

You or your new lawyer can file a simple application:

Stating that you have lost confidence

The previous lawyer is non-cooperative

Excessive & unreasonable fee demand


Courts almost always allow the discharge within 1–2 hearings.

 

Option 3: Court Issues Notice to Previous Advocate

If the advocate still refuses:

Court issues notice

Records the reason

Permits you to appoint new counsel


After this, NOC becomes irrelevant.

 

Option 4: You Can Also File a Complaint With Bar Council

If the lawyer is:
✔ Not returning case file
✔ Harassing for more money
✔ Not cooperating

You can file a Bar Council grievance, and they will direct the lawyer to return documents.

 

Important Point

The previous lawyer cannot stop or delay your case because of dues.
Their remedy is only a civil claim for fees, not obstruction.

 

I can immediately:
✔ Prepare your “Change of Vakalatnama”
✔ Draft discharge application
✔ Take over the case smoothly
✔ Push your property case without delay
✔ Ensure previous lawyer cannot interfere anymore

If you want, I can begin the procedure today itself and take over full representation.

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