2 Answers
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.