Vakalatnama filed by a new advocate is to be accepted in absence of 'no objection' of advocate already on record - High Court
CAN a litigant change his lawyer midway? Should the changed lawyer give a 'no objection'? And what if he refuses to give the 'no objection'?
I know a lawyer who recently became a judge of a High Court who before joining as a judge called all his clients and gave them the 'no objection' on the vakalats.
The Supreme Court had in a case observed,
A litigant must have the freedom to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the lis, or for any other reason. For whatever reason, if a client does not want to continue the engagement of a particular advocate it would be a professional requirement consistent with the dignity of the profession that he should return the brief to the client. It is time to hold that such obligation is not only a legal duty but a moral imperative.
In a judgement delivered on Friday last, the Karnataka High Court held:
1. a party to a litigation has an absolute right to appoint an advocate of his choice, to terminate his services, and to appoint a new advocate.
2. A party has the freedom to change his advocate any time and for whatever reason.
3. However, fairness demands that the party should inform his advocate already on record, though this is not a condition precedent to appoint a new advocate.
4. There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute.
5. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorization. On discharging the advocate, the party has the right to have the case file returned to him from the advocate, and any refusal by the advocate to return the file amounts to misconduct under Section 35 of the Advocates Act, 1961.
6. In any proceeding, including civil and criminal, a party has an absolute right to appoint a new Advocate. Under no circumstance, a party can be denied of his right to appoint a new advocate of his choice.
7. if an Advocate is discharged by his client and if he has any genuine claim against his client relating to the fee payable to him, the appropriate course for him is to return the brief and to agitate his claim in an appropriate forum, in accordance with law.
So, if you want to change your lawyer, just go ahead and do it.
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