Introduction
In India, the right to legal representation is fundamental, and choosing an advocate is one of the most crucial decisions in any legal matter. However, circumstances sometimes arise where a client feels dissatisfied with their current advocate due to lack of communication, delay in proceedings, differences in opinion, or loss of trust. In such situations, the law permits a client to change their advocate, whether in civil cases, criminal cases, or even before the High Court.
This article explains the process of changing an advocate, the legal requirements, and important points to remember before making this decision.
Changing an Advocate in Civil Cases
In civil disputes (like property issues, contract disputes, or family matters), a party is free to change their advocate if they believe the current lawyer is not serving their best interests.
Process
| Step | Description |
|---|---|
| 1. Obtain a No Objection Certificate (NOC) | The new advocate usually requires a No Objection Certificate from the previous lawyer. The NOC indicates that the previous lawyer has no objection to the client engaging a new one. |
| 2. Vakalatnama of the New Advocate | The client must sign a fresh Vakalatnama (a legal document authorizing an advocate to appear on behalf of a party) in favor of the new advocate. |
| 3. Filing Before the Court | The new Vakalatnama (with or without NOC, depending on circumstances) is filed before the court. |
Important Note: If the old advocate refuses to provide an NOC, the court has the power to permit the new advocate to appear after ensuring there are valid reasons for the change.
Changing an Advocate in Criminal Cases
Criminal proceedings are more sensitive, as they involve the liberty and reputation of the accused. Even in these cases, a party has the right to change their advocate.
Process
| Step | Description |
|---|---|
| 1. File New Vakalatnama | Just like in civil cases, the client must sign a new Vakalatnama for the replacement advocate. |
| 2. Court’s Permission (if necessary) | Courts often insist on being informed about the change to prevent delays. If the previous advocate withholds an NOC, the new advocate can request the court to allow representation. |
| 3. Impact on Bail and Trial | Changing advocates during bail applications or ongoing trials should be done carefully, as delay tactics are generally discouraged by courts. |
Changing Advocates Before the High Court
High Court cases—be it writ petitions, appeals, or revisions—are more technical, and clients sometimes feel the need for a more experienced lawyer.
Process
| Step | Description |
|---|---|
| 1. File a New Vakalatnama | The procedure is the same: signing and submitting a fresh Vakalatnama in favor of the new advocate. |
| 2. NOC Requirement | The previous advocate’s NOC is generally required, but if refused, the High Court may allow the new advocate after recording reasons. |
| 3. Special Consideration in High Courts | High Courts are particular about preventing misuse of frequent advocate changes, especially if the intention is to delay proceedings. Therefore, it is advisable to make the switch early in the case. |
Key Points to Remember Before Changing an Advocate
- Settle Accounts: Ensure that all pending fees and expenses are cleared with the previous advocate to avoid disputes.
- Avoid Delays: Changing lawyers frequently may delay your case, and courts sometimes frown upon such practices.
- Professional Ethics: An advocate should not object to an NOC if professional dues are cleared.
- Client’s Right: Ultimately, the right to engage or change an advocate lies with the client. The law protects this right to ensure fair representation.
Conclusion
Changing an advocate is a client’s legal right, but it should be exercised with caution. Whether in civil cases, criminal trials, or proceedings before the High Court, the process requires signing a fresh Vakalatnama and, in most cases, obtaining a No Objection Certificate from the previous lawyer. While courts allow changes in genuine circumstances, unnecessary or frequent switches can harm the case. Therefore, clients should carefully evaluate their reasons, clear pending dues, and proceed responsibly to ensure smooth legal representation.
FAQs
1. Can I Change My Advocate in the Middle of a Case?
Yes, you can change your advocate at any stage of the proceedings, whether civil, criminal, or High Court matters, by filing a fresh Vakalatnama.
2. What if My Previous Advocate Refuses to Give a No Objection Certificate (NOC)?
If the previous advocate refuses, the new advocate can request the court’s permission to represent you. Courts generally allow it if there are valid reasons.
3. Do I Need to Pay the Old Advocate Even if I Change Lawyers?
Yes, you are legally bound to clear pending fees and expenses with your previous advocate before engaging a new one.
4. Can Changing Advocates Delay My Case?
Yes, frequent changes can cause delays, as the new lawyer needs time to study the case. Courts also discourage unnecessary changes to prevent misuse.
5. Is There Any Restriction on the Number of Times I Can Change My Advocate?
No legal restriction exists, but frequent changes may be seen as an attempt to delay proceedings. It is best to avoid multiple switches unless absolutely necessary.
