I have replied to a similar question in detail earlier and my reply is available at this link: Can I change my advocate without his no objection certificate (NOC)?
So, usually, when you want to change your advocate, you may need the consent or “no-objection” from the existing advocate for engaging a new advocate in his place. However, if he refuses to give the “no-objection”, you may request the court, where the case is pending, for permission to change your advocate, which is generally granted by the court, subject generally to your paying the (due or remaining) professional fee to the existing advocate if the advocate insists.
NCDRC should be no exception to this general rule. I did not find any contrary rule in this regard on the NCDRC website or under its rules. If your advocate is refusing to give the NOC, you must request the NCDRC to give you permission to change the advocate. NCDRC is expected to give you permission for this purpose, subject to above condition, i.e., payment of any remaining professional fee to the present advocate, if any. I don’t think NCDRC will refuse to give you such permission, but in case it does, you’ll have to approach the higher court; and, in such case, if needed, you may withdraw / terminate the vakalatnama of your existing advocate and you may file also a complaint against the advocate concerned with his State Bar Council if he refuses to give his NOC without any valid reason.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
