How to change my advocate in a court case in high court?

[Anonymous]

I want to change my advocate in my case in the Bombay High Court. How can I do it? Does it require any permission from the court or I have to file any application?

[Dr. Ashok Dhamija]

The procedure for changing your advocate is quite simple. You should obtain no-objection (NOC) from the existing advocate (he may insist for payment of remaining professional fee, if any, as may have been agreed to) and then engage a new advocate. Sign a new vakalatnama for the new advocate; in fact, normally, the no-objection of the existing advocate is taken as an endorsement from the existing advocate on this new vakalatnama itself. Thereafter, file this new vakalatnama in the court, which in fact your new advocate would do.

Now, if your existing advocate refuses to give you the no-objection for engaging a new advocate, then also you can change the advocate but by taking permission of the court. There are rules in Bombay high court in this regard.

     

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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.

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