• Refund of fees and NOC from advocate

Sir,
My criminal case is going on in the Karnataka Trial Court. I have hired a lawyer for my case from Karnataka. I belong to Gujarat. I have filed 482 FIR quash petition in June 2022 through the same lawyer in Karnataka High Court. I had paid full fees to the lawyer through bank transfer before filing 482. Till date, my petition for quashing was under office objection. Scrutiny defects was not been corrected by my advocate. Recently I came to know this by personally visiting the Karnataka High Court. Now I have demanded my fees back and a NOC for change of lawyer. My lawyer says I will not refund your fees and if you want a NOC then pay 25000/- and take a NOC from him.

Please give me advise what to do in this situation. Is NOC is necessary to change lawyer? How can I take back the fees and the NOC from this lawyer so that I can find a better lawyer who can push my case to cancel the fake FIR.
Asked 2 years ago in Criminal Law
Religion: Hindu

16 answers received from multiple lawyers

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16 Answers

The practice for asking for a NOC is arbitrary under Article 22(1) of the Constitution of India. (It guarantees every person the right to consult and be defended by any legal practitioner of their choice.) A litigant must be free to change their advocate in case they are not able to pay the fees.

 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. Hence, a party cannot be compelled to obtain 'no objection' from the advocate already on record. Insisting for 'no objection' from the previous advocate will amount to putting a restriction on the right of a party to appoint an advocate of his choice. 

Recently Karnataka high court has observed and held that .if the Advocate feels that he has any genuine claim or grievance against his client, the appropriate course is to return the brief with endorsement of no objection and agitate such right in an appropriate forum, in accordance with law and not indulge in arm twisting methods by holding on to the brief."

It was  also held that :

There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute. 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. 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. Therefore, it follows that any rule or law imposing restriction on the said right can't be construed as mandatory. Accordingly, Courts, Tribunals or other
authorities shall not ask for 'no objection' of the advocate already on record, to accept the vakalatnama filed by a new advocate.

under no circumstance, a party can be denied of his right to appoint a new advocate of his choice hence you can proceed through a new advocate.

You can demand at least half of the huge fee paid by you, if he or she is refusing you may give a complaint against the advocate in the bar council of Karnataka.

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

You need to prove negligence to take your fee back.you can continue in HC without noc from him. For refund you need to file a civil suit and prove his negligence 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

You would not get refund of fees paid by you as lawyer has drafted and filed petition for quashing of FIR 

 

if lawyer is refusing to give NOC send him notice by registered post or speed post to issue NOC as office objections have not yet been removed by him in quash petition . That full fees had been paid to him 

 

3) if he refuses to give NOC approach registrar of HC that you want to change your lawyer and notice has been sent to him 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

The client should reach out to the Bar Council of the state where the lawyer is registered and file a complaint against the lawyer for failing to provide the services as agreed. The Bar Council will investigate the complaint and may issue a reprimand or disciplinary action against the lawyer, including requiring the lawyer to refund the clients fees.

for NOC, file an application with an affidavit attached, before the concerned court, and appear before the court to state that my advocate is not willing to give me a No Objection Certificate (NOC). Therefore, I wish to change my counsel as I am not satisfied with my present counsel.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

- As per the Advocates Act, the said advocate is bound to give the best to the client after approaching the court of law. 

- Since, the said advocate has taken fees from you for filing the said quashing petition before the High Court. then it is his duty to remove the objection and to argue in the said matter to get the relief .

- Further,, as till date the case is not filed property and not sub-judice before the court , then NOC is not mandatory  to change the lawyer. 

- You can issue a legal notice the said advocate for getting refund of the fees to him in the absence of services. 

- However, the lawyer can deduct the drafting charge from the paid fees.

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Dear client,  

If your lawyer has not acted according to your expectations, you have the right to seek a change of lawyer. The NOC is not a necessary document to change your lawyer. You can change your lawyer at any point in time by giving a written notice to your existing lawyer. However, it is advisable to obtain a NOC from the lawyer to avoid any future disputes.

Regarding the refund of fees, you should first check the terms of the agreement that you signed with the lawyer. If the agreement provides for a refund of fees in case the lawyer fails to perform his duties, then you can demand a refund of fees. If there is no such clause in the agreement, you can negotiate with the lawyer and try to settle the matter amicably. If the lawyer still refuses to refund your fees, you can file a complaint with the Bar Council of Karnataka.

It is important to note that the delay in correcting the scrutiny defects by your lawyer could have affected the outcome of your case. Therefore, it is important to find a good and reliable lawyer who can handle your case efficiently. You can search for a lawyer in Karnataka who specializes in criminal law and has a good track record. You can also seek recommendations from your friends and family members who have had similar legal issues.

 

 

 

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

You can produce two sureties from Gujarat who may be government employees with their salary slips in their possession,  the court will accept their sureties..

The procedure for regular bail in Bangalore is something similar to anticipatory bail. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

You can claim for cash bail in lieu of surety or release on PR bond

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

you had furnished bond and sureties for obtaining anticipatory bail 

 

2) if trail court is asking you to furnish 2 sureties and bond file appeal against order that you may be permitted to furnish cash security  as you do not know any one in Bangalore and unable to furnish 2 sureties 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

It's good that you have received the NOC from your previous advocate. With regards to the trial court asking for the bond and sureties again, it is possible that they require a fresh bond and sureties as the previous ones were furnished at the police station and may not be valid for the trial court proceedings.

 

As for finding sureties, you may try reaching out to friends or family members who reside in Bangalore and who may be willing to stand as sureties for you. Alternatively, you may also try contacting a bail bondsman or surety agency in Bangalore to help you with this.

 

If you are unable to find sureties in Bangalore or are facing difficulty in arranging for them, you may also request the court for an exemption from the requirement of sureties or ask for a relaxation in the amount of bond and sureties required. However, it is important to note that such exemptions or relaxations are subject to the discretion of the court and may not always be granted.

 

In case you decide to bring sureties from Gujarat, you may have to request the court for permission to do so and provide valid reasons for the same. The court may also require additional documents and information to verify the identity and credibility of the sureties.

 

It is advisable to consult with your lawyer and follow their advice on how best to proceed in this matter.

 

 

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

- Since, you have already produced the two sureties of the said amounts, then the I.O. of the case will produce those documents before the court. 

- Further, the court may ask for the appearance of the sureties only , and not a new one. 

- However, you can appear before the court on the date of hearing , and inform that the sureties were given before the I.O. 

- Further , you can move an application before the court for informing that you have no local surrites with you , and allow to produce the personal surety . 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Your lawyer cannot meet the chief justice personally 

 

2) you cannot file direct complaint to CJ 

 

3) you lawyer can request court for early date of hearing 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

You can neither write directly to chief justice nor your advocate can approach chief justice.

You can give a representation to the registrar through your lawyer for listing the case in an earliest listing 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

1. You can move an urgent hearing application before the registrar of the HC for hearing the matter urgently. 

2. No , 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

He can file complaint and seek appointment from CJ

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

Dear Client,

Generally, you can voice your concerns in writing to the Chief Justice. But it's imperative that you always communicate in a proper, courteous manner. Give a detailed account of the problems you are having, the reasons for the delays in your case, and the effects they are having on your personal and work life. Provide pertinent papers to back up your assertions. Make sure your letter is factual, succinct, and formatted correctly to be addressed to a senior authority. Legal concerns are often handled via formal channels and court procedures. It's possible that your advocate will have to adhere to certain procedures, such sending letters or petitions via the court registry, instead of going directly to the Chief Justice.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

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