I had filed a partition suit at the Additional District Judge, Tamilnadu in the month of Aug 2022, At that time, I provided a cash deposit of One lakh INR to my Lawyer. The current status of the suit is that the defendant filed a written statement in Feb 2024. Now I don’t want to continue with the lawyer due to his performance. So I informed over phone asked NOC. He demanded an additional 2.5 lakhs for providing the NOC and case documents, despite our initial payment of 1 lakh. However, I find this demand unreasonable and disproportionate. But I not ready to pay. I have approached the Senior lawyer and He insists on NOC. But I want to engage him as he is one of the very famous lawyer in that city Now I am Planning to send a registered post with the below content.to the current lawyer Content of Letter: Subject: Intimation of cancellation of Vakalatnama and request for NOC, and Case Documents I, am writing to inform you about the cancellation of my Vakalatnama and to request the necessary documents pertaining to my case. I had filed a partition suit at the Additional District Judge, XXXX, with the Case Number: XXXXXX . At that time, I entrusted you with my Vakalatnama to represent my case, and I provided a cash deposit of One lakh INR (Proof Attached). The current status of the suit indicates that the defendant filed a written statement in the month of Feb 2024. Still now, He has not shared the written statement to me. Unfortunately, I am not satisfied with the progress made under your representation. Hence, Please be informed that the Vakalatnama previously granted to you for my Case Number:XXXXXX, pertaining to a partition suit at the Additional District Judge,XXXXX, has been hereby cancelled. I understand that you have demanded an additional 2.5 lakhs for providing the NOC and case documents, despite our initial payment of 1 lakh. However, I find this demand unreasonable and disproportionate. Therefore, I urge you to reconsider and provide the requested documents without further financial burden. I kindly request that you send the NOC and the aforementioned case documents to my address provided above at your earliest convenience. My questions Below 1. The Content of the letter is, OK? Or Is there any modification/ addition required? 2. While sending the Register post to current lawyer, Is it required to inform to court at same time? if so, How? 3. Is it really required NOC from Current Lawyer as this case in the district court? 4. If obtaining a NOC is not compulsory, may I hire another lawyer temporarily to manage the case for the upcoming hearing, and subsequently switch to a senior lawyer with the NOC from the temporary lawyer? 5. Could you please assist me in finding a smooth way to resolve this situation? My current lawyer is demanding a fee of less than 2 lakhs, but I am unwilling to pay as he fundamentally overlooked a crucial point while submitting the suit.
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1) it is not necessary to inform court that you have issued notice to your lawyer at present
2) it is only if he refuses to give NOC then you approach registrar of the court
3) you don’t mention in notice that vakakatnama stands can called only ask him to issue NOC as you need to engage another lawyer
4) you don’t have to pay 2 lakhs for issue of NOC
1. Your meaning is conveyed hence it is okay.
2. It is not necessary to inform court about changing the lawyer, the new lawyer will file change of vakalatnama, that will be sufficient.
3. If your new lawyer is insisting then you may have to obtain it, as a matter of fact the notice terminating the vakaltnama should be enough.
4. It is up to you, there is no legal infirmity in it.
5. It is purely your own decision.
1. As per law , you have legal right to engage a new lawyer , and the same cannot be disallow by the existing one.
- You can mention that you are not satisfied with the work and thereby you are constrained to replace him and as there was no written contract about the demanded fees hence you are not bound to pay the demanded amount of Rs.2 lakh.
2. No need , just file the vaqalatname of new lawyer
3. Not mandatory
4. Yes
5. You can deny if there is not written agreement for the said amount.
1. ok
2. you will have to appear yourself and inform the court
3. yes
4. after terminating the authority of your current lawyer, you can engage a lawyer to represent you in the matter temporarily or can engage the senior lawyer whom you wish to engage
5. whatever may be the dispute regarding the quantum of fees, once the client revokes the authority of the advocate to appear for the client before the court, the advocate cannot withhold his noc until his demanded fee is paid. he also cannot retain the case papers with him after his authority is terminated. if he refuses to give noc and also refuses to return the case papers, then he will be committing professional misconduct rendering himself liable to disciplinary action by the Bar council. This is settled by the Supreme Court as far back as in the year 1954. If the advocate has any grievance regarding the amount of fee that he demands from the client and which the client disputes, then nothing stops the advocate from taking out appropriate legal proceedings to recover his alleged fee. But under no circumstance can the advocate refuse to give his noc or refuse to return the case papers once his client has terminated his authority to represent the client
All the above is fine you can send the letter and produce in court and the new advocate can file VP on your behalf
The content of your letter looks good overall, but here are some suggestions for modifications and additions:
Content of the Letter:
Informing the Court:
NOC Requirement:
Hiring Temporary Lawyer:
Resolving the Situation:
Additional Tips:
