Where there is a legal right, there is a legal remedy, and you need knowledge of law to claim that remedy. A person may appear in-person or hire a lawyer for representation during the Court proceedings. It is always advisable to have an experienced advocate by your side when some legal rights are at stake. But what happens if your current lawyer is not representing you in the case? Do you have any recourse against a lawyer not duly performing his/her professional services? Can you change your advocate? If yes, does the lawyer have a say in this regard?

The law in India states that you have the right to choose your lawyer while being represented in the Court of Law. Nobody can impose another lawyer upon you without your consent. Here, we are looking at the other side, on the legal process which allows change of lawyer in India. But first, it is crucial to understand how lawyers are hired.

How are advocates appointed for Court Case?

In the Court, advocates represent the cause of their clients, usually laymen. It may be noted that not any advocate can come up and say that he/she shall represent a given client in the Court proceedings. Here, the role of Vakalatnama comes into play. It is a legal document which authorises an advocate to act on behalf, plead, appear and represent a client in the Court of Law. There are common forms for Vakalatnama available in Courts/with the advocates. When a client approaches an advocate to initiate a civil suit or criminal case, such an advocate would present a Vakalatnama to be signed by the parties to authorise him/her as their advocate before the Court.

Can I change my advocate?

An advocate is appointed by you to be represented before the Court of Law. If you think that he/she is not taking care of your legal interests, is not appearing during the proceedings, or not representing you in a dedicated manner before the Court, you may go for changing your advocate. Speaking of the Grundnorm, the Constitution of India, Article 22(1) mentions about a person's "right to consult, and to be defended by, a legal practitioner of his choice."

Looking at the Code of Civil Procedure, 1908, Order 3 of the same provides for right to choose a pleader for the aggrieved party. Section 340 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides for the right of the accused to be defended by an advocate of his choice. Thus, if you think that the lawyer representing you in an ongoing case is not able to take care of your interests, you may proceed with a change of advocate.

How to change lawyers in the middle of a case in India?

A person cannot randomly switch lawyers so that on a given day, you were being represented by X, whose work fashion was disliked by you, and the next day, you came up with another lawyer on your side, to deal with the case. That's not how it works in Courts. To safeguard the interests and time of Clients, Courts and most importantly the Advocates. There are some rules for change of advocate in an ongoing case. The clients need to seek permission from their current lawyer, get a No-Objection Certificate (NOC) in this regard, relieve them from service by paying dues, if any, and then file another Vakalatnama appointing another advocate of choice.

What to do if an advocate refuses to give NOC?

It is always better to have a clear discussion with your lawyer regarding the reasons for why you think that you should hire another lawyer's services. This may bring some sense of realisation and the advocate may himself/herself agree to provide the NOC for change of advocate. However, if it does not work, you may file a memo seeking Court's intervention for change of advocate. The Court so concerned may either directly seek the advocate to provide the NOC and return all the documents related to the Court proceedings, or grant leave to be represented by another advocate. In such cases, NOC may no longer be required.

How to change my advocate - Inference

It can be understood from the above discussion that the laws in India do support change of advocate, even in the middle of Court proceedings. However, it is important to get an NOC from your current lawyer, hinting at a halt of professional services in the legal matter. If the lawyer refuses to hand over the NOC and case related documents, the aggrieved party can also approach the Court seeking interference and redressal. This will lead to cancellation of Vakalatnama of the previous counsel and the person may file Vakalatnama after change of advocate.

Written By: Advocate Kishan Dutt Kalaskar