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Process to change a lawyer in an ongoing case in India
The relationship between Advocate and Client is founded upon mutual trust, and when that trust is broken it is difficult (if not impossible) for the lawyer and client to continue to work together.
Since replacing a lawyer mid-case can be costly and stressful, you may want to do some soul searching to figure out why the relationship has deteriorated, and what, if any, steps can be taken to salvage it. Therefore it is better to improve the misunderstandings your lawyer by more discussions unless and until the reason for the abandonment is a major flaw in the lawyer. Nevertheless, below is the procedure to change your lawyer in the midst of a case.
Procedure to change the lawyer in the middle of an ongoing case in India :
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 approach 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.
Firstly, let me point out that you have a right to appoint your own advocate. In criminal cases, this right is much stronger than in civil cases. In a criminal case where a person has been arrested, he has been given a fundamental right to appoint an advocate of his choice. It is pertinent to point out that a fundamental right guaranteed under the Constitution cannot be taken away by other laws and supersedes all other laws. In this regard, clause (1) of Article 22 of the Constitution is reproduced as under:
“22. Protection against arrest and detention in certain cases.—(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
Likewise, Section 303 of the Criminal Procedure Code gives a statutory right to have an advocate of your choice:
“303. Right of person against whom proceedings are instituted to be defended.— Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice.”
Thus, you may notice that usually no-objection or consent is needed from the existing advocate for changing the advocate. However, it can also be done with the leave (i.e., permission) of the court, which is generally granted if the existing advocate refuses or neglects to give his consent or no-objection. As mentioned above, in a criminal case, the right to have an advocate of one’s choice has been placed on a much higher pedestal of being a fundamental right.
Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem. If you cannot resolve your issue(s) with your lawyer, you have the right to fire that lawyer and replace them.
You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel.. Studies show that the changing a lawyer is your right but it can be costly in both time and money and is often a last resort when things between just can’t be resolved. It is never a good idea to change a lawyer unless you are absolutely sure that the delay in the disposal of your case has been occasioned due to his casual attitude, he is evading answering your valid queries, or otherwise you have a valid reason to doubt his integrity.
2 Comments
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