In India, court cases often run
for months or even years. During this long journey, it is not uncommon for a
client to feel dissatisfied with their advocate. Sometimes the lawyer does not
communicate properly, sometimes hearings are missed, or sometimes the client
simply loses confidence. In such situations, a common question arises: Can I
change my advocate during an ongoing case?
The simple answer is yes.
The law allows a client to change their advocate at any stage of the case.
However, the process must be done carefully and legally to avoid complications.
This blog explains when, why, and how you can change your advocate during a
case, in simple words, based on real court practice.
Is It Legal to Change an Advocate During a Case?
Yes, it is completely legal.
A lawyer represents a client
based on trust and authority given through a document called Vakalatnama.
If that trust breaks, the client has the right to withdraw that authority and
appoint a new advocate. Courts have repeatedly held that a litigant cannot
be forced to continue with a lawyer against their will.
However, the right to change an
advocate is subject to certain procedures, especially when a case is already
pending before a court.
Common Reasons for Changing an Advocate
Clients change advocates for many
genuine reasons. Some common ones include:
* Lack of proper communication or
updates
* Advocate not attending hearings
regularly
* Delay in filing documents or
replies
* Difference of opinion on legal
strategy
* Loss of trust or confidence
* Advocate demanding unreasonable
fees
* Advocate being unavailable due
to personal reasons
Changing an advocate is not
disrespectful. It is a legal right of the client.
At What Stage Can an Advocate Be Changed?
An advocate can be changed at
any stage of the case, including:
* Before filing the case
* During trial
* During arguments
* During appeal
* Even at execution stage
There is no restriction under law
that you must continue with the same advocate till the end.
Important Things to Consider Before Changing an Advocate
Before taking the final decision,
it is important to consider a few practical points:
1. Case knowledge: A new
advocate will need time to understand the case history.
2. Documents: Ensure all
case papers are available or can be obtained.
3. Fees dispute: Try to
resolve pending fee issues to avoid future objections.
4. Court deadlines: Change
should not cause unnecessary delay in hearings.
Changing an advocate should be a
well-thought-out decision, not an emotional one.
Legal Procedure to Change an Advocate During a Case
Step 1: Decide and Appoint a New Advocate
First, select a new advocate who
is willing to take up your case. Share all facts honestly and show copies of
case documents. Once the advocate agrees, the next steps can begin.
Step 2: Issue a No Objection Certificate (NOC) or Consent
There are two situations:
1. When the Existing Advocate Gives Consent
If your current advocate agrees,
they will issue a No Objection Certificate (NOC). This is the easiest
situation.
2. When the Existing Advocate Refuses
If the advocate refuses to give
NOC, you can still change the advocate. The court’s permission will be
required, and reasons may be mentioned in an application.
An advocate cannot legally force
a client to continue with them.
Step 3: File an Application Before the Court
An application is filed stating
that:
* The client wishes to withdraw
the existing vakalatnama
* The client wants to appoint a
new advocate
* Reasons may be briefly
mentioned (optional but advisable)
Courts usually allow such
applications unless there is clear misuse or intention to delay proceedings.
Step 4: Filing of New Vakalatnama
The new advocate files a fresh
vakalatnama signed by the client. Once accepted by the court, the new
advocate officially represents the client.
Step 5: Handover of Case Files
The old advocate is ethically
expected to return case papers after settling reasonable dues. As per
professional conduct rules, advocates should not withhold files to harass
clients.
Can an Advocate Demand Pending Fees Before Giving NOC?
This is a very common issue.
Legally:
* An advocate cannot stop you
from changing lawyers due to fee disputes
* However, advocates are entitled
to their professional fees
If fees are genuinely pending, it
is advisable to settle them or record the dispute separately. Courts do not
encourage holding case progress hostage over fees.
Can a Case Be Delayed Because of Changing an Advocate?
Courts generally allow change of
advocate, but they also ensure that:
* The change is not done
repeatedly
* The process is not used to
delay the case
If the court feels that advocate
changes are being misused, it may impose costs or conditions.
What If the Advocate Withdraws from the Case?
Sometimes, the advocate withdraws
due to non-payment of fees or personal reasons. In such cases:
* The advocate must inform the
court and the client
* The client gets time to appoint
a new advocate
* Proceedings are usually
adjourned once to avoid prejudice
Practical Advice for Litigants
From practical experience, here
are a few important tips:
* Always keep copies of your case
documents
* Do not change advocates
frequently
* Communicate issues clearly
before deciding to change
* Choose an advocate who explains
the case honestly, not one who makes false promises
A good lawyer-client relationship
is based on trust, clarity, and communication.
Conclusion
Changing an advocate during a
case is a legal right of every litigant. Indian law recognizes that
trust between a client and advocate is essential for justice. While the process
is simple, it should be handled carefully to avoid delays or disputes.
If you feel that your current
advocate is not representing your interests properly, you are well within your
rights to seek better legal representation. The key is to follow the correct
procedure and act responsibly.
Legal awareness empowers
litigants—not just inside the courtroom, but also in making the right choices
about their representation.
Frequently Asked Questions (FAQ)
How to Change Advocate During a Case in India
1. Do I need court permission to change my advocate?
In most cases, yes. When a case
is already pending, an application is filed before the court informing that the
client wishes to withdraw the existing vakalatnama and appoint a new advocate.
Courts generally allow such requests.
2. Can an advocate refuse to return my case file?
As per professional ethics, an
advocate should return case papers after settling reasonable dues. An advocate
cannot withhold files only to harass or pressure the client.
3. Can I change my advocate due to dissatisfaction or poor communication?
Yes. Lack of communication,
missed hearings, delay in filing documents, or loss of trust are valid reasons
to change an advocate. The law does not require you to justify personal
dissatisfaction in detail.
4. Will changing an advocate delay my case?
Usually, courts allow one short
adjournment to enable the new advocate to prepare. However, repeated changes
may attract court displeasure or costs if done to delay proceedings.
5. Can my advocate stop me from changing lawyers due to pending fees?
No. Fee disputes do not give an
advocate the right to prevent a client from changing representation. However,
advocates are entitled to recover their professional fees through lawful means.
6. What documents are required to change an advocate?
Generally, the following are
required:
* Application for withdrawal of
old vakalatnama
* New vakalatnama signed by the
client
* NOC (if available)
* Identity proof (if required by
court)
7. Can I change my advocate during appeal or execution stage?
Yes. An advocate can be changed
at any stage, including appeal, revision, or execution proceedings.
8. What if my advocate withdraws from my case?
If an advocate withdraws, they
must inform the court and the client. The court usually grants time to the
client to appoint a new advocate so that legal rights are not affected.
9. Is it advisable to change advocates frequently?
No. Frequent changes may harm
your case, cause confusion, and reduce court confidence. Advocate changes
should be done only for genuine and serious reasons.
10. How can I avoid problems when changing an advocate?
To avoid issues:
* Keep copies of all case
documents
* Clear communication with both
old and new advocates
* Avoid last-minute changes
before important hearings
* Choose an advocate who explains
the case honestly
11. Can I argue my case myself after removing my advocate?
Yes. A litigant can appear as a
party-in-person. However, legal procedures can be complex, so professional
legal assistance is generally advisable.
12. Does changing an advocate affect my legal rights?
No. Changing an advocate does not
affect your legal rights or merits of the case, as long as the process is done
legally and responsibly.
13. Is changing an advocate disrespectful or illegal?
No. It is neither disrespectful nor
illegal. The lawyer-client relationship is based on trust, and the law fully
respects a client’s right to choose legal representation.
