CUTTACK: The Orissa High Court has called for a halt to the unhealthy practice of change of advocate without no objection certificate (NOC) from the previous lawyer as it is contrary to law and legal ethics.
The court said, “The Registry officials must take adequate measures to ensure that in case the engaged counsel in a particular case is sought to be changed, the latest vakalatnama must be accompanied with NOC. The call came while considering a bail application in which the violation was noticed on Wednesday."
The single-judge bench of Justice SK Panigrahi said the Registry should not have accepted the vakalatnama without NOC from the previous advocate or he letter of consent from the petitioner concerned as such deviation.
“The Registry need to be more vigilant while accepting vakalatnama seeking change of advocates. They should allow such changes only when there is a consent from the previous advocate or a letter of consent from the client, so that unintended chaotic situation can be avoided,” Justice Panigrahi said.
“It is very often seen that without obtaining the consent from the previous advocate, another advocate files vakalatnama which marks a disturbing trend. When the matter is taken on board, the appearance of so many advocates creates a chaotic situation”, the judge said.
“The procedures and rules have a sanctity and they should not be violated by the advocates and the staff either in a collusion or individually”, he said.
Panigrahi said while strongly deploring the tendency of advocates filing vakalatnamas in the midst of the proceedings.