Kishan Dutt
How to select a Lawyer and Change of a Lawyer
Kishan Dutt Kalaskar 23 Nov 2022

How to select a Lawyer and Change of a Lawyer

How to select a Lawyer and Change of a Lawyer

Introduction: The Indian legal profession is one of the broadest and most dignified professions globally. Current records indicate that there are around 1.4 million enrolled advocates worldwide. However, this data cannot assist enough when finding a good lawyer. There are multiple conception-based reasons for the number of advocates available and the substantial scenario that persists. The Bar Council of India, in one of the statements, said that one-third of the profession is fake and, subsequently, commands real lawyers in the profession to stand on this issue. Though there is a shortage of lawyers in India as opposed to the number of lawsuits filed and pending, the necessity and demand are growing larger. There are numerous ways by which people connect with lawyers. A few include online research on legal services sites and references by friends and relatives. But, what clients must note while selecting a lawyer is inspecting some essential factors and educating themself. Here we have elaborated on some of the crucial traits you need to check and educate yourself on as a client to find a good lawyer.


Types of advocates and who are advocates and lawyers

In India, people generally deem lawyers and advocates the same. However, advocates are lawyers; not all lawyers are advocates or attorneys. An advocate has learned the law and has a license to practice law. The term advocate is prescribed and defined under Sec 2 (1) (a) of The Advocates Act, 1961. Thus, only advocates can fight in court on the client’s behalf. Furthermore, a qualified lawyer can help you counsel and advise you on legal issues you are stuck with and the documentation therein. They are drawing up legal papers and documents related to wills, divorces, contracts, real estate and mediating disputes.


Crucial points to remember while appointing a lawyer:


Identifying the legal issue

You must identify your legal issue correctly, especially in the case of civil lawsuits. Identifying your issue will help you get a specialist lawyer to help you better deal with the problem with the proper techniques to tackle and resolve the situation immediately. Suppose you are finding a defence lawyer to get disposed of a criminal charge. In that case, you must trust a specialist in the domain who can take up essential responsibilities on your behalf in the court proceedings. 



Consider the appropriate level of experience in similar cases 

It is impossible to hire a specialist lawyer for everyone but it is better if you go for a lawyer and an advocate with some experience. Whether your problem is severe or minor, the lawyer should understand the problem with the desire to give you the best possible legal advice and service, along with consultation with genuine intentions.


Assess the communication skills and professionalism of the lawyer 

These are the most crucial traits of a good lawyer. You can examine these skills by how they talk with you, their time for a response, and their professionalism. Professionalism is one of the ideal qualities of a good lawyer with whom you can share confidential information and documents. 


Conduct thorough research on their record 

A good lawyer always retains a fair identity and a transparent background. You can check whether the lawyer you are opting for has any criticisms of misconduct, faulty and unclear fee structure, disloyalty, etc., from their former clients.


Discussing potential costs and the fee structure clearly 

Keep a professional and transparent legal relationship. As aforesaid, your lawyer should be a good communicator in discussing all the vital aspects indulged in the process. He must provide you with an outline of how they will handle your case, what and how will they determine the fees for the legal advice, expenses incurred in the procedure and everything relating to it.

The modes mentioned above reflect some of a good lawyer's essential and potential qualities. Not every lawyer will be well-experienced, but you mustn't miss any point in checking their authenticity. It doesn't matter what it means you find a lawyer. Conducting some basic tests before choosing the one is your right, just like you do for any other service. Because a wrong lawyer can be your worst nightmare and will not only cause a waste of money but also delay the process of obtaining justice which is your basic human right. Hence, getting a good lawyer by your side is the first and foremost step in resolving cases and getting away with legal issues with the best legal consultation and assistance. 



Change of  Lawyer Procedure

Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court. Just get NOC (No Objection Certificate) from your previous lawyer and engage another lawyer. If he refuse then get issue a notice by your terminating his Vakalat/Power with immediate effect and engage another lawyer by producing copy of such notice and postal receipt.


Complaint against a Lawyer the Provisions of Advocates Act, 1961 and Rules framed by Bar Council of India.


A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.

The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.

Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.

The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.

On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.



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