An advocate can be fired without his consent: Karnataka High Court

Bengaluru: The Karnataka High Court has ruled that a party to a litigation has the absolute right to appoint an advocate of his choice,  terminate his services, and appoint a new advocate in his place without waiting for the previous advocate to give his ‘no objection’ to the move.

In its order dated December 2,  the court, however, said fairness demanded that the party should inform the advocate already on record  about his decision to appoint a new advocate in his place.

“There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorisation given to an advocate is absolute. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorisation. On discharging the advocate, the party has the right to have the case file returned to him  and any refusal by the advocate to it will amount to misconduct under Section 35 of the Advocates Act, 1961,” the court added while hearing a case in which the ‘Registry’ had raised objection to the vakalatnama of an appellant saying it did not include the ‘no objection’ of the advocate already on record.

The judge pointed out that the Supreme Court had in a similar case observed, “For whatever reason, if a client does not want to continue the engagement of a particular advocate it would be a professional requirement consistent with the dignity of the profession that he should return the brief to the client. It is time to hold that such obligation is not only a legal duty but a moral imperative.”

In his view if an advocate was discharged by his client and if he had any genuine claim against his client relating to the fee payable to him, the appropriate course for him was to return the brief and to agitate his claim in an appropriate forum, in accordance with law.