Can a Client Change Advocates in the Middle of Their Case?

Proceedings of any case inside the court is not a smooth going journey, but rather it faces many difficulties and all these difficulties require competent skill set and relevant knowledge. Secondly, along with competent skill sets and legal knowledge, advocates also need to be humble, friendly, and approachable to their clients.

Incompetency in any of these skill sets or change in behavior may compel their clients to replace their advocate from the case.

Can Client Change Advocate?

Though question appears very simple and its answer can be given in either ‘yes’ or ‘no’, but it is not like this. However, prima facie, answer can be given ‘yes,’ but it needs proper justification, which involves legal, ethical, and practical consideration.

Likewise, following are some of the justified reasons under which, clients can replace their advocates even in the middle of the case −

• Financial Issues − As discussed above, the court proceedings are very lengthy and to and some extent expensive; many times, it takes much time than assumed and expected. In such a condition, if client bankrupts or financially exhausts and unable to pay their advocate’s fee, then with mutual understanding, client can change his advocate.

• Breach of Confidentiality − It is duty of advocates to maintain their clients’ confidentiality. But because of any reason (not known to clients or without clients’ knowledge and consent), advocates disclose or share with third party, then in such a case, clients have the right to withdraw the case and replace with a new advocate. However, keep in mind that if such disclosure by the advocate is made because of court’s order or for any such official proceedings, then the case may be different and it would not be covered under ‘breach of confidentiality.’

• Conflict of Interest − During the course of legal representation and judicial proceedings, any point in time, if any dispute or conflict of interest arises and it could not be resolved with proper communication, then it is better to change the advocate.

• Communication Gap − This is one of the most genuine reasons because of which, clients can change their advocate. Communication gap involves, advocate does not explain all the required points, reluctant to give update and resolve client’s queries, or could be anything like misinterpretations, one-way communications, late communications, etc.

• Not Giving Proper Time − Not giving proper time is another important reason because of which, client can demand to change their advocate. In a condition, on hearing dates, instead of going oneself, advocate sends their junior and instructs him or her to take another date and it happens multiple times, client can change their advocate.

• Demanding More Fee Than the Decided − Regarding the fees, if advocate demands more than the agreed fee (unreasonably), even in this condition, instead of paying the additional amount, client can decide to change the advocate.

• Delaying the Case Proceedings − For the normal clients, it is difficult to appreciate this point, but any point in time, if client feels that their advocate unreasonably delaying the case or not showing interest in their case, they can change their advocate.

• Meeting with Opponent Advocate to Settle the Case or Delay the Case Proceeding − Though this is utter violation of code of conduct, but the act of meeting with opponent advocate (without client’s knowledge and consent) and planning something, which is against the client’s interest, then client can change his advocate.

• Unethical Demand − This is rare cause, but very much possible. Sometimes, advocate can have some unethical, immoral, or illegal demand; in such a case, instead of fulfilling that demand, it is strongly suggestible to change the advocate.

When a Client Decided to Replace their Advocate in the Middle of a Case, What Precautions Should He/She Take?

As discussed above, in some specified circumstances, there is a provision that client can replace his or her advocate from the case, but before doing so, he or she should take some precautionary step to protect himself or herself from any negative effect.

Following are some of the key steps that clients must consider before replacing their advocates from the middle of a case −

• First of all, client should must determine the valid reason to replace the advocate from the middle of a case proceeding;

• Secondly, the client should must communicate with their advocate and discuss their issue/s and plan to change the advocate;

• Thirdly, the client should pay all the balance fee before winding up the professional relation; and

• Lastly, the client should collect and prepare all the documents and other such case related information from their advocate.

Conclusion

Though clients do have the right to replace their advocate from the middle of the case proceedings, but it involves some apt and thoughtful decision. There are certain points that clients must consider before replacing their advocates, such as a valid reason, proper communication, clearance of fees, and collecting all the essential documents related to their case. In other words, executing the decision of replacement of advocate must be thoughtful and in a friendly manner; so that everyone’s interests and integrity remain protected.

Frequently Asked Questions

Q1.What is the procedure for changing advocates during a legal proceeding?

Ans.Primarily, the client needs to communicate their decision clearly to their advocate and explain the reason, why he wants to replace him or her. If the issue resolves in given circumstance, then the same advocate can continue or else, the client can clear the balance fee, collect all the case related documents along with the ‘no objection certificate,’ and say goodbye in a friendly manner.

Q2.Is there any specific rule governing the transfer of cases between advocates in India?

Ans.Though there is as such no rule that specifies any such transfer of case between advocates; however, with mutual understanding with clients, case can be transferred to another advocate.

Q3.Can a client change their advocate without providing a reason?

Ans.Clients do have the right to change their advocates at any time. However, it should not be arbitrary but rather a valid reason should be given for doing so.

Q4.Are there any formalities or documentation required for changing advocates?

Ans.Though there are no strict formalities as such; however, it is advisable for the client to formally communicate the decision with their advocate. This ensures transparency in the transition.

Q5.What should the client consider before changing their advocate?

Ans.Changing advocate in the middle of case proceedings is very important aspects and it may affect case badly; therefore, until and unless it is imperative, strongly suggest, don’t think of this. However, if it indispensable or really conflicting issues, then before changing the advocate, consider the following points −

• ensure proper communication with both advocates, and

• assess any potential challenges in the transition to minimize disruptions in the legal proceedings.