Who Signs What, and Where the Change Is Actually Recorded
Most of the difficulty in changing an advocate is not legal — it is clerical. Litigants assume the court is informed automatically once a new lawyer is engaged. It is not. Until the court's record shows a fresh vakalatnama and the Bench has permitted the change, the earlier advocate remains the advocate on record, and notices, orders and even dismissal orders continue to go to that address. The table below sets out who must sign each document, so that nothing is filed in the wrong name.
| Stage | Document | Signed by |
|---|---|---|
| 1. Instruction | Written intimation of discharge to the outgoing advocate | Client (and co-client, if several) |
| 2. Handover | Receipt for returned originals and case papers | Client and outgoing advocate |
| 3. Engagement | Fresh vakalatnama with the new advocate | Client, in the presence of the new advocate |
| 4. Filing | Memo of appearance / change memo | New advocate |
| 5. Consent | No-objection letter, or application in default of it | Outgoing advocate / new advocate |
| 6. Order | Court's endorsement permitting the change | Bench (by order in the order sheet) |
Two practical points follow. First, a vakalatnama is case-specific: a fresh one is needed in each proceeding, including an appeal or a revision arising out of the same dispute. Second, where there are several plaintiffs or accused, each must sign; a change accepted for one does not bind the others, and a vakalatnama signed by only one of several accused is a routine cause of an adjournment.
Realistic Timelines, and Why the Date of Change Matters
The following are indicative ranges drawn from practice before the City Civil Court, the Bankshall Court magistracies and the Calcutta High Court. They shift with the Bench, the list and the cooperation of the outgoing advocate, so treat them as expectations rather than promises.
| Step | Usual time | Risk if skipped |
|---|---|---|
| Written intimation and file handover | A few days to a fortnight | Two advocates claiming the brief; conflicting submissions |
| Filing change memo before the next date | Same or next working day | Non-appearance, costs, or dismissal in default |
| Court endorsement of the change | Next effective hearing | New advocate cannot be heard on the file |
| Objection by outgoing advocate, if any | Adds one or two dates | Adjournment; the client's choice still prevails |
Time the change deliberately. The worst moment is the eve of a crucial hearing, a cross-examination, or the last date of limitation. If an appeal period is running, the change should be completed with enough margin for the new advocate to apply for a certified copy and settle grounds; a change made in the final week can cost the appeal itself. Where a stay is operating or an interim order is protecting you, avoid any gap in appearance, because an undefended mention can result in the stay being vacated in your absence.
Frequently Asked
Can my old lawyer keep my originals until fees are paid? A lien over papers for unpaid fees is a recognised practice, but the court can direct release of title deeds and court-issued originals, often against security. The better course is to settle the undisputed portion and record the dispute in writing rather than litigate it.
Do I have to give a reason? No. Loss of confidence is enough; the court does not adjudicate the quality of the relationship. Reasons become relevant only where the outgoing advocate alleges that fees or costs remain unpaid.
Can I change lawyers after arguments are heard but before judgment? Yes, but the new advocate will be given time to read the record, and the court may refuse reopening of arguments already concluded. Practically, change before final hearing if at all.
What if the change is because of a conflict of interest? Raise it at once and in writing, and disclose it to the court rather than simply filing a new vakalatnama. Confidentiality from the earlier engagement continues to bind the outgoing advocate regardless of the change. For help with a change of advocate in a pending Kolkata matter, contact the chamber.