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How to choose a Good Lawyer

Once the law and the client in tools into the contract of retainer or the letter of engagement, then the client has the option to enter such a contract anytime be whatever reason it is going on in his mind but the opposite of it cannot be true because a Lawyer wants to withdraw from such representation then it requires substantial proof as to why he is withdrawing from such a case such withdrawal should be in the form of giving reasonable notice to the client and for good cause.


As stated earlier there should always be a substantial legitimate Reason for withdrawal and also there should be an advance warning where the lawyer tries to inform the client regarding any of the consequences it might face in the future or stop acting on the behalf of the client depending on the type of the matter, clients need and individual client’s expectations.

Deloitte has three sets of options, that is it must withdraw the military withdrawal, optional withdrawal where it may choose to withdraw a case at his own Accord and withdrawal from such cases which are criminal in nature.

Reasonable notice and good cause

Whether the lawyer has a good intention of withdrawing from such a case from the clients matter it all depends upon the factors like relationship with the client, stage and nature of the matter, anything which tries to produce or harm the client can also lead to withdrawal and the experience or the Lawyer’s expertise as well.


If the lawyer is withdrawing from a case then there should be a reasonable amount of time or notice of reasonable intent to withdraw is mandatory. There are certain steps for rules and regulations to be followed outlined in a Tribunal or Court. Cases in which the court or the tribunals decide whether to withdraw from cookies or not then whatever the decision is being made by such a court or Tribunal shall govern. Attitude earlier that there should be a reasonable time to withdraw from such case but what is in such scenario as there is no specific timelines or any targets specified, then also in certain areas it is the duty of the lawyer to protect the interest of the client and not abandon the client in the middle of a critical stage of matter which weaken or disadvantage the client case. The client should be given an advocate time from the former lawyer’s side to engage any other lawyer or legal representative to continue his matter from where the former lawyer ended or obtained from the original lawyer.

Before the lawyer in execute the client’s matter in front of the court it is the duty of the lawyer to explain to the client at the beginning of such letter of engagement of the retainers agreement when the lawyer can or might presenting for the client, what all clients document should be return back to the client weather at the completion of retainers agreement or the letter of engagement or at the time of such an termination of an agreement or a relationship with the lawyer or when the Lawyer withdraws.
To better comprehend the same, it is the duty of the lawyer to embed such clauses in the letter of engagement of the retainer’s agreement.

Optional Withdrawal


Where there stands a legitimate or genuine option to withdraw from such a case when the lawyer is given the permission to withdraw from such representation and this can only be possible only if a reasonable notification of withdrawal is given from the lawyer’s side to the client. Genuine or legitimate options can only arise when the lawyer is of an opinion that he has lost his confidence between the relationship he has built with him and the client, failing after persistently requesting from the lawyer’s side to pay the legal fees of all the services which he is representing on the behalf of the client.
As far as the matter in the court or the Tribunal is concerned in case lawyer is not giving the permission or is not within his hands to withdraw from such case, where it is only the court or the Tribunal who has the ultimate authority to give permission to withdraw, then such decisions of the court or the Tribunal should be followed by the lawyer.

Losing confidence


Subject whatever the rules relating to the withdrawal on criminal matters or any of the directions given the Tribunal in case the lawyer is of the opinion that he is losing confidence between him and the client case then it might be considered as a good cause for such withdrawal. Such a serious loss here basically means that the relationship which is in a fiduciary manner has been diminished from both the sides that is from the lawyer as well as the client and they won’t be able to form a healthy relationship.


Such serious loss of confidence can be in the form of circumventing the lawyer from the client side where the client himself is not truthful to his own lawyer then there is no chance of building a traditional relationship and executing the client’s matter from the lawyer’s side, When the client hides or conceal certain information and does not give full disposal of information of the case to the respective lawyer, another situation where the client refuses to act and disregards the advice of the lawyer and if such client continues to disrespect and does not follow the advice of the lawyer then the lawyer has no the option to withdraw from such a case because of such Non-Cooperation from the client side. Hire best Lawyers in Chandigarh for all tough cases. Another Example of loss of confidence can also include material breaking down of Communications, a Cooperative or unreasonable behavior from the client side in a continuous manner or not accepting the advice of the lawyer or any other relevant instructions given by him.


Even when the lawyer has formed an opinion that he won’t be able to execute the case on the behalf of the client the lawyer should not try to threaten from the drawing of such legal services which makes it difficult for the client as to how to go for the matter further and it can only be done by giving a proper or reasonable notice.


Non-Payment of Fees


Where the lawyer has found in opinion that even after processing requests to the client for providing fees for the funds to the lawyer the client’s to deliver such fees then the lawyer has the option to withdraw from such a case until unless there is any kind of serious prejudice which could result from such withdrawal. where there arises a situation that the client’s interest could be harmed due to immediate withdrawal of the case from the Lawyer’s side, then the lawyer should continue to act in a diligent and Competent manner even when the fees is not paid. What’s the risk of a serious president being reduced then the lawyer can take the option of withdrawing from such a case for non-payment of such fees?


Before such withdrawal of the case it is the duty of the lawyer to intimate the client through periodic warning letters stating that such non-payment of fees would result in withdrawal of such a case or ending the letter of engagement authority in his agreement. The notice given by the lawyer to the client should be reasonably fair and Competent manner and should give ample time for replication from the client side. Even the court or the Tribunal can also give directions for such withdrawal of the case for non-payment of the fees to the lawyer by the client.

Withdrawing of case in criminal proceedings

In case of legal proceedings, the lawyer can or can have the option of withdrawing from such a case if it is considered to be a reasonable or an adequate cause. Whether such permission will be given to the lawyer depends on the beginning of the trial of the client, or Such date or time where the lawyer stops to act on the behalf of the client.
Generally speaking, the amount of time between the trial or withdrawal must be fair enough to allow the client to engage in any other lawyer or a new legal associate so that enough time could be given to the new lawyer for preparing for the trial. Sufficient interval is considered to be the level of expertise of the knowledge which is required from the new legal representatives for the associate and depending on the stage, type or the complexity of the matter.


When can the withdrawal be permitted?


The withdrawal of the case in the criminal matters can be permitted in case of non-payment of the fees and there is considerable amount of time to begin with the trial and engage any other new lawyer to represent the case on the behalf of the client and is given enough time to prepare for such trial of the case in the criminal matter. But such a withdrawal would not be permitted in scenarios was when there is a serious prejudice involved in the matter of the case.


But before withdrawing the case following the precautions which are required to be taken into consideration from the Lawyer’s side where full account details of the lawyer should be given to the client by the lawyer for the payment of the fees, notifying the client in writing the reason of withdrawal of a case, notify the registrar of the clerk of the court in writing the withdrawal of the case if the lawyer is acting on the behalf of the accused or notifying the opposite counsel in writing for the withdrawal of the case and comply with adequate rules and regulations of the court.


However, the rules of the court do not expressly make it mandatory to write an application to the court on the behalf of the lawyer for the withdrawal of the case but there are certain rules and practices which are required to be followed. The lawyer must try to find out such rules and practices and follow and comply with them accordingly. Lawyer should not try to disclose the reason behind withdrawing such a case in front of the court of the prosecutor unless it is justified to disclose the same. This is important because in case of loss of confidence between the parties or conflict of interest the lawyer has withdrawn from the case.

When Withdrawal is not permitted?


The withdrawal of the case from the lawyer side would be permitted in scenario was when the trial of the case is near and there is a reasonable apprehension that in case of the withdrawal it would lead to the loss for the client or appointing the new legal representatives won’t give an adequate or enough time to prepare for the try then in such situations the lawyer acting on the behalf of the client in the legal criminal proceedings cannot withdraw solely on the reason of non-payment of the fees.

Withdrawing of the case with the permission of the court

If there arises any kind of a conflict between the parties to withdrawal of such a case, then it is the decision of the court of the Tribunal which rescue in such kind of matters take into consideration the degree of loss that could be faced to the client by the lawyers withdrawal of the case, or whether it is appropriate to withdraw at this point of time when the trial of the case is very near and the possibility of appointing a new legal representative is not feasible for viable. Until and unless it is been instructed by the client to add John the case to a future date. Whether a lawyer initiates the process of concluding the case, then the lawyer should give an application to the opposing counsel as well as to the court giving reasons if permitted for such withdrawal.

Mandatory withdrawal


Circumstances may also arise in situations where the lawyer is pressured to withdraw from such a case even if the lawyer or the client wishes to continue under the letter of engagement of the retainer’s agreement. So, in accordance with the criminal proceedings and the directions of the court or the Tribunal, noise can withdraw from representing the client when the lawyer is being discharged from the duties to represent on the behalf of the client regardless of any of the reasons being provided by the client. Good Immigration lawyers in Chandigarh are always ready to help those who want immigration in other countries. If the lawyer is not competent enough to handle the matter in a competitive and fair manner.


Failure of withdrawing from such a matter will lead to professional misconduct from the lawyer’s part. In case the lawyers are confused whether they are meeting the standards, then the lawyer should try to see the rules and regulation book or consult any other lawyer for the same.

Leaving the Law Firm


Client lawyer relationships can also end on the basis of leaving the firm by the lawyer to practice somewhere else. Since it is the right of the lawyer to choose his lawyer, a Law Firm or a legal representative to execute the case on his behalf. so, when informed decisions should be made whether to continue with these lawyers or not. When a law firm is executing a case of a client it is the duty of both the lawyer as well as the client to protect the interest of the blind and the disclosure of the information which he gives to the law firm and that respective lawyer.


If a lawyer working in a law firm leaves the law firm then a reasonable notice before leaving should be under a reasonable time period so that the client whom he is representing is not affected. Advising the client by the law form to hire any other legal representatives from that law firm. Reasonable steps for instructions from the client side as to how to proceed with such a case when the original lawyer has withdrawn or left the law firm.


Affected client here basically means the person whose Matter was to be taken care of by a law firm by appointing a lawyer or a legal representative. It becomes the responsibility of the law from that whenever the respective lawyer has left the law firm his client is ensured as to the available options the law form gives to him and what about the directions are given by the client the law of a means to respect that and executive proceedings with those directions given.


In a law firm, factors which should be taken into consideration to inform the affected client in a joint manner regarding the original lawyer’s work was left to the law firm, giving access to the contact information of the affected client, relationship between the lawyers of the law firm and that of the affected client.


In the absence of any kind of a notification or an agreement as to who would give the notification to the affected client, all the remaining lawyers of the search form should jointly give the notification regarding the exit of the lawyer from that respective law firm. Then the lawyer has to decide whether to remain in the form and mean engage with any other lawyer with the law firm appoints or leave the law firm as per his own Accord. And if the client gives an opportunity to the very same law firm to give another lawyer, then a reasonable time has to be given to that new lawyer to get acquainted with the file. In all the situations it should be taken into consideration the fact that the expenses should be minimum in fact it should be the same in which the original lawyer was appointed by the client.


The above principle is also applied in situations where the client hire more than one lawyer in a law firm and it is as per the direction of such a client as to whom to keep under the advisory panel and those were no longer been retained by the client such lawyer should try to avoid prejudice and try to minimise the expense of the client.
Such rules do not apply to any of the Council who is representing the government or is under the panel of cooperation being held by a government or any of the public body or in-house legal counsel.



This post first appeared on India Grants Divorce To Man Whose Wife Refused To Live With In-laws, please read the originial post: here

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