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How to Withdraw Legal Case from a Lawyer

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At the time of withdrawing the case it is the duty of the Lawyer to charge a minimum legal expense as possible so as to avoid any conflict of interest or any prejudice to the client. This should be done in a reasonable and fair manner from the original legal representative site and pinches less to the pocket of the client at the time of transferring the matter to another legal representative.

Manner of withdrawing the case

Whenever the lawyer is been discharged from the client-side following is the necessity part from the Lawyer’s side Notification in the writing should be given from the Lawyer’s side specifying the reasons of such a withdrawal and as far as the litigation parties concerned, the original legal representative should intimate the following date of the client’s case and advise the client to hire another legal practitioner as soon as possible; Deliver all such kind of properties and also kind of information related documents relating to the client’s case when the original legal representative is no longer working for the client’s matter on his behalf, Any such kind of an additional information with the client needs to know or has the right to know should be intimated by the original legal represented show that the new lawyer can you search information for providing the benefit to the client.

The original Lawyer should surrender the client all such bank account details and also the relevant information relating to the funds which the original lawyer had previously dealt with and knows about it which also includes any such kind of remuneration or money which was not owned by him during such representation; Rendering the account promptly for any such kind of disbursements or outstanding fees; complying with rules of court in a fair and reasonable manner; cooperate with new lawyer in such a manner so as to avoid any kind of prejudice or conflict of interest and also minimize the expense of the client.

It is a mandatory obligation from the original lawyer site to deliver also kind of information and property related documents which can be required for the case for the new lawyer to execute on the behalf of the client, but it should also be noted that the lawyer should not in force any such kind of transfer if he is confident enough that it will lead to conflict of interest or prejudice the position of the client in any of them uncompleted matter.

Such kind of rules involve situations where any necessary modification is needed, when such kind of withdrawal leads to exiting the law of firm or when the law firm is dissolved. Many persons have dream to immigrate in america to live life in excellent way, if you have the same dream then you should choose wisely Canada Immigration Lawyers for yourself.

Even corporation is also required from the new lawyer side so that whatever the documents and legal formalities which was done by the original lawyer could make it a base and understand it for executing the case on the behalf of the client.

Confidentiality upon such withdrawal

So whenever the original lawyer exits from the case of the client it is mandatory from the original lawyer’s side to maintain the confidential information even after exiting the case so that the client’s case is not affected even directly or indirectly. So, it is the duty of the original lawyer to not disclose any such kind of confidential information which hamper the overall agenda of filing the case by the client on his behalf. It would also be considered as professional misconduct from the original lawyer’s if such disclosure is made of the client’s matter. But there is also an exception to it when the client gives consent for disclosure of any information which might be necessary for the lawyer’s part or for the client’s part as well.

Transferring the file through written communication

At the time of transferring the case from the original lawyer to the new lawyer whatever clauses that were mentioned in the retainers agreement of the letter of engagement for exiting the case, such close should be fulfilled and should also be in the form of written communication so that the client and the lawyer both the parties are intimated properly before shifting the case to the new lawyer. Return acknowledgement should be received from the client side that he has received all the related documents and information office case which is to be given to the new lawyer. And if the file needs to be delivered to the client then the Lawyer should also fulfill its duty and receive a written communication of acknowledgement of receiving such file or information. Also, in case any of the notes which have been prepared by the original lawyer which the client has an apprehension is very helpful or would be very helpful for the new lawyer then a copy of such notes should also be given to the client if the client demands.

What all are the duties of the new lawyer?

If a lawyer is contacted by such a client whose case was originally represented by some other lawyer or legal representative of the law firm then such a prospective lawyer should maintain certain duties on his part. Before entering into the case of the client the new lawyer needs a written communication or information which states that the original lawyer approves and has discharged or withdrawn from all the duties off the client. It is also appropriate the decline settles all such of the original lawyer before engaging any other new lawyer be the reason of such withdrawal is for a good cause or whether he was discharged arbitrarily. However, it should also be noted that in case the trial is of the near date and the client is of the position where he could be prejudiced then nothing should interfere with the representation being given by the new lawyer or the successor lawyer on behalf of the client.

Duties towards others

Though the first duty or the apex duty of the lawyer is towards his client, the lawyer has also to initiate certain duties towards others as well. These duties can be in the form of Administering the justice or to any profession at a large scale.

Duties towards the society and the legal fraternity

All the lawyers beat and independent practice or whether increasing in a law firm are given the privilege to adjudicate the dispute to the public because that lawyers have met all such legal responsibility requirements. At the time of accepting the licence to provide legal services for practice law, lawyers have to submit its conduct to the legal fraternity as well. Lawyers are required to fulfill certain duties and responsibilities to the legal fraternity so as to carry out such legal duties or legal profession in an effective and efficient manner for the public Interest. You can hire Best Lawyers in Chandigarh also who owes a duty towards its legal fraternity to protect the public from inappropriate lawyers for their unprofessional conduct in an effective and efficient manner.

Following are some of the duties which are required to be followed by the lawyer that is to respond completely and in a prompt manner towards the law Society; assisting for helping the society in avoiding any such kind of misconduct for any such kind of a practice which is not legal or unauthorized, obtain the consent of the permission to employer to hire such a person who has no relation with the law or is not at all authorized to practice law or dispense any legal service; practice the law in situations with the licence to practice is suspended or otherwise state by the legal fraternity for misconduct or any kind of a miss behavior by such lawyer.

To respond in a complete and a prompt manner

It is the duty of the lawyer to respond to any kind of communication in the law Society or the legal fraternity in a complete and prompt manner. Failure of such a response would lead to the breach or misconduct for any kind of misbehavior from the lawyer’s side. For example if the society wants any kind of information at the time of an inquiry being conducted by such society and such a lawyer fails to cooperate, misbehaves or does not respond to any of the questions been asked by the society of the legal fraternity in a prompt manner regardless of whatever the outcome of the merit of the case to that complaint may be. To comply with the duty is often less time-consuming to deal with the consequences for failure to respond like a discipline hearing.



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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