How to Change Your Lawyer in a Pending Commercial Suit

Can you change your lawyer while the case is pending?

Yes. Who represents you is your choice, and you can replace your advocate at any point, from the day after filing to the day before judgment. The judge won't ask for a reason. The opposite party can't object either. Your choice of lawyer simply isn't their business.

The rule sits in Order III Rule 4 of the Code of Civil Procedure, 1908 (CPC). An advocate's appointment has to be in writing, which in real life means the vakalatnama. It stays in force until it's ended with the court's leave, by a writing signed by the client or the advocate and filed in court, or until the case is over. In principle, then, it's easy. A new vakalatnama goes on record and the old one is discharged.

The trouble is everything around that piece of paper. Your files are sitting in the old chamber. Deadlines don't pause. In the Delhi High Court, the e-filing account is in the old advocate's name. There may be a fee quarrel too. Do it carelessly and you can lose a right that took months to build. Do it with a plan and the court will barely notice, beyond one line in the order sheet.

Why do businesses switch lawyers halfway through a commercial suit?

The reasons we hear are mostly practical, rarely dramatic. Nobody can reach the advocate before dates. A new junior shows up each time and asks for an adjournment because 'senior is in the High Court'. The client hears about an order only when the other side mentions it in an email. Or the case has outgrown its lawyer. A recovery suit that started simple now has a counter claim, an application under Order VII Rule 11 to reject the plaint and a stay petition on top, and the original counsel is out of depth.

Sometimes it isn't the lawyer at all. Commercial suits stall for reasons no advocate controls. The defendant dodges service. The presiding officer gets transferred. The board is long. So before you switch, open the order sheet and ask a simple question: is the delay in the file, or in the court? If it shows your side asking for time again and again, or rights being closed, that's a lawyer problem. If it says 'Presiding Officer on leave' and 'summons not served despite steps', a new lawyer may not change much on day one.

Can't tell which it is? Have another advocate do a short review before you move. Our guide on getting a second opinion on a commercial case already in court explains how to do that without damaging the working relationship you still have.

Which rules control a change of advocate?

When should you change, and when should you hold off?

Timing matters far more than most clients think. When a file comes over from another chamber, Advocate B.K. Singh looks first at the next date and what's due on it. A switch made in the same week a written statement or appeal falls due is the switch that does damage.

Three points are usually smooth. Right after pleadings close and before issues are framed. Between the end of evidence and the start of final arguments, provided the new counsel gets enough time to read the record. And after a decree, when you're deciding on appeal or execution and a fresh set of eyes helps anyway. The risky moments are different. Halfway through a cross-examination that's already started. The last few days of a limitation period. And the 10-day windows in a summary suit, where a defendant who misses applying for leave to defend can have a decree passed against it.

There's one point where we'd usually tell you not to change at all: after final arguments are done and judgment is reserved. The new advocate has nothing left to argue. Courts rarely welcome a request to reopen arguments just because counsel has changed. If you're unhappy with how the case was argued, wait for the judgment. Then choose your counsel for the appeal or the execution.

Changing your lawyer in a pending case, step by step

This is roughly how a planned switch runs in a Delhi NCR commercial court. The steps overlap. Most take a few days each.

1. Pull the order sheet and find the next date

   Download the case history from the eCourts portal or the Delhi High Court website and read the last few orders. Note the next date, what the court wants done before it, and any costs still unpaid. That tells you how much runway the new lawyer has.

2. Meet the new advocate with whatever you've got

   Bring the order sheet, your copy of the plaint or written statement, and your own documents. The new advocate should check there's no conflict (that he isn't acting for the other side) and tell you what the file needs before the next date. Get the fee agreed in writing before you sign the vakalatnama.

3. Write to the old advocate

   Keep it short and polite. Say you've decided to engage another counsel, ask for a no objection letter, and ask for the full file: your original documents, soft copies of every pleading and application filed, and any drafts that were never filed. Stay neutral. Old grievances can be raised later if they still matter.

4. Sign the new vakalatnama

   The new advocate prepares it in the court's format. A company signs through a director or an officer authorised by board resolution. A partnership firm signs through a partner, and a proprietorship through the proprietor. The welfare stamp that court requires goes on it.

5. File it, with the NOC if you have one

   In the district courts it's filed in court or by e-filing, depending on that court's practice. In the Delhi High Court it goes through the e-filing portal from the new advocate's own account. If the NOC has arrived, it's filed along with it. If it hasn't, the new advocate files an application saying the client has withdrawn instructions from the earlier counsel.

6. Turn up on the next date

   The new counsel tells the court about the change, gets it noted in the order sheet and asks for a short time to study the file, but only if that's truly needed. One genuine request for time is usually fine. Asking again and again is how costs get imposed.

7. Inspect the court file if papers are missing

   If the old chamber's file has gaps, the new advocate can inspect the judicial record and apply for certified copies of pleadings, documents and orders. Expect a few days to a few weeks, depending on the court.

8. Let the other side know

   Send the opposite counsel a short letter with the new advocate's details, so notices, copies of applications and any settlement talk reach the right desk. Applications served on the old counsel after the change only cause muddle and delay.

If there's no pressing deadline, all of this fits comfortably before the next date. If the date is close, the new advocate can get the vakalatnama on record first and finish the handover afterwards, as long as nothing due on that date slips.

What's an NOC from an advocate, and do you have to have one?

It's a short letter in which the outgoing counsel says he has no objection to you engaging another advocate in the case. Some lawyers sign it on the client's own letter. Others write a separate one on their letterhead. There's no statutory form. Nothing in the CPC demands it. It exists because the Bar Council's conduct rules expect a new advocate to have the colleague's consent before stepping into a case where a vakalatnama is already on record.

The NOC is really a courtesy between lawyers, plus a piece of evidence. Your right to change doesn't come from it. When the old advocate signs one, the court notes the change and moves on. When he refuses, delays or goes silent, you still aren't trapped. Your new advocate files the vakalatnama along with an application stating that instructions were withdrawn and that the earlier counsel was informed in writing, and the court records the appearance. So hold on to your letter or email to the old advocate and the delivery proof. That application rests on it.

A practical point. Some advocates hold back the NOC until their fee is paid. That's a fee question. Your right to change counsel doesn't hang on it. Pay what's fairly owed, dispute what isn't, and keep the two things apart.

What if your old lawyer won't give the NOC, or keeps your file?

Write again, and this time list exactly what you need. The original agreements, invoices and ledgers you gave them. Every pleading and application filed. The documents filed with the plaint under Order XI. Any replies received from the other side. And the drafts, in Word. Set a date for it. Usually that's enough. Few advocates want a grievance on record over a bundle of papers.

Still nothing? Then split the problem in two. The case first. Whatever was filed is sitting in the judicial file, so your new advocate can inspect it and order certified copies. Your case doesn't depend on the old chamber's bundle. Then the originals, the papers you gave the old lawyer that never reached the court. Here the law is on your side. In R.D. Saxena v. Balram Prasad Sharma (2000), the Supreme Court said an advocate can't keep a client's litigation papers as security for fees. A firm letter quoting that judgment usually settles it. If it doesn't, Section 35 of the Advocates Act lets you complain to the State Bar Council. Treat that as a last resort.

A word from practice. Don't let anger at the old lawyer turn into a side battle while the main case is running. What Advocate B.K. Singh usually tells clients in this spot is simple. Secure the court record within the week, protect the next deadline, and think about any complaint only once the case is steady again.

How does a new vakalatnama get filed in Delhi NCR commercial courts?

Much like the first one, with two extras: a reference to the earlier counsel and, if you have it, the NOC. In the Delhi district courts, the District Judge (Commercial Court) hears commercial suits of up to Rs 2 crore. There the vakalatnama carries the welfare stamp used in Delhi and is filed in court or by e-filing, whichever the court requires. Do check the current limit. In July 2026 the Delhi High Court Full Court recommended lifting the district court figure to Rs 10 crore, and that needs an amendment to the Delhi High Court Act.

In the Commercial Division of the Delhi High Court, everything runs through the e-filing portal. The earlier filings sit in the previous advocate's account. So the new counsel files the vakalatnama from his own account against the existing case number, and every application after that goes from there. Our note on e-filing a commercial suit in Delhi explains the portal. The upshot? You can't ask the old chamber to 'file just one last thing'. The new advocate has to be on record first.

In Ghaziabad, Gautam Buddh Nagar and Gurugram, the court designated as the district's Commercial Court follows its own High Court's practice on vakalatnama format and welfare stamps. Filings there are moving onto the state e-filing systems too. Ask your new advocate for the current format. Don't download an old one, because the stamp and the required details change from time to time.

If you're a company, the person who signs must have authority. A board resolution or power of attorney naming the signatory, with a certified copy, heads off objections later. That person usually signs the statement of truth for any new pleading as well. So pick someone who actually knows the transaction.

What to collect from your old lawyer before the handover

How long does a change of lawyer take, and what does it cost?

Which deadlines keep running while you change lawyers?

All of them. Nothing pauses because you've changed counsel, and commercial suits have some of the harshest time limits in civil litigation. Take the written statement. The defendant has 30 days, extendable up to 120 days from service of summons, and that's the outer wall. Once day 120 passes the right is lost for good, and no judge can revive it (Order VIII Rule 1 as amended, and SCG Contracts v. K.S. Chamankar, Supreme Court, 2019). So if you switch on day 100, your new lawyer gets 20 days. The clock doesn't restart. We explain the consequences on our 120-day written statement deadline page.

Summary suits are tighter still. Under Order XXXVII, a defendant gets 10 days after being served to enter appearance. Once the summons for judgment is served, the clock restarts, and there are 10 days to seek leave to defend. Document inspection under Order XI has its own window too. Admissions and denials are due within the time the court fixes, which is ordinarily 15 days after inspection is complete. Then there's the appeal. A Commercial Court judgment can be challenged under Section 13 of the Commercial Courts Act, 2015, and you get 60 days. This is exactly when a lot of clients decide to switch. That's fine. Just make sure your new lawyer has the certified copy and the papers weeks before day 60, not on the last morning. The commercial appeal guide deals with that stage.

Costs orders survive the switch too. If the court put costs on you as a condition for taking a document on record or granting an adjournment, they must be paid before the next date, whoever is on record by then. Leave them unpaid and the defence can be struck off, or the plaintiff's evidence closed.

Could you add a second lawyer or a senior instead of replacing the first?

Yes. Sometimes it's the smarter move. You can engage more than one advocate on the same side. The second files a vakalatnama with the first one's consent, and both appear. This works well when your first advocate handles routine dates fine but the case now needs heavier hands for a contested injunction, a cross-examination or final arguments.

Senior Advocates are a separate category. A senior never files a vakalatnama. They're briefed by the advocate on record and appear on that brief. So if you'd like a senior for one big hearing, ask your current advocate to brief one, and nothing else about the arrangement changes. The Supreme Court has its own rule. Only an Advocate-on-Record can file there, which means any change in that court is a change, or addition, of AOR.

Adding counsel brings its own friction. Two chambers need one clear line of instructions. One person has to keep the calendar, and there must be one version of every draft. Put in writing who handles what. Otherwise you'll end up with two half-prepared lawyers where you wanted one fully prepared one.

Does changing lawyers look bad in front of the judge?

Not in itself. Judges see changes of counsel every week. They know clients have reasons they don't need to explain. What a judge does notice is the effect on the case. An adjournment request on the new counsel's first date, then another, then an application to recall a witness or amend a pleading because 'new counsel has a different view'. That pattern draws costs, and remarks in the order sheet.

Avoiding it isn't hard. The new advocate should come to the first date having read the file, and ask for time only if there's a specific, short task that really needs it. If you're changing because something was missed, say an application that should've been filed, the new counsel should file it promptly with an honest explanation. Blaming the predecessor in open court doesn't help. Courts respond far better to a party that quietly fixes its own file than to one pointing fingers.

Amending a plaint or written statement because the new lawyer would've drafted it differently is another matter. Under Order VI Rule 17 of the CPC, an amendment after trial has begun needs a showing that the party couldn't have raised it earlier despite due diligence. A change of counsel isn't, by itself, that reason.

How do you settle the old lawyer's fees without hurting the case?

Go back to what was agreed. If your engagement letter fixed fees stage by stage, the stages done are payable and the ones not reached aren't. If you paid in advance for work that never happened, the Bar Council's conduct rules expect the unearned part to come back to you. If nothing was written down, most disputes settle at a fair figure for appearances and drafting actually done.

Try hard to keep money arguments away from the courtroom and separate from the NOC. Whatever isn't disputed, pay it quickly. Whatever is, object in writing, and say you'll sit down about it once the handover's done. With the new advocate, insist on a written fee arrangement linked to stages from the start. Our explainer on how fees are discussed and agreed shows what that usually looks like. For the other things to settle on day one, see our guide on questions to ask a commercial court lawyer before hiring.

The new chamber should also tell you how it'll keep you informed. Who sends you the order after each date? How do drafts reach you for approval? Whom do you call? If you changed lawyers because you were left in the dark, ask for this on day one. Our page on how clients are kept updated during a commercial case describes a routine that works.

Is it different for companies, firms and clients outside Delhi?

With a private limited company, the extra step is proving authority. The board should authorise whoever signs the new vakalatnama, and the resolution needs to be broad enough for pleadings, statements of truth and any settlement papers in the suit. Larger companies often keep a standing authorisation for their legal head. Smaller ones tend to pass a fresh resolution each time. An LLP signs through a designated partner. In a partnership firm any partner can usually sign. But if the partners are fighting among themselves about the switch, the other side will notice and use it. Settle that inside the firm first.

A proprietorship has no identity separate from its owner, so the proprietor signs personally. If the proprietor dies while the suit is pending, the change of counsel gets tied up with bringing the legal heirs on record. That has its own time limits under Order XXII of the CPC.

Distance isn't a real obstacle. Take a manufacturer in Ludhiana with a suit pending in a Delhi commercial court. The whole switch can happen without a trip to Delhi: the vakalatnama gets signed in Ludhiana and couriered, and the file review happens on a video call. Originals are the exception. Nobody can check those over a screen, so send them to the new chamber well before evidence. One more point for Ghaziabad and Gurugram suits. Appeals from there go to the Allahabad High Court and the Punjab and Haryana High Court, so a switch at the appeal stage often means hiring counsel who practise in those courts. You'll find the courts the firm appears in on our commercial court services page.

What to do this week if you've made up your mind

Download the order sheet today. Write down the next date, what's due on it and any costs to be paid. Is a written statement, leave to defend or appeal deadline coming up in the next three weeks? If so, deal with that first. The change of counsel comes second.

Next, sit down with the new advocate, bring whatever papers you've got, and fix the fee in writing. On the same day, write to the old advocate asking for the NOC and the file. Sign the new vakalatnama. A week passes and the file still hasn't arrived? Don't keep waiting. Get the new counsel to inspect the court record instead. Our commercial court practice handles suits, defences, appeals and execution in Delhi, Noida, Ghaziabad and Gurugram, so whatever stage you're at, the switch can be managed by one team.

If you'd like your order sheet and papers looked at before you make the move, you can share them with Advocate B.K. Singh's team through the contact page.