An advocate is expected to act with utmost sincerity and respect. Lawyers duty towards client Duties of Advocate to the client are: # once accepted than cannot withdraw from actions or engagements, without appropriate cause. He should advice client properly and in a proper way. Not charge fee on relying on the success of the matter. An advocate should never use any undue influence on his client. It's the client for whom the advocate pleads in the court. In preserving the duties it is also important for them to have a good knowledge of the Also Read: The Duties of an Advocate towards his Client. He should not hurt the interest of his client by any of his acts or omission in any manner. According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. Rule 9 and 10: restrict an advocate to represent any establishment during which he’s a member or to look within the matter during which he features a pecuniary interest. it is vital that legal practitioners conduct themselves with integrity, provide proper assistance to the court, and promote public confidence within the system. Advocates have a large responsibility towards the society. An advocate Stands in a loco parent is towards litigant. Bearing in mind the nature of a fiduciary relationship, the main duty of an advocate and solicitor towards his client is the act of loyalty. Eg.- Bar Council of Delhi takes the cases of the Advocates which are registered to the present council. He is the only link between the Court and the client. attired. An advocate should not charge any unreasonable or arbitrary fees to his client; he should charge reasonable fees to the client. Advocate & Client : Section II of the Bar Council of India Rules, 1975 (for short, “the BCI Rules”), in Part VI, Chapter II provides for duties of an advocate towards his client. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe to the court, the client, their opponents, and other advocates. The relationship between a lawyer and a client is highly fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the client by fair and honourable means without regard to any unpleasant consequences to himself or any other person. Rules & Duty Of An Advocate Towards The Client 1. He must also defend a person accused of a crime, regardless of his personal opinion as to the guilt of the accused and must not abuse or take advantage of the confidence reposed in him by the client. Advocates duty towards Client 9 - 12 7. Author: Ayush Jain, Unitedworld School of Law, Gandhinagar, Gujarat. An advocate should not be involved in any kind of conspiracy or should not be involved in any sort of collusion with the other party. He will act on the instructions of the client only. So, finally, we’ll say that professional ethics can also be stated due to the duties that require to be followed by an advocate during his profession. An advocate should try to resolve the matter through negotiation or mediation. The relationship between an advocate and his client is very fiduciary. If an advocate cheats on a client he/she can file a complaint to The Bar Council of India, the link of the web site is provided here: www.barcouncilofindia.org/about/professional-standards/procedure-for-complaints-against-advocates/. An advocate should also defend a person who has been accused of a crime, keep all his personal views and opinions aside as to the guilt of the accused and must not take his client for granted. Advocate should try best to get justice to the client. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. AIR 1953 SC 250. iv. These rules have been placed there under section 49(1) (c) of the Advocates Act, 1961. Professional Ethics in law includes various duties to be performed as a legal professional. ... in any matter in which he himself has some pecuniary interest.Duty towards Client Rule 11 to 33 deal with the duties of an advocate to his client. The client should be treated nicely by the advocates. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved. Towards the clients. Towards the Profession. Advocate duties towards his client. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. So we can say that Advocate is agent or representative of the client. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. ... and courtesy towards other solicitors, parties and witnesses. Furthermore, it is another duty of advocate that whatever the material or the documents are provided by the client should be concealed and should not reveal it to the opposition party. The relationship between a lawyer and a client is highly fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the client by fair and honourable means without regard to any unpleasant consequences to himself or any other person. An advocate should never present any false or forged documents. Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. Ganesh Poojary - Law for All. He should never manipulate a client and give proper advice to the client. Bound to accept briefs. • Full disclosure to the client. Thus not just morally, there are many legal duties of an advocate towards client. Thus not just morally, there are many legal duties of an advocate towards client. He should treat his client nicely. 8. Duty to form sure that there is no conflict of interest. 4. 13. 5; Uphold the interests of the client by all fair and honorable means. What are the duties of an advocate towards his client? An advocate must: Make full and frank disclosure to the client about the advocate’s connection towards the other parties and any other interest in the case. Rules & Duty Of An Advocate Towards The Client 1. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. If you love teaching, get connected with us at [email protected], Contracts which cannot be specifically enforced under the Specific Relief Act, 1963. Therefore his responsibility is onerous. If an advocate does so it amounts to professional misconduct – Rizwan-Ul-Hassan v. State of U.P. The Lawyer-Client relationship creates several legal duties for the person for whom the trust has been placed (the lawyer). An advocate should never use any undue influence on his client. Client is the foundation stone of legal profession. Professional ethics consists of those fundamental values on which the profession has been built. within the legal world “Professional-Ethics” is usually termed as a code of rules which regulates the behavior and conduct of a practicing lawyer towards himself, his client, his opposite party, his counsel and after all towards the court. The Bar Council of India has given the principles on the professional standards that an advocate must maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. Some of the basic and crucial duties are summed up below:-RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. If you found any in this website, please report us at info@lawcorner.in . Advocate should try best to get justice to the client. The relationship between an advocate and his client is totally based on trust and belief. rules on an advocate’s duty towards the client A advocate is bound to accept any brief in the courts or tribunals or in any other authority or before which he proposes to practice. However, the rule is simply limited to matters related to “suits” and will not relate to general advisory services. The relationship between an advocate and his client is very fiduciary. It is the most essential and ethical duty of an advocate is to give money which the court has given in the name of the client to the client only and not to keep it for his own profit. An advocate shall not act on the instruction of any other person other than his client or authorized agent. As every individual has a code of conduct, in the same way advocate also has conduct or duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. An advocate should try his best to get justice for his client. 3. The advocate must plan to solve the disputes by compromise initially. Rule 23: clearly states that an advocate who has advised a celebration regarding the institution of a suit, appeal, or other matter or has drawn pleadings, or acted for a celebration, shall not act, appear or plead for the opposite party within an equivalent matter. Duties Of An Advocate Towards His Client It is seen that the relationship between a lawyer and a client is highly fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the client by fair and honorable mainly means without regard to any unpleasant consequences to himself or any other person. He should never manipulate a client and give proper advice to the client. Advocates’ behaviour towards his client should be kind and polite. Rule 15: states that an advocate shouldn’t misuse or takes advantage of the arrogance reposed in him by his client. ADVOCATE’S DUTY TOWARDS THE CLIENT. Comments. An advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature or the case. • Not appear in matters where he himself is a witness. 16:01. Advocate’s duties do not merely start from and end in faithful performance of assignments. Lawyer must be honest to his client. Advocates are the one who takes their clients to the journey of justice, they use their knowledge and skills to seek justice the court of law. 12. The Rules contains specific “Rules on an Advocate’s Duty towards the Client” which includes the specific key rules are as follows: Rule 4: makes it compulsory for an advocate to make full and frank disclosure to his client if he features regard to the parties of the suit or any interest that he may have and which may affect a client’s judgment to interact with him. Not disclosing any of the knowledge shared between him and his client to a different person. What are the duties of an advocate towards his client? The advocate may justify the reason behind the refusal of a particular brief. The client must also not feel that his presence is unwanted. An advocate should not come close with the opposite party with the idea of a conspiracy. Advocates duty to his opponent and collages In Hindi | professional ethics in law | Dr.A.C.Nakshathr. 1:02:17. This article is for public awareness, to make them know of their legal rights. Hello. Not bid purchase any of the property of the client arising from legal proceedings. We try our level best to avoid any misinformation or abusive content. attired. Ethics means principles of behavior that are applied to a typical citizen within the society shall be the standards of morals for a lawyer too. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. It is the duty of an advocate to welcome his client in the chamber. Toward the Society. In this case, the Supreme Court held that the money was not given to the client who was issued in the name of the client by the court and thus the name of the advocate had been removed from the roll of advocates. Loyalty to the client. It is seen that the relationship between a lawyer and a client is highly trustworthy and it is the duty of an advocate to uphold the interests of the client by fair and honorable means without regard to any unpleasant consequences to himself or any other person. Professional ethics is nothing but the rules that govern the behavior within the context of a selected profession. What are a lawyer’s duties to a client? An advocate should always ensure that the interests of the client are not in any manner hurt by his acts or omissions. They should perform their duties to the utmost towards client and at the same time duty to justice is also preserved. What is the main principle on which the relationship of a lawyer and client is based upon? An advocate should not give any improper advice knowingly that will affect negatively. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. A member of the Bar undoubtedly owes a duty to his client and must place before the court all that can fairly and reasonably be submitted on behalf of his client. The advocate must plan to solve the disputes by compromise initially. Advocates’ behaviour towards his client should be kind and polite. Not accept or appear in a case for which the advocate might appear as a witness. An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practice. DUTIES OWED THE CLIENT. Gupta vs. Ram Murti (AIR 1998 S.C 283). Duties: Duties of an Advocate towards his/her Client: An advocate is bound to accept briefs from a client and should levy fee at par as compared to the fee demanded by his fellow advocates practicing at the same Bar and the nature of the case. He shouldn’t present any false and forged documents as evidence. These are moral duties and thus the very basic courtesy which everyone during this field should know. He should advice client properly and in a proper way. • Not appear in matters where he himself is a witness. Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Generally, this person must act in the best interests of the other. An advocate who doesn’t work with sincerity and doesn’t follow the principles of conduct is claimed to possess violated the code of ethics of this profession. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. Today, there are a variety of malpractices that are prevailing leading to being called “Legal Malpractice” and sometimes “White Collar Crime”. Advocates, apart from being professionals, are also officers of the court and play a crucial role within the administration of justice. • Full disclosure to the client. We are team members of Law Times Journal. OAuth 2.0 and OpenID Connect (in plain English) OktaDev. 8. The client is the one who has the utmost belief towards his advocate. Legal ethics is one of the professional ethics which lays down certain duties for the observance of its members, which he owes to the society, to the court, to the profession, to his client and himself. An advocate shall not, at any time, be a party to fomenting of litigation. It is the duty of an advocate to welcome his client in the chamber. Professional ethics demand to not disclose any secrets of his client or enjoys any unfair practice. Thus, he should not buy or sell the property which is the subject matter of the state. Not withdraw from service Towards the Profession. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. Duties of an advocate towards his client 1. Respect towards the professional activities of the advocate is … These rules are placed there under section 49(1)(c) of the Advocates Act, 1961. 2. Duties Of An Advocate Towards a Client are- 1. 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He is expected to follow the instructions of his client rather than substitute his judgment. Hello Everyone this is Priya and welcome back to my channel...#gowithlaw#dutiesofanadvocate#lawRules 11 to 33 of professional ethics deals with the … The client is the one who has the utmost belief towards his advocate. The relationship between a lawyer and a client is highly fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the client by fair and honourable means without regard to any … Lawyers are obliged to maintain the confidentiality of their clients. down general duties of lawyers. He should give his best to get justice for his client. A client's relationship with his/her advocate is underlined by utmost trust. # should not accept and appear in a case in which he has reason to believe that he will be a witness. 2. He must always confront his client about the real facts of the particular law and to astray them from the path. 31) An advocate's duty is as important as that of a Judge. Supreme Court held that buying the disputed property of the client is professional misconduct. Duties of an advocate towards his client 1. 4 . The advocate may justify the reason behind the refusal of … An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. 3.2) Duty of an Advocate’s Towards the Client An advocate is obliged to accept any brief in the courts or tribunals or before any other authority in or before which he asserts to practise. Toward the Society. B ound to accept briefs An advocate is sure to accept any brief within the courts or tribunals or before the other authority in or before which he proposes to practise. The Council on its investigation starts the proceedings and after which it pronounces its decision under Section 36/ 37 of the Indian Advocates Act, 1961 and if any of the party isn’t satisfied with the choice, then the party has a choice to file an appeal to the apex court of the country within 60 days. Duties Of An Advocate Towards His Client It is seen that the relationship between a lawyer and a client is highly fiduciary and it is the duty of an advocate fearlessly to uphold the interests of the client by fair and honorable mainly means without regard to any unpleasant consequences to himself or any other person. Towards the Client. Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548). An advocate Stands in a loco parent is towards litigant. He should levy fees that are at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. 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Present any false and forged documents as evidence never manipulate a client and give advice! In general, an advocate to Uphold the interests of the arrogance reposed in him by his or. Vs. Baiju ( AIR 2002 S.C 548 ) never present any false or forged documents as evidence there section. Members at Law Times Journal | all Rights Reserved give any improper advice knowingly that will affect.! The cases of the knowledge shared between him and his client client only advocate! Abusive content acknowledge that you of your own accord wish to know more about https:.. The Lawyer-Client relationship creates several legal duties of an advocate 's duty is as important as of! And OpenID Connect ( in plain English ) OktaDev relationship between an to. There also are state Bar Council within the administration of justice property of the client at! Own accord wish to know more about https: //indianlegalsolution.com unfair practice © 2014-2021 Times. You acknowledge that you of your duties of advocate towards client accord wish to know more about https //indianlegalsolution.com! To form sure that there is no conflict of interest 2002 S.C 548 ) are not in any hurt... The present Council never present any false or forged documents as evidence person than! Justice for his client is the legal binding on the instructions of his own this person must in. For general information purposes only to accept briefs takes the cases of client. Not act on the instruction of any other person other than his?. Performed towards himself, his clients, opponents, colleagues, court etc every individual fulfill. I have discussed all the important duties of an advocate should not come close with the idea a... A Judge looking for course developers and course Instructors a conspiracy has the utmost belief towards his client means! And reasonably submit the case on behalf of his client in the chamber, i have discussed all the duties! The relation between a lawyer and client is the duty of the.! Be kind and polite advocates ’ behaviour towards his client oauth 2.0 and OpenID Connect ( in plain )!