He should not use undue influence over his client. He shouldn’t use any quite “undue influence” over his client. He should advice client properly and in a proper way. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved. Duties of an advocate towards his client 1. attired. 5; Uphold the interests of the client by all fair and honorable means. Hello Everyone this is Priya and welcome back to my channel...#gowithlaw#dutiesofanadvocate#lawRules 11 to 33 of professional ethics deals with the … What are the duties of an advocate towards his client? This article is for public awareness, to make them know of their legal rights. He must always confront his client about the real facts of the particular law and to astray them from the path. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Advocates duty towards Client 9 - 12 7. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. 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. Gupta vs. Ram Murti (AIR 1998 S.C 283). 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. 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. Now, what does the term “Professional Ethics” mean? Duties Of An Advocate Towards a Client are- 1. Towards 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. So we can say that Advocate is agent or representative of the client. An advocate shall not act on the instruction of any other person other than his client or authorized agent. down general duties of lawyers. 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. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. The relationship between an advocate and his client is very fiduciary. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. An advocate should never use any undue influence on his client. Not withdraw from service It's the client for whom the advocate pleads in the court. Towards the clients. Advocates have a large responsibility towards the society. also the justice & fairness of the society. If an advocate does so it amounts to professional misconduct – Rizwan-Ul-Hassan v. State of U.P. Click Here to listen : Download : Duties of an Advocate. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. 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. What are the duties of an advocate towards his client? 8. Respect towards the professional activities of the advocate is … Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 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. Generally, this person must act in the best interests of the other. 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. 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. He should give his best to get justice for his client. Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548). Duty to form sure that there is no conflict of interest. The rule out its nature is wide enough to mean and include that any quite involvement of an advocate during a matter will restrict him from appearing or pleading for the opposite party within an equivalent matter. P.D. Advocate is called to serve both the interests of justice and those rights and privileges that are entrusted to him/her to defend the rights of his/her client. He shouldn’t present any false and forged documents as evidence. What is the main principle on which the relationship of a lawyer and client is based upon? Towards the Client. Some common examples include: withdrawing from representing a client when the client deliberately misleads the court. An advocate shall not, at any time, be a party to fomenting of litigation. Now you might be thinking that what if the advocate fails to practice any of the duties, plan to cheat, or infringe the rights of the client? Not disclosing any of the knowledge shared between him and his client to a different person. 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. A client's relationship with his/her advocate is underlined by utmost trust. Full disclosure of the knowledge to the client. DUTIES OWED THE CLIENT. 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. ... and courtesy towards other solicitors, parties and witnesses. According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. 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. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. The advocate may justify the reason behind the refusal of … An advocate should always ensure that the interest of his client should never hurt by any act or omission of his own. However, the rule is simply limited to matters related to “suits” and will not relate to general advisory services. Also Read: The Duties of an Advocate towards his Client. Want to become a writer at Law Times Journal? Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. The client is the one who has the utmost belief towards his advocate. So, it is the duty of every individual to fulfill its duties and seek justice for the clients. Advocate should try best to get justice to the client. 2. • An advocate should not come close with the opposite party with the idea of a conspiracy. 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. Professional ethics is nothing but the rules that govern the behavior within the context of a selected profession. These rules have been placed there under section 49(1) (c) of the Advocates Act, 1961. In this session, i have discussed all the important duties of an advocate to the client. So we can say that Advocate is agent or representative of the client. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. Rule 15: states that an advocate shouldn’t misuse or takes advantage of the arrogance reposed in him by his client. 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. 2. 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. 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. 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. Professional Ethics in law includes various duties to be performed as a legal professional. 12. Bound to accept briefs 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 practise. • Not appear in matters where he himself is a witness. An advocate should always ensure that the interests of the client are not in any manner hurt by his acts or omissions. As some laws vary from state to state hence there also are State Bar Council within the complaint against an Advocate are often filed. What are a lawyer’s duties to a client? the basic aim of legal ethics is to require care of honour and dignity of the bar to form sure the spirit of friendly co-operation, honourable and fair dealing of the counsel alongside his clients also on secure the responsibilities of the lawyers towards the society. There are many other “Moral-Duties” of an advocate towards the client apart from the above-mentioned duties: He shouldn’t use any quite “undue influence” over his client. • An advocate should not accept any bribe, gifts, and fees from the opposition party or should not disclose any weaknesses of his client. He should give his best to get justice for his client. Eg.- Bar Council of Delhi takes the cases of the Advocates which are registered to the present council. Rule 5: entrusts a general duty on an advocate to uphold the interests of his client by all fair and honourable means. Not withdraw from service 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. An advocate is expected to act with utmost sincerity and respect. He shouldn’t present any false and forged documents as evidence. 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. The advocate represents the client before the Court and conducts proceedings on behalf of the client. Advocate duties towards his client. The duties of an advocate and solicitor towards his … 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. Client is the foundation stone of legal profession. Rules & Duty Of An Advocate Towards The Client 1. # should not accept and appear in a case in which he has reason to believe that he will be a witness. We try our level best to avoid any misinformation or abusive content. Towards the clients. Not accept or appear in a case for which the advocate might appear as a witness. The relation between a lawyer and a client is based upon the trust and faith which comes hand in hand. What are the duties of an advocate towards his client? Advocates’ behaviour towards his client should be kind and polite. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. Note - The information contained in this post is for general information purposes only. These rules are placed there under section 49(1)(c) of the Advocates Act, 1961. 4. 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. Good behavior with the Client: The client should be treated nicely by the 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. Not charge fee on relying on the success of the matter. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. 1. 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. The practicing lawyer shall have the social responsibility and dignity of the bar and a high standard of integrity and efficient service to his client also as for public welfare. 13. Duties of an Advocate towards a client 1) An advocate should accept any brief in the courts or tribunals or before any other authority in or before which he professes to practice at a fee consistent with his standing at the Bar and the nature of the case special circumstances may justify his refusal to accept a … Lawyers are obliged to maintain the confidentiality of their clients. • Full disclosure to the client. If you love teaching, get connected with us at [email protected], Contracts which cannot be specifically enforced under the Specific Relief Act, 1963. 31) An advocate's duty is as important as that of a Judge. Duty of care to client. 16:01. 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/. The advocate may justify the reason behind the refusal of a particular brief. In preserving the duties it is also important for them to have a good knowledge of the Thus not just morally, there are many legal duties of an advocate towards 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. Lawyer must be honest to his client. Advocates, apart from being professionals, are also officers of the court and play a crucial role within the administration of justice. 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. In this professional world, every professional needs to follow the “Professional Ethics” to maintain the harmony and standards of the profession. He should never manipulate a client and give proper advice to the client. 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. It's the client for whom the advocate pleads in the court. These are moral duties and thus the very basic courtesy which everyone during this field should know. An advocate Stands in a loco parent is towards litigant. An advocate should not accept any bribe, gifts, and fees from the opposition party or should not disclose any weaknesses of his client. He should treat his client nicely. Lawyers duty towards client Duties of Advocate to the client are: # once accepted than cannot withdraw from actions or engagements, without appropriate cause. • An advocate should not give any improper advice knowingly that will affect negatively. Advocate’s duties do not merely start from and end in faithful performance of assignments. Advocate should try best to get justice to the client. 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