There are many other duties of an advocate towards client apart from the above-mentioned duties. He should not use undue influence over his client. Duties of an advocate towards his client 1. It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the particular case and what are the remedies. The Master of the Rolls made the same point when describing the duty of an advocate towards his client in Rondel v Worsley: 10 ‘[A barrister] has … It is the duties of an advocate that, the money that the court gives in the name of the client must be provided to the client and under no conditions should be kept by the advocate. An advocate should on all occasions show respect towards the court. We try our level best to avoid any misinformation or abusive content. law with nadeem haidar. It's the client for whom the advocate pleads in the court. The relation is in the nature of agent and principal. Advocates should try their best to supply clients with fair justice. Note - The information contained in this post is for general information purposes only. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, that means he should tack reasonable fees from his client. A) Duty towards the client- 1) An advocate shall fearlessly uphold the interests of his client by All fair and honorable means without regard any unpleasant consequences to himself or any other. It is the legal binding on the advocate that he cannot do any transaction with the disputed property. Sources of relations between counsel and client: In India, the counsel’s relations with his client are primarily a matter of contract. An Advocate should not give any such advice knowingly that could effect negatively. He should not use undue influence over his client. Click Here to submit your article. The client should be treated nicely by the advocates. He should not hurt the interest of his client by any of his acts or omission in any manner. If you found any in this website, please report us at [email protected]. There are many other duties of an advocate towards client apart from the above-mentioned duties. Duties of an Advocate Duties towards the client To accept a brief where the client is able to pay the fee and no conflict of interest or other reasonable justification exists To not accept brief where there is a conflict of interest with the client unless a frank disclosure has … Only advocates (and no other category of lawyers) are allowed to practice in courts and plead on behalf of others, once they obtain the required license. 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. A client's relationship with his/her advocate is underlined by utmost trust. Thus these are duties of advocates towards his client that must be practiced by advocates to protects the rights of client. The Advocates Act, 1961 has created a single category of legal practitioners, i.e. The duties of an advocate and solicitor towards his client … He shouldn’t present false and forged documents. It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, that means he should tack reasonable fees from his client. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means. Client is the foundation stone of legal profession. An advocate is expected to act with utmost sincerity and respect. Duties of Advocates toward their Clients | Every Lawyer should watch this video | Lex Rex Series - Duration: 3:16. Rules on an Advocate's duty towards the court. Thus these are duties of advocates towards his client that must be practiced by advocates to protects the rights of client. It is the legal binding on the advocate that he cannot do any transaction with the disputed property. He should advice client properly and in a proper way. Duties of an Advocate towards his Client in India Advocate has fiduciary relationship with his client. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. The advocate may justify the reason behind the refusal of a … Duties of an Advocate towards a client are as follows -. 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 particular brief. This is the duty of advocate that he should not do collusion that is advocate should not do conspiracy with the opposite side. He shall defend an individual accused of a criminal offense no matter his personal opinion on the guilt of the accused. 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. It is the duty of the advocate to cooperate with the bench in … He should advice client properly and in a proper way. How to File a Case Without a Lawyer in India? Rules & Duty Of An Advocate Towards The Court Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Advocate should try best to get justice to the client. advocates. An Advocate should not accept gifts, fees from 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. 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. An Advocate should not accept gifts, fees from opposition party. The client should be treated nicely by the advocates. An advocate Stands in a loco parent is towards litigant. He has to serve the interest of his client by protecting him in the litigation to the best of this capacity and ability in the court of law. Professional Ethics is a subject which has to be followed by everyone irrespective of their profession and it is not just limited to legal profession. In case of P.D Gupta Versus Ram Murti (AIR 1998 S.C 283) Supreme Court held that buying the disputed property of client is professional misconduct. Advocate should try to solve the disputes by compromise. He is not only an agent for his client rather something more than that. Case Study: In Harish Chandra Tiwari Versus Baiju (AIR 2002 S.C 548) In this case Supreme Court decided that the advocate did not paid the amount to the client, which was taken from the court and thus the name of the advocate was removed from the roll of advocates. 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. Note – The information contained in this post is for general information purposes only. We try our level best to avoid any misinformation or abusive content. Subscribe to our newsletter and get all updates to your email inbox! It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. An advocate shall not act or plead in any matter in which he has some kind of pecuniary interest. Thus these are duties of advocates towards his client that need to be practiced by advocates to guard the rights of the client. An Advocate should not meet with opposition parties with aim of doing conspiracy. Interested to publish an article at Law Corner? An Advocate should not give any such advice knowingly that could effect negatively. It is another duties of an advocate, that whatever talks and other documents are provided by the client to the advocate, the advocate should not show/provide those to the opposition party to create a conspiracy. Interested to publish an article at Law Corner? An advocate shall do so without reference to any unpleasant consequences to himself or the other. Thus he should not buy/sell the property, which is involved in a case. It is the duties of an advocate that, the money that the court gives in the name of the client must be provided to the client and under no conditions should be kept by the advocate. duties of an advocate towards his client | professional ethics | nadeem haidar . How Long A Memorandum of Understanding (MOU) is Valid? Advocates have a large responsibility towards the society. (adsbygoogle = window.adsbygoogle || []).push({}); Law in 60 is a first of it’s kind effort to provide legal news, updates and happenings from in and around India but without the long drawn stories. Notify me of follow-up comments by email. There are many clients legal rights using which client can get justice from court against the unjust done by their advocate. The relationship between an Advocate and a client is highly fiduciary, and it is the duty of an advocate fearlessly to uphold the interests of the client, and give him justice, established a good relationship with the client with an object the client can easily share any matter with an advocate. What are the duties of an advocate towards his client? He shouldn’t present false and forged documents. 1. Consequences of Not Including Any Property in Partition Suit. But Advocate has some duties towards the opponent Parties. 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