He is expected to follow the instructions of his client rather than substitute his judgment. attired. ... Duties of Advocate to the Client | Professional Ethics. # should not accept and appear in a case in which he has reason to believe that he will be a witness. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT- • Bound to accept briefs. Towards the Profession. 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. 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. • Full disclosure to the client. An advocate should always ensure that the interest of his client should never hurt by any act or omission of his own. The relationship between an advocate and his client is very fiduciary. An advocate should not come close with the opposite party with the idea of a conspiracy. He shouldn’t present any false and forged documents as evidence. So now let us put some light on what are the “Duties of Advocate Towards a Client”:-. 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. 2. Thus, he should not buy or sell the property which is the subject matter of the state. Advocates have a large responsibility towards the society. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. An advocate should never use any undue influence on his client. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 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. Client is the foundation stone of legal profession. Duties of an advocate towards his client 1. Rule 15: states that an advocate shouldn’t misuse or takes advantage of the arrogance reposed in him by his client. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. They should perform their duties to the utmost towards client and at the same time duty to justice is also preserved. 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. 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. Comments. Not disclosing any of the knowledge shared between him and his client to a different person. 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. Advocates’ behaviour towards his client should be kind and polite. Advocates should try their best to supply clients with fair justice. 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. If an advocate does so it amounts to professional misconduct – Rizwan-Ul-Hassan v. State of U.P. 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. 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. 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. 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. 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. ... and courtesy towards other solicitors, parties and witnesses. Rules & Duty Of An Advocate Towards The Client 1. Thus not just morally, there are many legal duties of an advocate towards client. Refuse to act in an illegal manner towards the opposition: The rule requires the advocate to use his best effort to restrain and prevent his client from resorting to sharp or unfair practice opposite A client's relationship with his/her advocate is underlined by utmost trust. An advocate should not charge any unreasonable or arbitrary fees to his client; he should charge reasonable fees to the client. Want to become a writer at Law Times Journal? • An advocate should not accept any bribe, gifts, and fees from the opposition party or should not disclose any weaknesses of his client. 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. Not accept or appear in a case for which the advocate might appear as a witness. So, it is the duty of every individual to fulfill its duties and seek justice for the clients. He should advice client properly and in a proper way. Professional ethics demand to not disclose any secrets of his client or enjoys any unfair practice. 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. He should advice client properly and in a proper way. 2. Lawyer must be honest to his client. The relation between a lawyer and a client is based upon the trust and faith which comes hand in hand. Advocates, apart from being professionals, are also officers of the court and play a crucial role within the administration of justice. 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. An advocate shall not, at any time, be a party to fomenting of litigation. What are a lawyer’s duties to a client? He should give his best to get justice for his client. down general duties of lawyers. 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. Advocates duty to his opponent and collages In Hindi | professional ethics in law | Dr.A.C.Nakshathr. 12. Rule 5: entrusts a general duty on an advocate to uphold the interests of his client by all fair and honourable means. These are moral duties and thus the very basic courtesy which everyone during this field should know. An advocate is expected to act with utmost sincerity and respect. 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. However, the rule is simply limited to matters related to “suits” and will not relate to general advisory services. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. 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. Some common examples include: withdrawing from representing a client when the client deliberately misleads the court. So we can say that Advocate is agent or representative of the client. • Not appear in matters where he himself is a witness. Supreme Court held that buying the disputed property of the client is professional misconduct. Towards the clients. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. 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. Towards the Client. Advocates’ behaviour towards his client should be kind and polite. The relationship between an advocate and his client is totally based on trust and belief. Eg.- Bar Council of Delhi takes the cases of the Advocates which are registered to the present council. 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. also the justice & fairness of the society. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. Also Read: The Duties of an Advocate towards his Client. Gupta vs. Ram Murti (AIR 1998 S.C 283). He should treat his client nicely. 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? 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. mp3 format (6.5 min/mp3) I) Duty towards public - An advocate is a privileged member of the community and a gentleman beside being a citizen. Ganesh Poojary - Law for All. 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. 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. 5; Uphold the interests of the client by all fair and honorable means. 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 … The advocate must plan to solve the disputes by compromise initially. 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. Towards the Profession. Towards the 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. Lawyers are obliged to maintain the confidentiality of their clients. We are team members of Law Times Journal. 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. It is the duty of an advocate to welcome his client in the chamber. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. 8. 1. • Not appear in matters where he himself is a witness. Duties Of An Advocate Towards a Client are- 1. It is the legal binding on the advocate that he cannot do any transaction over the disputed property. It's the client for whom the advocate pleads in the court. Professional Ethics in law includes various duties to be performed as a legal professional. It's the client for whom the advocate pleads in the court. 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. An advocate Stands in a loco parent is towards litigant. Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548). Toward the Society. Good behavior with the Client: The client should be treated nicely by the advocates. Full disclosure of the knowledge to the client. Towards the clients. In this session, i have discussed all the important duties of an advocate to the client. ... 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. He should never manipulate a client and give proper advice to the client. An advocate should try his best to get justice for his client. 16:01. • Full disclosure to the client. Muslim lawyers have duties to create a proper image of the profession in the eyes of the public. 31) An advocate's duty is as important as that of a Judge. Not bid purchase any of the property of the client arising from legal proceedings. 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. DUTIES OWED THE CLIENT. Rules & Duty Of An Advocate Towards The Client 1. This article is for public awareness, to make them know of their legal rights. Advocate duties towards his client. 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. Not charge fee on relying on the success of the matter. Advocate should try best to get justice to the client. Therefore his responsibility is onerous. 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. The Lawyer-Client relationship creates several legal duties for the person for whom the trust has been placed (the lawyer). Note - The information contained in this post is for general information purposes only. As some laws vary from state to state hence there also are State Bar Council within the complaint against an Advocate are often filed. The relationship between an advocate and his client is totally based on trust and belief. What are the duties of an advocate towards his client? Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. 4. Advocate should try best to get justice to the client. Now, what does the term “Professional Ethics” mean? ADVOCATE’S DUTY TOWARDS THE CLIENT. The client must also not feel that his presence is unwanted. Respect towards the professional activities of the advocate is … Today, there are a variety of malpractices that are prevailing leading to being called “Legal Malpractice” and sometimes “White Collar Crime”. The relationship between an advocate and his client is very fiduciary. We try our level best to avoid any misinformation or abusive content. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved. 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. 13. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com.

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