Not stand as surety for client. The duties of an advocate and solicitor towards his client amongst others include: 1. Bound to accept briefs. RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. Not communicate in private (with spouses) 4. 3. By using our site, you agree to our collection of information through the use of cookies. 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. The advocate may justify the reason behind the refusal of a particular brief. Exception- Right to lien. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. m������X�swf]A6�������WղY|��Y�[q]�->����G�]W�:#���o�M�>. Advocate's Duty Towards Client RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Full and frank disclosure to client. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 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. 0 ��AS)�R`RRc���>\^^T����~��. A Lawyer’s Duty Towards The Court – 1. 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. An advocate is expected to act with utmost sincerity and respect. • Full disclosure to the client. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. Section 2930,33: Advocates to be only recognized class of persons entitled - to practice, Right of Advocates to Practise (e) Conduct of Advocates and Disciplinary Proceedings : Section 3536,37- -38 : Punishment of Advocates for misconduct, Disciplinary Powers of Bar Council of India, Appeal to Bar Council of India, Appeal to the Supreme Court In order to compel the client to pay legal fees so … 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 be a party to stir up or instigate litigation. 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 . Refuse to appear in front of relations • 8. It is not just his moral duty but legal duty as well.Case Study: In Shri Mathi Versus Union of India (1997 R.L.T) Madras High Court decided that it is legal duty of Advocate … Not stand as surety for client. An advocate shall excise his own judgment in such matters. %PDF-1.5 %���� 2. 3.2) Duty of an Advocate’s Towards the Client. Sorry, preview is currently unavailable. Advocate duties towards his client. Chapter V of the Advocate Act, 1961, deals with the Conduct of Advocates. An Advocate shall not influence the decision of a Court by an illegal or improper means. Duty of care to client. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. 2.3.3 An advocate shall maintain the secrecy of all the information that he becomes aware of during one’s professional activity. Appear in proper dress code • 7. He shouldn’t present any false and forged documents as evidence. He must always act in the best interests of his clients and should not do any kind of act that betrays their trust upon him. 698 0 obj <> endobj RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. 721 0 obj <>stream RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. In a case in where he himself is a witness then he should not accept a brief or appear. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. Toward the Society. Watch Queue Queue. Act in a dignified manner (before a clearly corrupt judge) 2. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. Duties of an Advocate . Other duties Conclusion. Academia.edu no longer supports Internet Explorer. • Not suppress material or evidence. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. He shall be dignified in use of his language in correspondence and during arguments in court. • Uphold interest of the client. 711 0 obj <>/Filter/FlateDecode/ID[<6E141D811BFFA84EA788CC2E5A7B16FA><2F6D3EDA2C066741BD165CCE7CC2B832>]/Index[698 24]/Info 697 0 R/Length 74/Prev 123669/Root 699 0 R/Size 722/Type/XRef/W[1 2 1]>>stream 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 a monopoly of audience in the higher courts. Respect the court (because that’s your livelihood) 3. An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the purpose of any legal proceedings. Posts about Rules On An Advocate’s Duty Towards The Client written by 4. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. Refuse to represent clients who insist on unfair means • 6. 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