According to Bar Council of India Rules as provided hereunder following are the duties of an advocate towards his client: Rule 11. Click Here to listen : Download : Duties of an Advocate. 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. 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. 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. Advocates’ behaviour towards his client should be kind and polite. Advocate duties towards his client. ADVOCATE’S DUTY TOWARDS THE CLIENT. What are the duties of an advocate towards his client? The advocate may justify the reason behind the refusal of … Muslim lawyers have duties to create a proper image of the profession in the eyes of the public. The relationship between an advocate and his client is very fiduciary. An advocate should never present any false or forged documents. 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We try our level best to avoid any misinformation or abusive content. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. An advocate should try to resolve the matter through negotiation or mediation. 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. Rule 15: states that an advocate shouldn’t misuse or takes advantage of the arrogance reposed in him by his client. The Lawyer-Client relationship creates several legal duties for the person for whom the trust has been placed (the lawyer). These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. also the justice & fairness of the society. 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. Rules & Duty Of An Advocate Towards The Client 1. The duties of an advocate and solicitor towards his … 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. So we can say that Advocate is agent or representative of the client. Thus not just morally, there are many legal duties of an advocate towards 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. Duties Of An Advocate Towards a Client are- 1. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. 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. If an advocate does so it amounts to professional misconduct – Rizwan-Ul-Hassan v. State of U.P. What is the main principle on which the relationship of a lawyer and client is based upon? It's the client for whom the advocate pleads in the court. 3. He should give his best to get justice for 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. Lawyers duty towards client Duties of Advocate to the client are: # once accepted than cannot withdraw from actions or engagements, without appropriate cause. Toward the Society. Lawyers are obliged to maintain the confidentiality of their clients. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. Advocates’ behaviour towards his client should be kind and polite. Towards the Profession. The relationship between an advocate and his client is totally based on trust and belief. Supreme Court held that buying the disputed property of the client is professional misconduct. He should advice client properly and in a proper way. An advocate shall not, at any time, be a party to fomenting of litigation. An advocate Stands in a loco parent is towards litigant. • An advocate should not give any improper advice knowingly that will affect negatively. An advocate should try his best to get justice for his client. Want to become a writer at Law Times Journal? So, it is the duty of every individual to fulfill its duties and seek justice for the clients. An advocate should not give any improper advice knowingly that will affect negatively. He should not use 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. What are a lawyer’s duties to a client? Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548). In this session, i have discussed all the important duties of an advocate to 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. He shouldn’t present any false and forged documents as evidence. Professional Ethics in law includes various duties to be performed as a legal professional. 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. 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. 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 advocate represents the client before the Court and conducts proceedings on behalf of the client. 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 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. ... Duties of Advocate to the Client | Professional Ethics. Not disclosing any of the knowledge shared between him and his client to a different person. Duty to form sure that there is no conflict of interest. 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. We are looking for course developers and course Instructors. What are the duties obliged by a lawyer towards his client? What are the duties of an advocate towards his client? 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. So now let us put some light on what are the “Duties of Advocate Towards a Client”:-. An advocate Stands in a loco parent is towards litigant. 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. Hello Everyone this is Priya and welcome back to my channel...#gowithlaw#dutiesofanadvocate#lawRules 11 to 33 of professional ethics deals with the … 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- • Bound to accept briefs. 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. 3. Respect towards the professional activities of the advocate is … There are many other “Moral-Duties” of an advocate towards the client apart from the above-mentioned duties: Thus these are duties of advocates towards his client that need to be practiced by advocates to guard the rights of the client. He should advice client properly and in a proper way. Loyalty to the client. Advocate should try best to get justice to the client. 4 . The client is the one who has the utmost belief towards his advocate. 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. Hello. 4. Full disclosure of the knowledge to the client. He should give his best to get justice for his client. 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. down general duties of lawyers. 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. 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. Now, what does the term “Professional Ethics” mean? 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. The client must also not feel that his presence is unwanted. If you love teaching, get connected with us at [email protected], Contracts which cannot be specifically enforced under the Specific Relief Act, 1963. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. 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. However, the rule is simply limited to matters related to “suits” and will not relate to general advisory services. 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 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. A client's relationship with his/her advocate is underlined by utmost trust. Professional ethics demand to not disclose any secrets of his client or enjoys any unfair practice. Not charge fee on relying on the success of the matter. 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. Advocates have a large responsibility towards the society. An advocate should never use any undue influence on his client. Good behavior with the Client: The client should be treated nicely by the advocates. An advocate should always ensure that the interests of the client are not in any manner hurt by his acts or omissions. Not withdraw from service also the justice & fairness of the society. 8. Not bid purchase any of the property of the client arising from legal proceedings. An advocate should never use any undue influence on his client. The advocate must plan to solve the disputes by compromise initially. 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 … Advocates should try their best to supply clients with fair justice. 1. P.D. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved. What are the duties of an advocate towards his client? Professional ethics consists of those fundamental values on which the profession has been built. attired. He should never manipulate a client and give proper advice to the client. 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. Towards the clients. AIR 1953 SC 250. iv. 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 … An advocate is expected to act with utmost sincerity and respect. 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. • Full disclosure to the client. DUTIES OWED THE CLIENT. • An advocate should not accept any bribe, gifts, and fees from the opposition party or should not disclose any weaknesses of his client. Give his best to get justice to the client not feel that his presence is unwanted on relying the. 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