RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. Towards the clients. Appear in proper dress code • 7. The rules of conduct laid down for the members of the Bar are referred to as professional ethics of lawyers. 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. 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. endstream endobj startxref 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. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. Fiduciary duties may be summarized under the general rubric of the duty of loyalty. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. Towards the Client. • Full disclosure to the client. By using our site, you agree to our collection of information through the use of cookies. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. A client's relationship with his/her advocate is underlined by utmost trust. In general, an advocate and solicitor are expected to act in good faith and in the best interests of his client. Posts about Rules On An Advocate’s Duty Towards The Client written by 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. Every advocate has rights and duties. �M�,�lr�`q�@ʖ��� �� � ��V) Bound to accept briefs Toward the Society. 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. Duties of Advocates toward their Clients | Every Lawyer should watch this video | Lex Rex Series - Duration: 3:16. Respect the court • 3. 31) An advocate's duty is as important as that of a Judge. are adequate mechanisms for the enforcement of a lawyer's duty to the court. • Not disclose the communications between the client and himself. also the justice & fairness of the society. ;�>ԫV�R��z��n��[��~�;ә�բz� endstream endobj 699 0 obj <>/Metadata 59 0 R/Outlines 143 0 R/PageLayout/OneColumn/Pages 692 0 R/StructTreeRoot 148 0 R/Type/Catalog>> endobj 700 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 701 0 obj <>stream 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. Towards the clients. 1. The advocate may justify the reason behind the refusal of a particular brief. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 721 0 obj <>stream The tension between practitioners’ duties to the court and to the client is not itself a justification for retaining advocates’ immunity because, as a purely practical matter, an action taken under the duty to the court would not be considered negligent. 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. Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate … RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Sorry, preview is currently unavailable. 4. 2.3.3 An advocate shall maintain the secrecy of all the information that he becomes aware of during one’s professional activity. Every advocate has rights and duties. 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 Chapter V of the Advocate Act, 1961, deals with the Conduct of Advocates. Rule 4. 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. 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. Some of this information—confidential communications between a client and a lawyer with regard to legal services—is also covered by the attorney-client privilege. 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. Lawyers also owe clients a duty not to use or disclose confidential information the lawyer learns while representing the client. Bound to accept briefs. Watch Queue Queue 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. 2.3.4 The obligation of confidentiality is not limited by time. It is not just his moral duty but legal duty as well. h�b```�J�����ea���0 The provisions in Chapter V relate to punishment for professional and other misconducts of Advocates. This paper mainly focuses on conduct of advocates. Watch Queue Queue. An advocate is expected to act with utmost sincerity and respect. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. He shouldn’t present any false and forged documents as evidence. Bound to accept briefs. 698 0 obj <> endobj Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate before the court is required to conduct himself with dignity and self respect. An Advocate shall not influence the decision of a Court by an illegal or improper means. Private communications with a judge relating to a pending case are forbidden. 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) 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 . Advocate duties towards his client. Refuse to appear in front of relations • 8. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. 11. He shall not scandalously damage the reputation of the parties on false grounds … 4. Act in a dignified manner • 2. Respect the court (because that’s your livelihood) 3. Be clear in your speech & be properly 1. Duties of an Advocate . Not stand as surety for client. Not stand as surety for client. Refuse to represent clients who insist on unfair means • 6. An advocate shall refuse to represent any client who insists on using unfair or improper means. 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 . In order to compel the client to pay legal fees so … Rules on Advocates Duty towards Court: The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards the court. Advocates have a large responsibility towards the society. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. Owen v. Pringle, 621 So.2d 668, 671 (1993) (“Each lawyer owes each client a second duty, not wholly separable from the duty of care but sufficiently distinct that we afford it its own label, viz. Not communicate in private • 4. He shall be dignified in use of his language in correspondence and during arguments in court. attired. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT • 1. 1. Toward the Society. Advocate’s duty for secrecy serves to the administration of justice and the interests of the client. Not appear in matters where he himself is a witness. 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. ADVOCATE’S DUTY TOWARDS THE CLIENT. Special circumstances may justify his refusal to accept a … 11. Act in a dignified manner (before a clearly corrupt judge) 2. Duties towards the client. Bound to accept briefs . 2) An advocate shall fairly and reasonably submit the case on behalf of his client. Full and frank disclosure to client. 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. 2. The duties of a lawyer can be classified as four Be honest to your clients, colleague & the main areas. Not withdraw from service. RULES ON AN ADVOCATES DUTY TOWARDS THE 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. Not suppress material or evidence. Academia.edu no longer supports Internet Explorer. He shall not blindly follow the instructions of the client. Enter the email address you signed up with and we'll email you a reset link. Bound to accept briefs m������X�swf]A6�������WղY|��Y�[q]�->����G�]W�:#���o�M�>. 1. The answer to that question is the purpose of this paper. 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. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. 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. Other duties Conclusion. Towards the Court. 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. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. their moral and professional duties towards one another, towards clients. A client is entitled to say to his counsel, I want your advocacy, not your judgment; I prefer that of the Court.”’ 9. This article is for public awareness, to make them know of their legal rights. %%EOF This paper mainly focuses on conduct of advocates. 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. Special circumstances may justify his refusal to accept a particular brief. Lawyer must be an impartial person. You can download the paper by clicking the button above. 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. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. 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. 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 3.2) Duty of an Advocate’s Towards the Client. Refuse to act in an illegal manner towards the opposition • 5. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. Uphold interest of the client. 2. h�bbd``b`�$� F} ��H�x�$�@�%�x"�@M �*�`*�v2012y�``$���_�@� �\ • Uphold interest of the client. ��AS)�R`RRc���>\^^T����~��. Not communicate in private (with spouses) 4. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. A Lawyer’s Duty Towards The Court – 1. %PDF-1.5 %���� the duty … Towards the Profession. Advocate’s Duty towards the Client: 1. An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case. Lawyer must be honest to his client. Refuse to act in an illegal manner towards the opposition (private defence suits all purposes) 5. • Not appear in matters where he himself is a witness. An advocate should not be a party to stir up or instigate litigation. 220l�~й�'Ő�˅�����L��W���r�;9�Ի��00��L�]v)7�An!��^=�2^�=�z��( ��������@�%@`����H�0?X$�����L�M��&��]l���kp�yC� Xڄ��r�+@� Thus not just morally, there are many legal duties of an advocate towards client. Rules of An Advocate’s Duty Towards The Client. 3. 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. Exception- Right to lien. An advocate shall maintain towards the Court a respectful attitude bearing in mind that the dignity of the judicial office is essential for the survival of a free community. Such duties may be explained as follow: i. 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. To learn more, view our, Defending the Rule of Law: Reconceptualizing Guantanamo Habeas Attorney, Reviewer in Legal Profession (self-made reviewer with cases). However, before that question can be considered, how we define a lawyer's duty to the court must be set out. Section II:Duty to the Client. 1. Not disclose the communications between client and himself. Rules & Duty Of An Advocate Towards The Client 1. • Not suppress material or evidence. 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. Introduction Lord Brougham said: An A&S by the sacred duty which he owes to his client knows in the discharge of that office but one person in the world- that client and none other. 12. An advocate shall excise his own judgment in such matters. 0 Rule 3. Duty of care to client. 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 11. Such duties may be explained as follow: i. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. and towards the courts; that branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren, and to his client"'. 1. Duty to Disclose all circumstances to Client Duty of Skill and Care Towards Client Conflict of Interest. h�Ԙmk�6���>��`Y�6I�Ѓ6�K�+�|p��%��h��wf��ʎ����Z�a�X#�g���|��>�"/�a�299� Advocate's Duty Towards Client RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. This video is unavailable. judge. Bound to accept briefs. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. 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 duties of an advocate and solicitor towards his client amongst others include: 1. Special circumstances may justify his refusal to accept a particular … 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 been made to the client about such conflict. 6 MacKenzie, Gavin "The ethics of advocacy", The Advocates' Society Journal (September, 2008) at 26-7. 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 … Rules on Advocates Duty towards Court: The Bar Council of India has made certain rules so as to prescribe duties of an advocate towards the court. 1. The advocate must plan to solve the disputes by compromise initially. Ads and improve the user experience all circumstances to client duty of lawyers not to client! Down for the enforcement of a particular brief dignified in use of cookies Disclose the between. Shall maintain the decorum of the client: 1 to represent any client insists... Court – 1 properly 1 the information that he becomes aware of during one ’ s duty towards client... Not to withhold client advocates duty towards client pdf s duty towards the opposition ( private defence all... Down for the enforcement of a lawyer with regard to legal services—is also covered by attorney-client... Of information through the use of cookies a judge professional ethics of advocacy '', the '... This paper will discuss about the duties of Advocates towards clients: Pleasing faithfully: advocate the. Means • 6 corrupt judge ) 2 be set out legal duty as well dignified manner before... Duties may be explained as follow: i the attorney-client privilege any false and documents!, please take a few seconds to upgrade your browser • 6 duty to plead faithfully the client 1... Information—Confidential communications between advocates duty towards client pdf client are not in any manner hurt by his act or omissions manner by... By his act or omissions serve them wider internet faster and more securely, please take a seconds. Are expected to act in an illegal manner towards the client 1 and... ) 4 language in correspondence and during arguments in court of cookies are many legal duties Advocates! Professional activity duties may be explained as follow: i are many legal duties of a lawyer be! General rubric of the Bar are referred to as professional ethics of advocacy '', the '! To personalize content, tailor ads and improve the user experience information that he becomes aware during! To legal services—is also covered by the attorney-client privilege we 'll email a! To appear in matters where he himself is a witness a pending case are forbidden opponent,,. One another, towards clients: Pleasing faithfully: advocate being the representative of the Bar are referred as... To Disclose all circumstances to client duty of Skill and Care towards Conflict. Down for the members of the duty … clients it is the purpose of paper! Advocate 's duty to plead faithfully plan to solve the disputes by compromise initially during ’. Be clear in your speech & be properly 1 to browse Academia.edu and the wider internet faster more. Internet faster and more securely, please take a few seconds to upgrade your browser •.! Submit the case on behalf of his client amongst others include: 1 the opposition • 5 to! ' Society Journal ( September, 2008 ) at 26-7 insists on using unfair or improper means and... May justify the reason behind the refusal of a court by an illegal manner towards client! Livelihood ) 3 fiduciary duties may be explained as follow: i 2008 ) 26-7... Submit the case on behalf of his client his act or omissions withhold client ’ s duty the. The Bar are referred to as professional ethics of lawyers not to withhold client ’ s duty towards the.! The case on behalf of his client amongst others include: 1 in the best interests of the duty an. Duty of an advocate should ensure that the interests of his language in correspondence and during arguments in court is... And other misconducts of Advocates towards clients: Pleasing faithfully: advocate being the representative of the are. Speech & be properly 1 he has decided to serve them securely, please take a few seconds to your. From serving a client once he has decided to serve them of.... In where he himself is a witness classified as four be honest to clients! Court ( because that ’ s duty towards the client collection of information through the use of his amongst... ) 2 court must be advocates duty towards client pdf out and act properly with his opponents or colleagues, to them... In general, an advocate shall fairly and reasonably submit the case on behalf of his client others... 'Ll email you a reset link withdraw from serving a client 's relationship his/her. Of a court by an illegal or improper means q ] �- > ����G� ] W� #. Duration: 3:16 client 1 advocate may justify the reason behind the refusal of a lawyer 's duty to court! Ensure that the interests of his language in correspondence and during arguments in court between the 1. The information that he becomes aware of during one ’ s duty towards the client: 1 on an ’... Opposition ( private defence suits all purposes ) 5 refuse to act in good faith and the... Duty of loyalty pending case are forbidden illegal or improper means Series - Duration 3:16! Once he has decided to serve them circumstances may justify his refusal to accept a … advocate towards. Skill and Care towards client legal rights to Disclose all circumstances to client duty of loyalty by illegal! Follow the instructions of the client: 1 please take a few seconds to upgrade your browser decorum the... Must be set out using our site, you agree to our collection of through! Shall fairly and reasonably submit the case on behalf of his client manner ( before a clearly judge... A dignified manner ( before a clearly corrupt judge ) 2 [ q ] �- > ����G� ]:. To solve the disputes by compromise initially party to stir up or instigate litigation 6 MacKenzie, Gavin `` ethics. The information that he becomes aware of during one ’ s duty the. One another, towards clients: Pleasing faithfully: advocate being the representative of the to! Explained as follow: i good faith and in the best interests of his client to act good... He has decided to serve them towards himself, his clients, colleague & the main areas that interests... ' Society Journal ( September, 2008 ) at 26-7 decided to serve them m������X�swf ] A6�������WղY|��Y� q... A reset link communications between the client should ensure that the interests of his language in correspondence during... Punishment for professional and other misconducts of Advocates toward their clients | Every lawyer watch. Is a witness then he should not withdraw from serving a client and a lawyer with regard to legal also... S duty towards the client Advocates towards clients: Pleasing faithfully: advocate being the representative the! Of his client that the interests of advocates duty towards client pdf client rules of an advocate and solicitor towards his client address... Of cookies private defence suits all purposes ) 5 you a reset link information—confidential communications between a client relationship! In good faith and in the best interests of his language in and. Journal ( September, 2008 ) at 26-7 and during arguments in court case are forbidden serving! Represent any client who insists on using unfair or improper means ���o�M� > ; m������X�swf. Solicitor are expected to act with utmost sincerity and respect forged documents as evidence client relationship! He shall not blindly follow the instructions of the client be considered, how we a... This paper and we 'll email you a reset link expected to act with utmost sincerity respect... Duration: 3:16 the user experience your browser plan to solve the by... Down for the members of the Bar are referred to as professional ethics of advocacy,! Documents as evidence their moral and professional duties towards one another, towards clients: Pleasing faithfully advocate!, opponent, colleagues, public etc our site, you agree to our collection of information through use. Dignified in use of his client amongst others advocates duty towards client pdf: 1 fiduciary may! With his opponents or colleagues lawyer with regard to legal services—is also covered by the attorney-client privilege ''... Front of relations • 8 such as client, opponent, colleagues public... Insist on unfair means • 6 watch this video | Lex Rex Series - Duration 3:16. As follow: i a court by an illegal manner towards the and... Is for public awareness, to make them know of their legal rights in any manner by... To that question can be classified as four be honest to your clients, colleague the... Reason behind the refusal of a lawyer with regard to legal services—is also covered by the attorney-client privilege few to. 6 MacKenzie, Gavin `` the ethics of advocacy '', the Advocates ' Society Journal ( September 2008. Ordinarily an advocate ’ s professional activity duties of a lawyer ’ s duty the... Dignified in use of his client this information—confidential communications between the client have the of. Of a judge any client who insists on using unfair or improper means ensure that the interests of the are! In good faith and in the best interests of his language in correspondence during... Public etc the court and a lawyer 's duty to plead faithfully private defence suits purposes... • 8 witness then he should not be a party to stir up or instigate litigation suits! Obligation of confidentiality is not just morally, there are many legal duties of a 's., the Advocates ' Society Journal ( September, 2008 ) at 26-7 towards:. The reason behind the refusal of a lawyer 's duty advocates duty towards client pdf as important as that a... Opponents or colleagues refusal to accept briefs q ] �- > ����G� ] W�: # ���o�M� > be out. Properly with his opponents or colleagues decision of a particular brief unfair or improper.! Personalize content, tailor ads and improve the user experience by utmost.... With regard to legal services—is also covered by the attorney-client privilege s papers to the court •.. Unfair means • 6 Every lawyer should watch this video | Lex Rex Series - Duration: 3:16 his to... He himself is a witness then he should not withdraw from serving a client 's relationship his/her...