BLOG- Duties of an Advocate towards a Client

Advocates, additionally to being professionals, also are officers of the courts and play an important role within the administration of justice. 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. Here in this article we will discuss the various duties of an advocate towards a client.

Duties Of An Advocate Towards a Client are-

1. Bound 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. He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar and therefore the nature of the case. Special circumstances may justify his refusal to simply accept a specific brief.

2. Not withdraw from service

An advocate shouldn’t ordinarily withdraw from serving a client once he has agreed to serve them. He can withdraw as long as he features a sufficient cause and by giving reasonable and sufficient notice to the client. Upon withdrawal, he shall refund such a part of the fee that has not accrued to the client.

3. Not appear in matters where he himself may be a witness

An advocate shouldn’t accept a quick or appear during a case during which he himself may be a witness. If he features a reason to believe that in due course of events he are going to be a witness, then he shouldn’t still appear for the client. He should retire from the case without jeopardising his client’s interests.

4. Full and frank disclosure to client

An advocate should, at the commencement of his engagement and through the continuance thereof, make all such full and frank disclosure to his client concerning his reference to the parties and any interest in or about the controversy as are likely to affect his client’s judgement in either engaging him or continuing the engagement.

5. Uphold interest of the client

It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means. An advocate shall do so without reference to any unpleasant consequences to himself or the other . He shall defend an individual accused of a criminal offense no matter his personal opinion on the guilt of the accused. An advocate should remember that his loyalty is to the law, which needs that no man should be punished without adequate evidence.

6. Not suppress material or evidence

An advocate appearing for the prosecution of a criminal trial should conduct the proceedings during a manner that it doesn’t cause conviction of the innocent. An advocate shall by no means suppress any material or evidence, which shall prove the innocence of the accused.

7. Not disclose the communications between client and himself

An advocate shouldn’t by any means, directly or indirectly, disclose the communications made by his client to him. He also shall not disclose the recommendation given by him within the proceedings. However, he’s susceptible to disclose if it violates Section 126 of the Indian Evidence Act, 1872.

8. An advocate shouldn’t act on the instructions of a person aside from his client or the client’s authorized agent.

9. Not charge counting on success of matters

An advocate shouldn’t charge for his services counting on the success of the matter undertaken. He also shall not charge for his services as a percentage of the quantity or property received after the success of the matter.

10. Not receive interest in actionable claim

An advocate shouldn’t trade or comply with receive any share or interest in any actionable claim. Nothing during this rule shall apply to stock, shares and debentures of state securities, or to any instruments, which are, for the nonce , by law or custom, negotiable or to any mercantile document of title to goods.

11. Not adjust fees against personal liability

An advocate shouldn’t adjust fee payable to him by his client against his own personal liability to the client, which doesn’t arise within the course of his employment as an advocate.

12. Not lend money to his client

An advocate shall not lend money to his client for the aim of any action or legal proceedings during which he’s engaged by such client. An advocate can’t be held guilty for a breach of this rule, if within the course of a pending suit or proceeding, and with none arrangement with the client in respect of an equivalent , the advocate feels compelled by reason of the rule of the Court to form a payment to the Court on account of the client for the progress of the suit or proceeding.

13. Not appear for opposite parties

An advocate who has advised a celebration in reference to 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 other party within the same matter.

There are more Duties of an Advocate towards a client but we managed to provide you the most important ones. If you want to know more duties or want to add some please mention it in the comment section.

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