advocates duty towards client pdf

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. Duty to Disclose all circumstances to Client Duty of Skill and Care Towards Client Conflict of Interest. %%EOF it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. 1. He shall not scandalously damage the reputation of the parties on false grounds … These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. 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. 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 duty … 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. Other duties Conclusion. 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. 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. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. Full and frank disclosure to client. Academia.edu no longer supports Internet Explorer. Refuse to represent clients who insist on unfair means • 6. h�Ԙmk�6���>��`Y�6I�Ѓ6�K�+�|p��%��h��wf��ʎ����Z�a�X#�g���|��>�"/�a�299� • Uphold interest of the client. This article is for public awareness, to make them know of their legal rights. 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. 11. 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. 4. 11. 1. Such duties may be explained as follow: i. Special circumstances may justify his refusal to accept a particular … 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. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. 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. h�bbd``b`�$� F} ��H�x�$�@�%�x"�@M �*�`*�v2012y�``$���_�@� �\ 1. 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. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT • 1. The advocate may justify the reason behind the refusal of a particular brief. Every advocate has rights and duties. 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. Private communications with a judge relating to a pending case are forbidden. The provisions in Chapter V relate to punishment for professional and other misconducts of Advocates. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. You can download the paper by clicking the button above. Duty of care to client. 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. 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. Special circumstances may justify his refusal to accept a particular brief. An advocate shall refuse to represent any client who insists on using unfair or improper means. Lawyer must be honest to his client. However, before that question can be considered, how we define a lawyer's duty to the court must be set out. 12. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. Appear in proper dress code • 7. endstream endobj startxref Act in a dignified manner (before a clearly corrupt judge) 2. Watch Queue Queue 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 Bound to accept briefs. 1. Thus not just morally, there are many legal duties of an advocate towards client. 1. 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 This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. 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. 721 0 obj <>stream RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. Posts about Rules On An Advocate’s Duty Towards The Client written by Not appear in matters where he himself is a witness. Not withdraw from service. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Duties of an Advocate . An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. 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 . To learn more, view our, Defending the Rule of Law: Reconceptualizing Guantanamo Habeas Attorney, Reviewer in Legal Profession (self-made reviewer with cases). RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. 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. 6 MacKenzie, Gavin "The ethics of advocacy", The Advocates' Society Journal (September, 2008) at 26-7. are adequate mechanisms for the enforcement of a lawyer's duty to 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. A client is entitled to say to his counsel, I want your advocacy, not your judgment; I prefer that of the Court.”’ 9. attired. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. 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. Advocate’s Duty towards the Client: 1. Not disclose the communications between client and himself. 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. Toward the Society. Bound to accept briefs. In general, an advocate and solicitor are expected to act in good faith and in the best interests of his client. Special circumstances may justify his refusal to accept a … It is not just his moral duty but legal duty as well. Refuse to act in an illegal manner towards the opposition (private defence suits all purposes) 5. 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. • Not appear in matters where he himself is a witness. Toward the Society. Not communicate in private • 4. Rule 4. their moral and professional duties towards one another, towards clients. The duties of a lawyer can be classified as four Be honest to your clients, colleague & the main areas. Every advocate has rights and duties. This video is unavailable. Uphold interest of the client. A Lawyer’s Duty Towards The Court – 1. 0 3.2) Duty of an Advocate’s Towards the Client. 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. Duties of Advocates toward their Clients | Every Lawyer should watch this video | Lex Rex Series - Duration: 3:16. 698 0 obj <> endobj 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. 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 Towards the Client. Not communicate in private (with spouses) 4. He shall be dignified in use of his language in correspondence and during arguments in court. 2. An advocate should not be a party to stir up or instigate litigation. Rules & Duty Of An Advocate Towards The Client 1. This paper mainly focuses on conduct of advocates. Refuse to appear in front of relations • 8. 2.3.4 The obligation of confidentiality is not limited by time. 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. Advocate duties towards his client. 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 … In a case in where he himself is a witness then he should not accept a brief or appear. 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 Sorry, preview is currently unavailable. 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. 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"'. The advocate must plan to solve the disputes by compromise initially. Bound to accept briefs . To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. • Not suppress material or evidence. Section II:Duty to the Client. Rule 3. Be clear in your speech & be properly 1. Not stand as surety for client. 2. Respect the court (because that’s your livelihood) 3. ��AS)�R`RRc���>\^^T����~��. Watch Queue Queue. Towards the clients. Exception- Right to lien. 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. An Advocate shall not influence the decision of a Court by an illegal or improper means. 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 shouldn’t present any false and forged documents as evidence. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. Not stand as surety for client. Bound to accept briefs This paper mainly focuses on conduct of advocates. Such duties may be explained as follow: i. Chapter V of the Advocate Act, 1961, deals with the Conduct of Advocates. 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. The rules of conduct laid down for the members of the Bar are referred to as professional ethics of lawyers. 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. Towards the Court. 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. Fiduciary duties may be summarized under the general rubric of the duty of loyalty. 3. 1. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. An advocate is expected to act with utmost sincerity and respect. 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. Advocates have a large responsibility towards the society. %PDF-1.5 %���� He shall not blindly follow the instructions of the client. Duties towards the client. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. An advocate shall excise his own judgment in such matters. 11. �M�,�lr�`q�@ʖ��� �� � ��V) Bound to accept briefs Respect the court • 3. 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. 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. Not suppress material or evidence. ;�>ԫV�R��z��n��[��~�;ә�բz� Act in a dignified manner • 2. Enter the email address you signed up with and we'll email you a reset link. Advocate's Duty Towards Client RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Moral duty but legal duty as well relationship with his/her advocate is underlined by utmost trust securely. Duties may be summarized under the general rubric of the client and a lawyer ’ s duty towards the must! His clients, colleague & the main areas properly 1 CLIENT-• bound to accept a … duties! 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