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An Advocate’s Duties to Clients

    Home Community and Citizenship Professional Ethics An Advocate’s Duties to Clients
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    An Advocate’s Duties to Clients

    By Nyaaya | Professional Ethics | 0 comment | 28 August, 2020 | 1

    There are many duties that an advocate has to fulfil towards clients. Some of them include:

    Accepting and withdrawing from cases

    An advocate should:

    • Accept any case, unless exceptional circumstances exist.1 The Supreme Court has said that a lawyer cannot refuse a brief if a client is willing to pay his fee, and the lawyer is not otherwise engaged.2 The advocate’s fee will be based on their professional standing and the nature of the case.
    • Not withdraw from a case after accepting it. However, the advocate can withdraw if there is sufficient cause, after giving a reasonable and sufficient notice to the client. If the lawyer withdraws from a case, they have to refund any fee that has not been earned.3
    • Not accept or appear in a case for which the advocate might appear as a witness.4

    Loyalty to the client

    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.5
    • Uphold the interests of the client by all fair and honorable means.  Advocates should be loyal to this principle and should not let their personal beliefs about a client’s guilt stop them from accepting a case. Regardless of their personal opinion on the guilt of a client, advocates should defend the client.6
    • Not work for the conviction of an innocent person. For instance, advocates should not suppress material that could establish the innocence of a person in a criminal case.7
    • Only work as per the instruction of the client or the client’s agent.8
    • Not act, appear or argue for the opposite party if the advocate has advised, acted, appeared or pleaded for a client at any stage of a lawsuit.9

    Upholding interests of the client

    Advocates have to make sure that they:

    • Do not specify a fee that is dependent on the result of the case. An advocate should not agree to share the benefits that a client will get from a case.10
    • Do not abuse or take advantage of the trust of the client.11
    • Keep accounts of the money entrusted to them by the client.12
    • Do not accept a fee less than a fee which can be taxed, if the client is able to pay it.13

    Failure to obey any of these duties may qualify for ‘Professional Misconduct’ by the Advocate, and a client can lodge a complaint against the advocate in the appropriate forum.

    1
    1. Rule 11, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    2. A.S. Mohammed Rafi v. State of Tamil Nadu, Criminal Appeal No. 2310 of 2010[↩]
    3. Rule 12, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    4. Rule 13, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    5. Rule 14, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    6. Rule 15, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    7. Rule 16, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    8. Rule 19, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    9. Rule 33, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    10. Rule 20, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    11. Rule 24, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    12. Rule 25, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    13. Rule 38, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
    Advocate, Case, court, Lawyer

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