Duties of an Advocate towards ClientDuties of advocates towards clients:
- Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. 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 to plead faithfully.
- Not doing Collusion: This is another duty of advocate that (s)he should not do collusion, that is advocate should not do conspiracy with the opposite side. This is basically called professional misconduct.
- Thus he should not meet with opposition parties with aim of doing conspiracy.
- He should not give such advice knowingly that could effect negatively.
- He should not accept gifts, fees from opposition party.
- Not to disclose professional communication: It is another duty of the advocate, that whatever talks and other documents are provided by the client to the advocate , the advocate should not show/provide those to the opposition party.
Note: It's reason is that Section 126 of the Indian Evidence Act 1872 provides priviledge to the advocate so that he may not be tortured to disclose these information.
- No transaction with the property of the Client: It is the legal binding on the advocate that he cannot do any transaction with the disputed property. Thus he should not buy/sell the property, which is involved in a case.
Case Study: In P.D Gupta Versus Ram Murti (AIR 1998 S.C 283) Supreme Court decided that buying the property of client (disputed property) is professional misconduct.
- Charge proper and reasonable fees: It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, but a reasonable fees should be charged.
Case Study: In case the fees is not paid by the client, advocate can do proceddings to get his fees, but under no conditions the advocate can restrict the scripts that has been provided by the client. [New India Assurance Corpotation limited Versus A.K.Saxena AIR 2004 S.C 311].
- Money obtained in the name of Client: It is the duty of the advocate that, the money that the court gives in the name of the client must be provided to the client and under no conditions should be kept by the advocate.
Case Study: In Harish Chandra Tiwari Versus Baiju (AIR 2002 S.C 548) In this case Supreme Court decided that the advocate did not paid the amount to the client, which was taken from the court and thus the name of the advocate was removed from the roll of advocates.
- Good behavior with the Client: The client should be treated nicely by the advocates. Advoctae should try best to get justice to the client. He should advice client properly.
- Other Duties: There are many other duties of advocate towards client apart from the above mentioned duties.
- He should not use undue influence over his client.
- He shouldn't present false and forged documents
- Advocate should try to solve the disputes by compromise.
- He should not take part in strikes.
Case Study: In Harish Uppal Versus Union of India(AIR 2003 SC 739), Supreme Court decided that Advocate have no right to go on strike or give call of boycott. Court are not bound to adjourn the cases because lawyers are on strike. Advocates who abstain from attending work due top strike call can be marked with costs.
Thus these are duties that must be practiced by advocates. There are many clients legal rights using which client can get justice from court against the unjust done by their advocate.
Written by: Puneet Batish - ♂ Founder & Author 
A Bio Informatician, MCSE, technology developer, Attorney & founder of GeekUpd8. He is currently practicing as an Attorney.
Many times opposite happens, people need to know their rights. good attempt.
ReplyDeleteMoral duty of advocates to do every possible effort to get justice for their clients.
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