Rule 4. Special circumstances may justify his refusal to accept a … h�bbd``b`�$� F} ��H�x�$�@�%�x"�@M �*�`*�v2012y�``$���_�@� �\ Duty of care to client. 31) An advocate's duty is as important as that of a Judge. The rules of conduct laid down for the members of the Bar are referred to as professional ethics of lawyers. 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 … 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. Towards the Client. Advocate’s duty for secrecy serves to the administration of justice and the interests of the client. He shall not scandalously damage the reputation of the parties on false grounds … 11. An advocate shall refuse to represent any client who insists on using unfair or improper means. Not appear in matters where he himself is a witness. Advocates have a large responsibility towards the society. Sorry, preview is currently unavailable. 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. 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. Refuse to act in an illegal manner towards the opposition • 5. A Lawyer’s Duty Towards The Court – 1. 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 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. 4. Such duties may be explained as follow: i. %PDF-1.5 %���� 12. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. 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 must always act in the best interests of his clients and should not do any kind of act that betrays their trust upon him. Advocate’s Duty towards the Client: 1. 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. m������X�swf]A6�������WղY|��Y�[q]�->����G�]W�:#���o�M�>. Bound to accept briefs Bound to accept briefs. 6 MacKenzie, Gavin "The ethics of advocacy", The Advocates' Society Journal (September, 2008) at 26-7. Appear in proper dress code • 7. Every advocate has rights and duties. 1. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 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. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions. Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate … An advocate shall excise his own judgment in such matters. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Exception- Right to lien. Not communicate in private (with spouses) 4. 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. Rules & Duty Of An Advocate Towards The Client 1. The duties of a lawyer can be classified as four Be honest to your clients, colleague & the main areas. 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. The answer to that question is the purpose of this paper. 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. 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. 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. Special circumstances may justify his refusal to accept a particular brief. 1. 2. RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. Towards the clients. • Uphold interest of the client. In order to compel the client to pay legal fees so … 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. 721 0 obj <>stream Duties of an Advocate . 11. 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 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"'. Full and frank disclosure to client. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. • Not suppress material or evidence. Refuse to appear in front of relations • 8. Refuse to represent clients who insist on unfair means • 6. 2.3.4 The obligation of confidentiality is not limited by time. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT • 1. Act in a dignified manner (before a clearly corrupt judge) 2. Bound to accept briefs . It is not just his moral duty but legal duty as well. He shall be dignified in use of his language in correspondence and during arguments in court. Rule 3. Respect the court (because that’s your livelihood) 3. 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 should not be a party to stir up or instigate litigation. Chapter V of the Advocate Act, 1961, deals with the Conduct of Advocates. • Not appear in matters where he himself is a witness. Academia.edu no longer supports Internet Explorer. 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. Private communications with a judge relating to a pending case are forbidden. He shouldn’t present any false and forged documents as evidence. A client's relationship with his/her advocate is underlined by utmost trust. Advocate's Duty Towards Client RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. The duties of an advocate and solicitor towards his client amongst others include: 1. Be clear in your speech & be properly 1. Towards the Profession. The advocate may justify the reason behind the refusal of a particular brief. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. • Not disclose the communications between the client and himself. 1. 3.2) Duty of an Advocate’s Towards the Client. By using our site, you agree to our collection of information through the use of cookies. The provisions in Chapter V relate to punishment for professional and other misconducts of Advocates. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. Towards the clients. 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. 0 Watch Queue Queue Lawyer must be honest to his client. This paper mainly focuses on conduct of advocates. endstream endobj startxref Fiduciary duties may be summarized under the general rubric of the duty of loyalty. judge. 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. Posts about Rules On An Advocate’s Duty Towards The Client written by Special circumstances may justify his refusal to accept a particular … 1. Act in a dignified manner • 2. In general, an advocate and solicitor are expected to act in good faith and in the best interests of his client. Watch Queue Queue. 4. Bound to accept briefs Not withdraw from service. ;�>ԫV�R��z��n��[��~�;ә�բz� 1. Not disclose the communications between client and himself. 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. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. %%EOF This article is for public awareness, to make them know of their legal rights. Every advocate has rights and duties. Refuse to act in an illegal manner towards the opposition (private defence suits all purposes) 5. Other duties Conclusion. An Advocate shall not influence the decision of a Court by an illegal or improper means. Not suppress material or evidence. 1. Advocate duties towards his client. Rules of An Advocate’s Duty Towards The Client. �M�,�lr�`q�@ʖ��� �� � ��V) 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. 3. To learn more, view our, Defending the Rule of Law: Reconceptualizing Guantanamo Habeas Attorney, Reviewer in Legal Profession (self-made reviewer with cases). 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. 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�+@� 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. However, before that question can be considered, how we define a lawyer's duty to the court must be set out. Lawyers also owe clients a duty not to use or disclose confidential information the lawyer learns while representing 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 . 2) An advocate shall fairly and reasonably submit the case on behalf of his client. The advocate must plan to solve the disputes by compromise initially. Bound to accept briefs. 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. Uphold interest of the client. Section II:Duty to the Client. Thus not just morally, there are many legal duties of an advocate towards client. Toward the Society. 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. 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 towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. attired. Not communicate in private • 4. the duty … RULES ON AN ADVOCATES DUTY 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. 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. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. 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. Duties 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. are adequate mechanisms for the enforcement of a lawyer's duty to the court. This video is unavailable. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. Not stand as surety for 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 . 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. • Full disclosure to the client. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. A client is entitled to say to his counsel, I want your advocacy, not your judgment; I prefer that of the Court.”’ 9. In a case in where he himself is a witness then he should not accept a brief or appear. ADVOCATE’S DUTY TOWARDS THE CLIENT. Such duties may be explained as follow: i. 11. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. 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. An advocate is expected to act with utmost sincerity and respect. Toward the Society. He shall not blindly follow the instructions of the client. ��AS)�R`RRc���>\^^T����~��. Bound to accept briefs. Duty to Disclose all circumstances to Client Duty of Skill and Care Towards Client Conflict of Interest. Lawyer must be an impartial person. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. 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. 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 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 Not stand as surety for client. also the justice & fairness of the society. You can download the paper by clicking the button above. 2.3.3 An advocate shall maintain the secrecy of all the information that he becomes aware of during one’s professional activity. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. their moral and professional duties towards one another, towards clients. h�Ԙmk�6���>��`Y�6I�Ѓ6�K�+�|p��%��h��wf��ʎ����Z�a�X#�g���|��>�"/�a�299� Respect the court • 3. Enter the email address you signed up with and we'll email you a reset link. This paper mainly focuses on conduct of advocates. h�b```�J�����ea���0 2. 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. Towards the Court. 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. 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