A Lawyer’s Duty Towards The Court – 1. This paper mainly focuses on conduct of advocates. 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. It is not just his moral duty but legal duty as well. m������X�swf]A6�������WղY|��Y�[q]�->����G�]W�:#���o�M�>. In a case in where he himself is a witness then he should not accept a brief or appear. 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 h�bbd``b`�$� F} ��H�x�$�@�%�x"�@M �*�`*�v2012y�``$���_�@� �\ Lawyers also owe clients a duty not to use or disclose confidential information the lawyer learns while representing the client. 698 0 obj <> endobj 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. Special circumstances may justify his refusal to accept a particular … Private communications with a judge relating to a pending case are forbidden. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. their moral and professional duties towards one another, towards clients. Toward the Society. • Not appear in matters where he himself is a witness. In order to compel the client to pay legal fees so … He shouldn’t present any false and forged documents as evidence. 12. 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 Chapter V of the Advocate Act, 1961, deals with the Conduct of Advocates. He shall be dignified in use of his language in correspondence and during arguments in court. • Full disclosure to the client. Advocate duties towards his client. 2. 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. Refuse to appear in front of relations • 8. 4. 1. Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. 721 0 obj <>stream 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 clients. Full and frank disclosure to client. He shall not scandalously damage the reputation of the parties on false grounds … This video is unavailable. Advocate's Duty Towards Client RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Advocate has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. 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. Not stand as surety for client. An Advocate shall not influence the decision of a Court by an illegal or improper means. the duty … 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. 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. The duties of an advocate and solicitor towards his client amongst others include: 1. Refuse to represent clients who insist on unfair means • 6. Thus not just morally, there are many legal duties of an advocate towards client. Act in a dignified manner • 2. 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. 2. Refuse to act in an illegal manner towards the opposition • 5. An advocate should not be a party to stir up or instigate litigation. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. Such duties may be explained as follow: i. Rules 15 and 19 of the BCI Rules, has relevance to the subject matter and therefore, they are extracted below: Rule 15. Other duties Conclusion. Section II:Duty to the Client. 1. �M�,�lr�`q�@ʖ��� �� � ��V) 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. An advocate shall excise his own judgment in such matters. Respect the court (because that’s your livelihood) 3. 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"'. Rules of An Advocate’s Duty Towards The Client. ��AS)�R`RRc���>\^^T����~��. 1. Rules & Duty Of An Advocate Towards The Client 1. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. Be clear in your speech & be properly 1. Special circumstances may justify his refusal to accept a particular brief. 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. 31) An advocate's duty is as important as that of a Judge. it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. Appear in proper dress code • 7. also the justice & fairness of the society. 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 h�b```�J�����ea���0 judge. The advocate must plan to solve the disputes by compromise initially. • Not disclose the communications between the client and himself. Refuse to act in an illegal manner towards the opposition (private defence suits all purposes) 5. 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. Not stand as surety for client. Such duties may be explained as follow: i. 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 . Duty of care to client. h�Ԙmk�6���>��`Y�6I�Ѓ6�K�+�|p��%��h��wf��ʎ����Z�a�X#�g���|��>�"/�a�299� attired. 3.2) Duty of an Advocate’s Towards the Client. Academia.edu no longer supports Internet Explorer. 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. Advocates have a large responsibility towards the society. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. The provisions in Chapter V relate to punishment for professional and other misconducts of Advocates. These all responsibilities and duties are very Lawyer must always charge a moderate & important to the smooth function of the judiciary, reasonable fee. 1. Bound to accept briefs. 2.3.3 An advocate shall maintain the secrecy of all the information that he becomes aware of during one’s professional activity. Toward the Society. This paper mainly focuses on conduct of advocates. 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. 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. A client is entitled to say to his counsel, I want your advocacy, not your judgment; I prefer that of the Court.”’ 9. 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. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. 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�+@� %PDF-1.5 %���� 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. Towards the Profession. 2.3.4 The obligation of confidentiality is not limited by time. Duties towards the client. 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 In general, an advocate and solicitor are expected to act in good faith and in the best interests of his 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 . Not withdraw from service. Every advocate has rights and duties. Towards the clients. 3. 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. 1. Watch Queue Queue To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. 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. Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate … Not appear in matters where he himself is a witness. An advocate shall refuse to represent any client who insists on using unfair or improper means. 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. This article is for public awareness, to make them know of their legal rights. 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. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT • 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. • Not suppress material or evidence. To learn more, view our, Defending the Rule of Law: Reconceptualizing Guantanamo Habeas Attorney, Reviewer in Legal Profession (self-made reviewer with cases). 0 Exception- Right to lien. Special circumstances may justify his refusal to accept a … Not suppress material or evidence. You can download the paper by clicking the button above. Advocate’s duty for secrecy serves to the administration of justice and the interests of the client. Duties of an Advocate . 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. 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. The advocate may justify the reason behind the refusal of a particular brief. Not communicate in private (with spouses) 4. 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. Towards the Client. Watch Queue Queue. %%EOF Lawyer must be an impartial person. Bound to accept briefs • Uphold interest of the client. ;�>ԫV�R��z��n��[��~�;ә�բz� Not communicate in private • 4. Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. 4. 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. The duties of a lawyer can be classified as four Be honest to your clients, colleague & the main areas. Rule 4. Respect the court • 3. Fiduciary duties may be summarized under the general rubric of the duty of loyalty. The rules of conduct laid down for the members of the Bar are referred to as professional ethics of lawyers. Act in a dignified manner (before a clearly corrupt judge) 2. However, before that question can be considered, how we define a lawyer's duty to the court must be set out. Bound to accept briefs. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. The answer to that question is the purpose of this paper. Duties of Advocates toward their Clients | Every Lawyer should watch this video | Lex Rex Series - Duration: 3:16. Enter the email address you signed up with and we'll email you a reset link. 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. Bound to accept briefs . 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. 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. He shall not blindly follow the instructions of the client. 6 MacKenzie, Gavin "The ethics of advocacy", The Advocates' Society Journal (September, 2008) at 26-7. 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 … A client's relationship with his/her advocate is underlined by utmost trust. Advocate’s Duty towards the Client: 1. 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. Bound to accept briefs Every advocate has rights and duties. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. Lawyer must be honest to his client. Rule 3. 11. ADVOCATE’S DUTY TOWARDS THE CLIENT. 11. 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. By using our site, you agree to our collection of information through the use of cookies. Duty to Disclose all circumstances to Client Duty of Skill and Care Towards Client Conflict of Interest. 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 is expected to act with utmost sincerity and respect. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. Posts about Rules On An Advocate’s Duty Towards The Client written by 1. endstream endobj startxref Uphold interest of the client. 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. 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