Members of Faculty may … How to File a Case Without a Lawyer in India? This is the duty of advocate that he should not do collusion that is advocate should not do conspiracy with the opposite side. The client should be treated nicely by the advocates. An advocate is expected to act with utmost sincerity and respect. He should not use undue influence over his client. There are many clients legal rights using which client can get justice from court against the unjust done by their advocate. 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. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the duty to plead faithfully. The cab rank rule means it is an Advocate’s professional duty, regardless of personal beliefs, to accept any client who has a statable case. He should advice client properly and in a proper way. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means. There are many other duties of an advocate towards client apart from the above-mentioned duties. The advocate must plan to solve the disputes by compromise initially. Note – The information contained in this post is for general information purposes only. (adsbygoogle = window.adsbygoogle || []).push({}); Law in 60 is a first of it’s kind effort to provide legal news, updates and happenings from in and around India but without the long drawn stories. 1. Or should not disclose any weak point of his client with the opposition. Every advocate has rights and duties. Rules & Duty Of An Advocate Towards The Court Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice. duties of an advocate towards his client | professional ethics | nadeem haidar . If you found any in this website, please report us at [email protected]. Advocates should try their best to supply clients with fair justice. It's the client for whom the advocate pleads in the court. It is the legal binding on the advocate that he cannot do any transaction with the disputed property. It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, that means he should tack reasonable fees from his client. Subscribe to our newsletter and get all updates to your email inbox! An Advocate should not give any such advice knowingly that could effect negatively. The Advocates Act, 1961 has created a single category of legal practitioners, i.e. 31) An advocate's duty is as important as that of a Judge. It is the legal binding on the advocate that he cannot do any transaction with the disputed property. In case of P.D Gupta Versus Ram Murti (AIR 1998 S.C 283) Supreme Court held that buying the disputed property of client is professional misconduct. It is the duty of the advocate that he should not charge arbitrary fees from his/her clients, that means he should tack reasonable fees from his client. The relationship between an Advocate and a client is highly fiduciary, and it is the duty of an advocate fearlessly to uphold the interests of the client, and give him justice, established a good relationship with the client with an object the client can easily share any matter with an advocate. An advocate shall not act or plead in any matter in which he has some kind of pecuniary interest. It is the duty of an advocate to welcome his client in the chamber. An Advocate should not meet with opposition parties with aim of doing conspiracy. 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 … In case of P.D Gupta Versus Ram Murti (AIR 1998 S.C 283) Supreme Court held that buying the disputed property of client is professional misconduct. It is the duties of an 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. 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. It is another duties of an 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 to create a conspiracy. He is not only an agent for his client rather something more than that. 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. 2) An advocate shall fairly and reasonably submit the case on behalf of his client. Other Duties: There are many other duties of an advocate towards client apart from the above-mentioned duties. He shall defend an individual accused of a criminal offense no matter his personal opinion on the guilt of the accused. The relation is in the nature of agent and principal. No transaction with the property of the Client: It is the legal binding on the advocate that he cannot … 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. Thus these are duties of advocates towards his client that must be practiced by advocates to protects the rights of client. It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the particular case and what are the remedies. Advocates have a large responsibility towards the society. 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 should try best to get justice to the client. It is another duties of an 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 to create a conspiracy. Thus these are duties of advocates towards his client that need to be practiced by advocates to guard the rights of the client. How Long A Memorandum of Understanding (MOU) is Valid? Advocates should try his best to give him justice, Doctrine of Constructive Notice: Meaning And Characteristics. Note - The information contained in this post is for general information purposes only. If you found any in this website, please report us at [email protected]. An advocate shall do so without reference to any unpleasant consequences to himself or the other. The relationship between an advocate and his client is totally based on trust and belief. This paper will discuss about the duties of advocate towards various parties such as client, opponent, colleagues, public etc. Duties of an Advocate Duties towards the client 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 … The client must also not feel that his presence is unwanted. Duties of an Advocate towards a client are as follows -. A client's relationship with his/her advocate is underlined by utmost trust. An advocate should on all occasions show respect towards the court. Advocate should try to solve the disputes by compromise. law with nadeem haidar. An Advocate should not give any such advice knowingly that could effect negatively. He should not use undue influence over his client. Section III of Bar Council of India Rules provides for the duties of an Advocate towards the opponent party. 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