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