You are on page 1of 2

Client is the foundation stone of legal profession.

It's the client for whom the advocate pleads in the court. So we can say that Advocate is agent or represent ative of the client. Thus not just morally, there are many legal duties of an ad vocate towards client. This article is for public awareness, to make them know o f their legal rights. Duties of advocates towards clients: Pleasing faithfully: Advocate being the representative of the client have the du ty 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 d ecided 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 c ollusion, 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 advoca te , 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 p riviledge to the advocate so that he may not be tortured to disclose these infor mation. No transaction with the property of the Client: It is the legal binding on the a dvocate that he cannot do any transaction with the disputed property. Thus he sh ould 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 decid ed that buying the property of client (disputed property) is professional miscon duct. 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 proceddi ngs to get his fees, but under no conditions the advocate can restrict the scrip ts that has been provided by the client. [New India Assurance Corpotation limite d 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 m oney that the court gives in the name of the client must be provided to the clie nt 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 cas e 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 fr om the roll of advocates. Good behavior with the Client: The client should be treated nicely by the advoca tes. Advoctae should try best to get justice to the client. He should advice cli ent 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 Cour t decided that Advocate have no right to go on strike or give call of boycott. C ourt 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 client s legal rights using which client can get justice from court against the unjust done by their advocate.

You might also like