Scribd
Upload
45 views

Rules On An Advocate Duty To Client

The document outlines 23 rules that advocates must follow regarding their duties towards clients. The rules cover accepting briefs, not withdrawing service, not appearing as a witness, full disclosure to clients, upholding client interests, not suppressing evidence, keeping client communications confidential, not instigating litigation, not charging based on case outcomes, prohibitions on acquiring client property, maintaining proper financial accounts, and prohibitions on representing opposing parties in the same matter.

Uploaded by

Suchitra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
45 views

Rules On An Advocate Duty To Client

The document outlines 23 rules that advocates must follow regarding their duties towards clients. The rules cover accepting briefs, not withdrawing service, not appearing as a witness, full disclosure to clients, upholding client interests, not suppressing evidence, keeping client communications confidential, not instigating litigation, not charging based on case outcomes, prohibitions on acquiring client property, maintaining proper financial accounts, and prohibitions on representing opposing parties in the same matter.

Uploaded by

Suchitra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

Rules on an Advocate's Duty Towards the Client

1. 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. 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. Special circumstances may
justify his refusal to accept a particular brief.

2. Not withdraw from service


An advocate should not ordinarily withdraw from serving a client once he
has agreed to serve them. He can withdraw only if he has a sufficient cause
and by giving reasonable and sufficient notice to the client. Upon
withdrawal, he shall refund such part of the fee that has not accrued to the
client.

3. Not appear in matters where he himself is a witness


An advocate should not accept a brief or appear in a case in which he
himself is a witness. If he has a reason to believe that in due course of events
he will be a witness, then he should not continue to appear for the client. He
should retire from the case without jeopardising his client's interests.

4. Full and frank disclosure to client


An advocate should, at the commencement of his engagement and during
the continuance thereof, make all such full and frank disclosure to his client
relating to his connection with the parties and any interest in or about the
controversy as are likely to affect his client's judgement in either engaging
him or continuing the engagement.

5. Uphold interest of the client


It shall be the duty of an advocate fearlessly to uphold the interests of his
client by all fair and honourable means. An advocate shall do so without
regard to any unpleasant consequences to himself or any other. He shall
defend a person accused of a crime regardless of his personal opinion as
to the guilt of the accused. An advocate should always remember that his
loyalty is to the law, which requires that no man should be punished without
adequate evidence.
6. Not suppress material or evidence
An advocate appearing for the prosecution of a criminal trial should
conduct the proceedings in a manner that it does not lead to conviction of
the innocent. An advocate shall by no means suppress any material or
evidence, which shall prove the innocence of the accused.

7. Not disclose the communications between client and himself


An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the
advice given by him in the proceedings. However, he is liable to disclose if it
violates Section 126 of the Indian Evidence Act, 1872.

8. An advocate should not be a party to stir up or instigate litigation.

9. An advocate should not act on the instructions of any person other than
his client or the client's authorised agent.

10. Not charge depending on success of matters


An advocate should not charge for his services depending on the success
of the matter undertaken. He also shall not charge for his services as a
percentage of the amount or property received after the success of the
matter.

11. Not receive interest in actionable claim


An advocate should not trade or agree to receive any share or interest in
any actionable claim. Nothing in this rule shall apply to stock, shares and
debentures of government securities, or to any instruments, which are, for
the time being, by law or custom, negotiable or to any mercantile document
of title to goods.

12. Not bid or purchase property arising of legal proceeding


An advocate should not by any means bid for, or purchase, either in his own
name or in any other name, for his own benefit or for the benefit of any other
person, any property sold in any legal proceeding in which he was in any
way professionally engaged. However, it does not prevent an advocate
from bidding for or purchasing for his client any property on behalf of the
client provided the Advocate is expressly authorised in writing in this behalf.
13. Not bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by
way of sale, gift, exchange or any other mode of transfer (either in his own
name or in any other name for his own benefit or for the benefit of any other
person), any property which is the subject matter of any suit, appeal or
other proceedings in which he is in any way professionally engaged.

14. Not adjust fees against personal liability


An advocate should not adjust fee payable to him by his client against his
own personal liability to the client, which does not arise in the course of his
employment as an advocate.

15. An advocate should not misuse or takes advantage of the confidence


reposed in him by his client.

16. Keep proper accounts


An advocate should always keep accounts of the clients' money entrusted
to him. The accounts should show the amounts received from the client or
on his behalf. The account should show along with the expenses incurred
for him and the deductions made on account of fees with respective dates
and all other necessary particulars.

17. Divert money from accounts


An advocate should mention in his accounts whether any monies received
by him from the client are on account of fees or expenses during the course
of any proceeding or opinion. He shall not divert any part of the amounts
received for expenses as fees without written instruction from the client.

18. Intimate the client on amounts


Where any amount is received or given to him on behalf of his client, the
advocate must without any delay intimate the client of the fact of such
receipt.

19. Adjust fees after termination of proceedings


An advocate shall after the termination of proceedings, be at liberty to
adjust the fees due to him from the account of the client. The balance in the
account can be the amount paid by the client or an amount that has come
in that proceeding. Any amount left after the deduction of the fees and
expenses from the account must be returned to the client.

20. Provide copy of accounts


An advocate must provide the client with the copy of the client's account
maintained by him on demand, provided that the necessary copying
charge is paid.

21. An advocate shall not enter into arrangements whereby funds in his
hands are converted into loans.

22. Not lend money to his client


An advocate shall not lend money to his client for the purpose of any action
or legal proceedings in which he is engaged by such client. An advocate
cannot be held guilty for a breach of this rule, if in the course of a pending
suit or proceeding, and without any arrangement with the client in respect
of the same, the advocate feels compelled by reason of the rule of the Court
to make a payment to the Court on account of the client for the progress of
the suit or proceeding.

23. Not appear for opposite parties


An advocate who has advised a party in connection with the institution of a
suit, appeal or other matter or has drawn pleadings, or acted for a party,
shall not act, appear or plead for the opposite party in the same matter.

You might also like