February 3, 2021

The duties of an Advocate towards his Client

The relationship between a client and an advocate is fiduciary in nature that is based on pure trust and honesty. The openness in communication is an essential factor for both client and advocate to get his case resolved in a smooth manner for the former and to execute his job diligently in case of the later.

Following are few duties of an Advocate towards his Client-

  1. An Advocate must give out his best to provide justice to his/her client.
  2. An Advocate must never present false and forged documents.
  3. An Advocate must not use undue influence over his clients.
  4. Each and Every advice given by an Advocate to his client must carry bona fide intention.
  5. The client should always be handled nicely and politely by the advocate.
  6. An advocate should never do fraud or misrepresentation with his client.
  7. 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.
  8. An Advocate should not buy/sell the property, which is involved in a case. That means he must not get involved in commercial transactions that are related to his/her own client’s case.
  9. It is the prime duty of an Advocate to keep all the exchange of communication with his client completely confidential and secret.
  10. The advocate should not show/provide any confidential information to the opposition party to create a conspiracy.
  11. An advocate should ensure that the interests of the client are not in any manner hurt by his act or omissions.
  12. An advocate must also defend a person (his client) 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.
  13. An advocate should not enlarge the case unnecessarily.
  14. An Advocate holds the duty to make sure that there is no conflict of interest.
  15. The Advocate must never fail to keep the proper accounts of the remuneration.
  16. Advocate should promise that he will act on the instructions of the client only.
  17. The fee by the advocate must not be charged relying on the success of the matter.
  18. The Advocate must give full disclosure of his legal knowledge to the client over the subject matter.
  19. It is the moral duty of the advocate to solve the disputes by compromise initially.
  20. An advocate shall not act on the instruction of any person other than his Client or his authorized agent.

Conclusion

An Advocate is considered as a Legal Officer/Presenter who works as the source between a common man and the Honourable court hence he holds the huge responsibility of just and fair execution of his duties to keep the common public confident in the course of justice in his country. In case, your advocate fails to follow or uphold the above mentioned duties then you are always free to move further to the Bar Council of India and file a complaint against him.

Aishwarya Says:

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