There are many duties that an advocate has to fulfil towards clients. Some of them include:
Accepting and withdrawing from cases
An advocate should:
- Accept any case, unless exceptional circumstances exist.1 The Supreme Court has said that a lawyer cannot refuse a brief if a client is willing to pay his fee, and the lawyer is not otherwise engaged.2 The advocate’s fee will be based on their professional standing and the nature of the case.
- Not withdraw from a case after accepting it. However, the advocate can withdraw if there is sufficient cause, after giving a reasonable and sufficient notice to the client. If the lawyer withdraws from a case, they have to refund any fee that has not been earned.3
- Not accept or appear in a case for which the advocate might appear as a witness.4
Loyalty to the client
An advocate must:
- Make full and frank disclosure to the client about the advocate’s connection towards the other parties and any other interest in the case.5
- Uphold the interests of the client by all fair and honorable means. Advocates should be loyal to this principle and should not let their personal beliefs about a client’s guilt stop them from accepting a case. Regardless of their personal opinion on the guilt of a client, advocates should defend the client.6
- Not work for the conviction of an innocent person. For instance, advocates should not suppress material that could establish the innocence of a person in a criminal case.7
- Only work as per the instruction of the client or the client’s agent.8
- Not act, appear or argue for the opposite party if the advocate has advised, acted, appeared or pleaded for a client at any stage of a lawsuit.9
Upholding interests of the client
Advocates have to make sure that they:
- Do not specify a fee that is dependent on the result of the case. An advocate should not agree to share the benefits that a client will get from a case.10
- Do not abuse or take advantage of the trust of the client.11
- Keep accounts of the money entrusted to them by the client.12
- Do not accept a fee less than a fee which can be taxed, if the client is able to pay it.13
Failure to obey any of these duties may qualify for ‘Professional Misconduct’ by the Advocate, and a client can lodge a complaint against the advocate in the appropriate forum.
- Rule 11, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- A.S. Mohammed Rafi v. State of Tamil Nadu, Criminal Appeal No. 2310 of 2010[↩]
- Rule 12, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 13, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 14, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 15, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 16, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 19, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 33, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 20, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 24, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 25, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]
- Rule 38, Chapter II, Part VI, Bar Council of India Rules, 1975[↩]