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h�b```�J�����ea���0 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 decided that it is legal duty of Advocate … Duties of an Advocate . 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. 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 has duties which are to be performed towards himself, his clients, opponents, colleagues, court etc. Respect the court (because that’s your livelihood) 3. ��AS)�R`RRc���>\^^T����~��. Act in a dignified manner • 2. Every advocate has rights and duties. This paper mainly focuses on conduct of advocates. Bound to accept briefs Act in a dignified manner: During the presentation the case and while acting otherwise as an advocate … 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. judge. m������X�swf]A6�������WղY|��Y�[q]�->����G�]W�:#���o�M�>. Towards the Client. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT. Rules of An Advocate’s Duty Towards The Client. However, before that question can be considered, how we define a lawyer's duty to the court must be set out. Clients It is the duty of lawyers not to withhold client’s papers to the detriment of clients. The provisions in Chapter V relate to punishment for professional and other misconducts of Advocates. 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"'. You can download the paper by clicking the button above. 2.3.4 The obligation of confidentiality is not limited by time. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT-• Bound to accept briefs. He should levy fees that are at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. attired. • Not disclose the communications between the client and himself. 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 Thus not just morally, there are many legal duties of an advocate towards client. also the justice & fairness of the society. Duties towards the client. RULES ON AN ADVOCATES DUTY TOWARDS THE CLIENT. He shouldn’t present any false and forged documents as evidence. Not appear in matters where he himself is a witness. In a case in where he himself is a witness then he should not accept a brief or appear. 4. Special circumstances may justify his refusal to accept a … 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. 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. 6 MacKenzie, Gavin "The ethics of advocacy", The Advocates' Society Journal (September, 2008) at 26-7. 2. The advocate must plan to solve the disputes by compromise initially. Exception- Right to lien. Lawyer must be honest to his client. A Lawyer’s Duty Towards The Court – 1. ;�>ԫV�R��z��n��[��~�;ә�բz� Toward the Society. 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 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. Uphold interest of the client. 3. Advocate duties towards his client. Private communications with a judge relating to a pending case are forbidden. Appear in proper dress code • 7. Lawyer must be an impartial person. Be clear in your speech & be properly 1. 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. Between a client 's relationship with his/her advocate is underlined by utmost trust your browser are be! 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