Duty to the Client & to the Opponent

Duty to the Client: Section II

•Bound to accept any brief at a fee consisting with standing and nature except under special circumstances (11)

•Don’t withdraw from engagements without sufficient cause and unless reasonable and sufficient notice is given to client. Refund the part fee (12)

•Don’t accept a case where you will be a witness (13)

•Make full and complete disclosure relating to your connection with the parties and any interest in the matter (14) 

–It may affect client’s judgment 

•Duty to fearlessly uphold the interests of the client by fair and honourable means (15) 

•If you are appearing for prosecution, it should not lead to the conviction of an innocent (16) 

–Don’t suppress such material fact 

•Don’t violate section 126 of the Indian Evidence Act – (Advocate-Client privilege) (17) 

•Don’t be a party to fomenting (instigating) of a litigation (18) 

•Don’t act on the instructions of any person other than the client or his authorised agent. (19) 

•An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof (20)

•An advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim (21) 

•An advocate shall not bid for or purchase,(22) 

–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 the execution of a decree or order in any suit, appeal or other proceeding 

–in which he was in any way professionally engaged 

•An advocate shall not directly or indirectly bid in court auction (22A) 

–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 subject matter of any suit appeal or other proceedings in which he is in any way professionally engaged 

•An advocate shall not adjust fee payable to him by his client (23)

–against his own personal liability to the client, which liability does

–not arise in the course of his employment as an advocate

•Don’t abuse or take advantage of the confidence bestowed upon you by client (24)

•Keep proper accounts of your client’s money (25) 

•Do not divert any expenses towards fees (26) 

•If you receive any money on behalf of client, inform this immediately to him (27) 

•After the termination of the proceeding, (28) 

–the advocate shall be at liberty to appropriate towards the settled fee due to him, 

–any sum remaining unexpended out of the amount paid or sent to him for expenses 

–or any amount that has come into his hands in that proceeding. 

•Where the fee has been left unsettled, the advocate shall be entitled to deduct, (29) 

–out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, 

–the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client 

•Furnish copy of client’s account whenever demanded (30) 

•Don’t loan the money received from client (31) 

•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. (32) 

•An advocate who has, at any time, advised 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 (33) 

•One of the many cases for you, but its the only case for him 

Duty to Opponent – Section III

34. Do not communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate 

35. An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court 

•Avoid unnecessary personal difficulties with your opponent

•Treat him as a gentleman and never suspect him

•Don’t mislead him by concealing or withholding facts 

•Don’t interrupt him; because even you wouldn’t like to be interrupted

•Don’t speak ill to your clients about opponents 

•If opponent is young, don’t intimidate him, encourage him to conduct himself well 

•Don’t discuss the case with the court in the opponent’s absence and don’t try to get an order from the court behind his back