DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
LEGAL STATUS OF ADVOCATE AND CLIENT RELATIONSHIP

SUBJECT
PROFESSIONAL ETHICS

NAME OF THE FACULTY

P. Bayola Kiran

P.vivek vardhan
2013081& 8th Sem

1
 ACKNOWLEDGEMENT

TITLE OF SUBJECT: PEPA

NAME OF FACULTY: P. BAYOLA KIRAN

I P.vivek vardhan hereby declare that this project case study: LEGAL

STATUS OF ADVOCATE AND CLIENT RELATIONSHIP Submitted by me

is an original work undertaken by me. I have duly acknowledged all the sources from

which the ideas and extracts have been taken. The project is free from any plagiarism

issue.

PLACE: Vishakhapatnam.

(Signature of the student)

Roll no: 2013081
Semester-8
Section-B

2
 TABLE OF CONTENTS

ACKNOWLEDGEMENT

1. INTRODUCTION

2. AIM, SCOPE AND OBJECTIVES OF THE STUDY

3. HYPOTHESIS

4. RESEARCH METHODOLOGY

5. SIGNIFICANCE OF THE STUDY

6. RESEARCH DESIGN

7. CASE LAWS

8. CONCLUSION

9. BIBILIOGRAPHY

3
 1. INTRODUCTION

A good working relationship between the client and the lawyer, will result in a better outcome, a
smoother process, a lower account and a satisfied client. To obtain a good working relationship it
is important that both client and lawyer recognize their own and each other’s responsibilities. To
help achieve this I am setting forth what I believe are the respective roles of the client and the
lawyer.
2. AIM, SCOPE AND OBJECT OF THE STUDY
The aim and object of the paper is to analyze and interpret legal status advocates and client
relationship in India by focusing on certain aspects, namely, the required standards to be followed,
rules and its consequences.

3. HYPOTHESIS

The legal status of advocates and client relationship plays a vital role in India.

4. RESEARCH METHODOLOGY
4.1.Sources of Data

The primary sources of data are books, secondary sources like journals and territory sources like
websites were used for collection of data.

4.2.Method of Writing

The methodology opted for this research is doctrinal.

4.3.Mode of Citation

The mode of citation used in this paper is Harvard Blue Book Citation.

5. SIGNIFICANCE OF THE STUDY

The findings of the study will rebound to the benefit of the researchers. This study may be one of
the basis that a new theory in learning will arise.

6. RESEARCH DESIGN

4
Before we began with the project, the researcher would like give a detailed outline about the
project.

A lawyer-client relationship with the prospects of – How to win over the trust of the client; How
to bring forth the best image of the client; what all client’s information is critical for the lawyer,
etc. The article profoundly aims upon how a lawyer can expand his roots in the industry on the
basis of a successful lawyer-client relationship.

1.Understanding Client’s Situation or Business

2.Understanding Client’s Financial Status

3.How to Deal With A Case Which is False or Dishonest

4.Knowledge, Understanding How Laws Will Apply in Client’s Case

5.Understanding Client’s Requirement on the Grounds of Courts or Tribunal to Appear

JUDICIAL DECISIONS

 Himalayan Cooperative Group Housing Society Vs. Balwan Singh

5
 CHAPTERISATION:

1.INTRODUCTION

2.Role of lawyer

3.Conduct the Client is Entitled to from the Lawyer

4. The Role of the Client

5.Conduct a lawyer required from a client

6.what the client is not expected to do

7.cases

8.Conclusion

9.BIBILOGRAPHY

6
INTRODUCTION

The lawyer / client relationship

The Law Society aims to make your dealings with the legal profession as productive
and successful as possible. One of the ways the Law Society performs this role is by
promoting understanding in the community about how solicitors work and their
duties to clients and the law.

Knowing what to expect when you hire a advocate, how fees are charged and what
to do should something go wrong are just some of things you can learn from the Law
Society.

Standards in the legal profession

Is your Advocate qualified?
an explanation of who can provide legal advice and representation.
advocates’ duties to clients
understand the duties advocates owe to their clients, including confidentiality,
avoiding conflict of interests and disclosure.
Other duties of advocates
By reading about the duties a advocate has to the Courts, the profession and the
administration of justice.
Fees, costs & money
What your advocate must tell you - the disclosure requirement and what your
advocate must tell you before commencing work.
How advocates charge their clients – how fees can be charged, why fees vary and
how the ‘no win, no pay’ method works.
Trust and controlled money accounts – definition of trust money and how
advocates must manage it.

7
ROLE OF LAWYER
To Advise
The lawyer advises the client as to how the law would apply to the client’s case. As
the law is not an exact science, the advice will include the range of possible outcomes
if the matter is litigated and a judge has to decide the case. The lawyer will advise
the client on the different arguments that can be made for and against the client and
assess the probability of success as well as on the best strategy and legal procedure
to obtain the desired outcome. That strategy may range from doing nothing to taking
the case to the court of appeal, if need be. The advice will originally be based on the
facts first given, and the law at that time. As the opposing spouse’s evidence is
known and the lawyer assesses the court’s probable findings of the facts, that advice
may change. The law is also changing as new cases interpret the Family Law Act.
Those new cases might result in a change of advice also.
To Negotiate a Settlement
The lawyer will negotiate on the client’s behalf with the opposing spouse’s lawyer
or the opposing spouse, if he or she has no lawyer, to obtain a complete settlement
of all the issues. During the negotiating process the client will be consulted and will
be expected to give instructions to the lawyer as to the terms of the settlement that
are acceptable to the client.
To Draft the Appropriate Documents
If the matter settles without commencing court proceedings the lawyer will draft a
separation agreement. If court proceedings are needed the lawyer will draft the
Petition for Divorce or Statement of Claim and all other documents that are
required to commence and continue a court action.
To Advocate
If the parties cannot settle the matter then the lawyer will argue the case at all levels
the interim motion, the trial, and the appeal. The lawyer will conduct the appropriate
8
cross examinations and discoveries, prepare the necessary documents and appear at
the pre-trial conference.
To Provide Good Service
This includes returning phone calls the same day they are received or by the next
day if the lawyer is out of the office. If the call cannot be returned by the next day,
the lawyer’s secretary should call. Good service also includes receiving copies of all
court documents and important correspondence. Communication of major
developments in the case should be made as soon as possible. The prompt and
courteous service also must be extended by all the office staff to the client.

3.Conduct the Client is Entitled to from the Lawyer

To Give a Realistic Assessment of the Case

The lawyer should tell the client what the lawyer believes the client’s realistic
chances are of obtaining the outcome the client wants. The lawyer should not be
overly optimistic to make the client feels better about the case. That feeling may fuel
a court battle that cannot be realistically won. This unwarranted optimistic approach
also will result in a big letdown if that outcome is not achieved either through
negotiations or through the court system. However, the lawyer should not be overly
pessimistic either. Being pessimistic is not fair to the client as it does not allow him
to assess the case properly. The client’s instructions are then not based on the proper
facts.
To Provide Financial Accountability
The lawyer should at the first interview explain how the fee will be determined and
when it is expected to be paid. The lawyer should tell the client what the
disbursements (money spent on the client’s behalf) will be. If the fee is to be on a
time basis then the account should detail the date the work was performed, the work

9
done and the time taken. The account also will detail the disbursements. As best the
lawyer can, there should be estimates of what the case will cost if it is being charged
on a time basis. Interim bills should be sent to the client so the client knows the
amount due to the lawyer.
To Take the Client’s Instructions
The lawyer must take the client’s instructions. The lawyer should not try to force the
client into taking a position the client does not want. On occasion a lawyer believes
the client is willing to settle for far less than a court would order. In those situations
the lawyer should not bully the client into changing positions but rather obtain a
written acknowledgement from the client that the settlement in the lawyer’s opinion
is unfair to the client.
To Hold the Client’s Information in Confidence
The lawyer should hold in strict confidence all information concerning the client and
not divulge any such information unless authorized by the client.
To Give Best Efforts
The lawyer should treat each client and each file as very important and try his best.
This does not mean spending a lot of time on each file because the resulting cost
may be much more than the matter is worth to the client. It is more a matter of the
lawyer’s general attitude. Although what the lawyer is doing may be routine work,
it is extremely important to the client and deserves the lawyer’s best efforts.
To Be Sensitive
The lawyer must be a good listener and empathize with the client’s problem. The
lawyer must be sensitive in asking the client questions the client may be reluctant to
talk about. However, the lawyer, although sympathetic to the client’s problem, must
be objective about the advice given. The client must remember that the lawyer is still
on their side even though the client does not like the advice given.

10
The Role of the Client

To Provide Information
The result of any case depends on two factors – the facts and the law. It is the client’s
responsibility to provide all the facts that the lawyer requests. This may involve
extensive work by the client. Old records will have to found, time and energy will
be needed to detail all the assets in a marriage and their costs and to prepare a budget.
A client may have to interview relatives and friends to confirm certain events. This
work is very necessary for the success of the case.
To Give Instructions
After the lawyer has given advice and has explained the alternatives, the client must
tell the lawyer what to do. The client cannot let the lawyer make the decisions. The
client’s decisions are based on the advice given by the lawyer but the client cannot
leave the decisions up to the lawyer.
To Pay the Lawyer
At the first interview the lawyer will have discussed fees with the client. If the client
cannot pay the fee requested in the manner requested then the client should say so.
If the client does not live up to their obligation to pay the bills that are rendered as
the file progresses, then the lawyer has the right to stop work on the file. However,
discussing the matter with the lawyer will usually result in alternate arrangements
being made if the facts warrant it.
Conduct a Lawyer Requires from a Client
To Supply Truthful Information
Lying to the lawyer has harmful consequences for the client. Lies are almost always
discovered by the other party and their lawyer. When that discovery occurs the client
will lose credibility with the court so that even truthful assertions will be suspect.
Often the lying is about irrelevant or minor matters but the loss of credibility will

11
apply to all the issues including the major ones. If the truth is told from the beginning
the lawyer can properly build the case and develop the strategy. However, when the
lying is discovered it may be too late to switch the strategy. Besides perhaps
destroying his own case, the lying client may be charged with the criminal offence
of perjury. Holding back relevant information against one’s case has the same
consequences as lying.
To Provide the Facts in an Orderly Fashion and on a Timely Basis
A lawyer cannot complete the file on a timely basis or file appropriate documents
on behalf of the client if the client does not provide the facts when asked. It is also
hard to conduct the case, though not impossible if the client is continually telling the
lawyer of facts he just remembered.
To Act Rationally
Family Law matters can be very emotional. Separation from one’s spouse is a most
difficult time in one’s life, and may result in irrational behaviour by a client. The
client must try to take the emotional aspect out of their behaviour and decision
making process.
To Advise the Lawyer as to How He is Handling the Case
If the client is dissatisfied with any aspect of the handling of the case the client must
so advise the lawyer. The lawyer will then be able to resolve the complaint. If the
client waits until the case is over it may be too late for both the client and the lawyer.
To Show Appreciation
Lawyers are human beings too and therefore like to be appreciated. If the lawyer did
a good job then the client should express this satisfaction. The lawyer’s main source
of business is from repeat clients and referrals from happy clients. A satisfied client
can best show appreciation by referring relatives and friends to the lawyer.
WHAT THE CLIENT IS NOT EXPECTED TO DO
TO KNOW THE LAW
12
The client is not expected to know the law.if that were so,the lawyer would be out
of business.the lient should therefore not feel embarrassed to ask the lawyer any
question concerning the law or to provide any facts that they are uncertain are
relevant.
Cases
To understand the scope and implication of the term ‘misconduct’, the context of the
role and responsibility of an advocate should be kept in mind. Misconduct is a
sufficiently wide expression, and need not necessarily imply the involvement of
moral turpitude. ‘Misconduct’ per se has been defined in the Black’s Law
Dictionary to be “any transgression of some established and definite rule of action,
a forbidden act, unlawful or improper behavior, willful in character, a dereliction of
duty.” In a different context, the Supreme Court has opined that the word
“misconduct” has no precise meaning, and its scope and ambit has to be construed
with reference to the subject matter and context wherein the term occurs. In the
context of misconduct of an advocate, any conduct that in any way renders an
advocate unfit for the exercise of his profession, or is likely to hamper or embarrass
the administration of justice may be considered to amount to misconduct, for which
disciplinary action may be initiated.

The Supreme Court has, in some of its decisions, elucidated on the concept of
‘misconduct’, and its application.

In Sambhu Ram Yadav v.Hanuman Das Khatry,

A complaint was filed by the appellant against an advocate to the Bar Council of
Rajasthan, that while appearing in a suit as a counsel, he wrote a letter stating that
the concerned judge, before whom he suit is pending accepts bribes, and asked for

13
Rs. 10,000 to bribe and influence the judge to obtain a favourable order. The
Disciplinary Committee, holding that the advocate was guilty if “misconduct”, stated
that such an act made the advocate “totally unfit to be a lawyer.” The Supreme Court,
upholding the finding of the Rajasthan Bar Council held that the legal profession is
not a trade or business. Members belonging to the profession have a particular duty
to uphold the integrity of the profession and to discourage corruption in order to
ensure that justice is secured in a legal manner. The act of the advocate was
misconduct of the highest degree as it not only obstructed the administration of
justice, but eroded the reputation of the profession in the opinion of the public.

In another case, Noratanman Courasia v. M. R. Murali, the Supreme Court

explored the amplitude and extent of the words “professional misconduct” in Section
35 of the Advocates Act. The facts of the case involved an advocate (appearing as a
litigant in the capacity of the respondent, and not an advocate in a rent control
proceeding) assaulted and kicked the complainant and asked him to refrain from
proceeding with the case. The main issue in this case was whether the act of the
advocate amounted to misconduct, the action against which could be initiated in the
Bar Council, even though he was not acting in the capacity of an advocate. It was
upheld by the Supreme Court that a lawyer is obliged to observe the norms of
behavior expected of him, which make him worthy of the confidence of the
community in him as an officer of the Court. Therefore, inspite of the fact that he
was not acting in his capacity as an advocate, his behavior was unfit for an advocate,
and the Bar Council was justified in proceeding with the disciplinary proceedings
against him.

It may be noted that in arriving at the decision in the case, the Supreme Court carried
out an over-view of the jurisprudence of the courts in the area of misconduct of

14
advocates. It reiterated that the term “misconduct” is incapable of a precise
definition. Broadly speaking, it envisages any instance of breach of discipline. It
means improper behavior, intentional wrongdoing or deliberate violation of a rule
of standard of behavior. The term may also include wrongful intention, which is not
a mere error of judgment. Therefore, “misconduct”, though incapable of a precise
definition, acquires its connotation from the context, the delinquency in its
performance and its effect on the discipline and the nature of duty. To sum up, it
must be improper or wrong behavior which is willful in character. It may involve
moral turpitude, but is not a mere error of judgment, carelessness or negligence in
performance of duty.

The advocate, as an officer of the Court, also has the responsibility to render services
of sound quality. Lapses in services in the nature of absence when the matters are
called out, the filing of incomplete and inaccurate pleadings – many times even
illegible and without personal check and verification, the non-payment of court fees
and process fees, the failure to remove office objections, the failure to take steps to
serve the parties are not merely professional omission. They amount to positive dis-
service to the litigants and create embarrassing situation in the court leading to
avoidable unpleasantness and delay in the disposal of matters, and detrimentally
affects the entire judicial system.

Furthermore, as the officers of the court the lawyers are required to uphold the
dignity of the judicial office and maintain a respectful attitude towards the Court.
This is because the Bar and the Bench form a noble and dynamic partnership geared
to the great social goal of administration of justice, and the mutual respect of the Bar
and the Bench is essential for maintaining cordial relations between the two.It is the
duty of an advocate to uphold the dignity and decorum of the Court and must not do

15
anything to bring the Court itself into disrepute, and ensure that at no point of time,
he oversteps the limits of propriety. Imputations of partiality and unfairness against
the Munsif in open Court would constitute professional misconduct since such
behaviour is not merely a matter between an individual member of the Bar and a
member of the judicial service; it brings into disrepute the whole administration of
justice.

Likewise, in the case of N.G. Dastane v. Shrikant S. Shinde, where the advocate of
one of the parties was asking for continuous adjournments to the immense
inconvenience of the opposite party, it was held by the Supreme Court that seeking
adjournments for postponing the examination of witnesses who were present without
making other arrangements for examining such witnesses is a dereliction of the duty
that an advocate owed to the Court, amounting to misconduct.

Ultimately, as it has been upheld and reiterated that “misconduct” would cover any
activity or conduct which his professional brethren of good repute and competency
would reasonably regard as disgraceful or dishonourable. It may be noted that the
scope of “misconduct” is not restricted by technical interpretations of rules of
conduct. This was proven conclusively in the case of Bar Council of

Maharashtra v. M.V. Dahbolkar.

The facts under consideration involved advocates positioning themselves at the

entrance to the Magistrate’s courts and rushing towards potential litigants, often
leading to an ugly scrimmage to snatch briefs and undercutting of fees. The
Disciplinary Committee of the state Bar Council found such behavior to amount to
professional misconduct, but on appeal to the Bar Council of India, it was the Bar

16
Council of India absolved them of all charges of professional misconduct on the
ground that the conduct did not contravene Rule 36 of the Standards of Professional
Conduct and Etiquette as the rule required solicitation of work from a particular
person with respect to a particular case, and this case did not meet all the necessary
criteria, and such method of solicitation could not amount to misconduct. This
approach of the Bar council of India was heavily reprimanded by the Supreme Court.
It was held that restrictive interpretation of the relevant rule by splitting up the text
does not imply that the conduct of the advocates was warranted or justified. The
standard of conduct of advocates flows from the broad cannons of ethics and high
tome of behavior. It was held that “professional ethics cannot be contained in a Bar
Council rule nor in traditional cant in the books but in new canons of conscience
which will command the member of the calling of justice to obey rules or morality
and utility.” Misconduct of advocates should thus be understood in a context-
specific, dynamic sense, which captures the role of the advocate in the society at
large.

17
 CONCLUSION
The Law Society has a statutory obligation to maintain and improve the professional
standards of the legal profession and to protect the public from inadequate advice
and representation. These obligations are fulfilled in various ways – through
education, investigation, intervention and support.
After entering the legal profession, the very first mantra to be heard by the clients is
“My case is urgent and everything must be done immediately”. That’s what your
client will tell you. It takes years to recognize the true emergencies and to learn to
read successfully those clients whose cases could wait. In the midst of all these, here
are few important points which a lawyer should always bear in mind to understand
his clients well and to establish a successful lawyer-client relationship.

18
 BIBLIOGRAPHY
WEB SOURCES
1)blog.ipleaders.in
2) www.actlawsociety.asn.au
3) onlinelibrary.wiley.com

19