PROJECT WORK ON THE TOPIC TITLED:

CASE LAWS ON ADVOCATE’S DUTY TOWARDS CLIENT

Submitted to: Dr. Anshuman Pandey

(Faculty of Professional Ethics)

Submitted by: Rajeev Ranjan

Roll No.-1360
9th Sem, 5th Year
B.A.LL.B(Hons.)

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001
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 ACKNOWLEDGEMENT
I would like to thank my faculty Anshuman Sir whose guidance helped
me a lot with structuring my project. I owe the present accomplishment of
my project to my friends, who helped me immensely with materials
throughout the project and without whom I couldn’t have completed it in
the present way.

I would also like to extend my gratitude to my parents and all those unseen
hands who helped me out at every stage of my project.

THANK YOU,

RAJEEV RANJAN
Roll No. 1360

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RESEARCH METHODOLOGY
Aims and Objectives:

The aim of this research paper is to present a detailed study on the duties of advocate towards
client.

Scope and Limitations:

The researcher has used the doctrinal method and has relied on the secondary sources for the
content of the research paper. The scope of this research was very vast but the researcher had tried
his best to elaborate each & every important aspects of this topic.

Chapterisation:

The project has been divided into three chapters :

The first chapter deals with the introduction part.

The second deals with related provisions.

The third chapter deals with important case laws.

Sources of Data:

The researcher has relied on the following secondary sources of data:

• Books
• Websites
Method of Writing

The method of writing followed in this project is both analytical and descriptive.

Mode of Citation

The researcher has followed a uniform mode of citation in this project.

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S.No PARTICULARS PAGE

1. ACKNOWLEDGEMENT 2

2. RESEARCH METHODOLOGY 3

3. CHAPTER 1 5-6

4. CHAPTER 2 7-9

5. CHAPTER 3 10-12

7. BIBLIOGRPHY 13

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THE LEGAL PROFESSION IN INDIA

India has the world’s second largest legal profession with more than 600,000 lawyers. The
predominant service providers are individual lawyers, small or family based firms . Most of the
firms are involved in the issues of domestic law and majority work under country’s adversarial
litigation system. The conception of legal services as a ‘noble profession’ rather than services
resulted in formulation of stringent and restrictive regulatory machinery. These regulations have
been justified on the grounds of public policy and ‘dignity of profession’ . The judiciary has
reinforced these principles, which can be reflected in words of Justice Krishna Iyer, when he
noted, Law is not a trade, not briefs, not merchandise, and so the heaven of commercial
competition should not vulgarize the legal profession. However over the years courts have
recognized ‘Legal Service’ as a ‘service’ rendered to the consumers and have held that lawyers are
accountable to the clients in the cases of deficiency of services. In the case of Srinath V. Union of
India(AIR 1996 Mad 427) Madras High Court held that, in view of Sec. 3 of Consumer Protection
Act, 1986. Consumer redressal forums have jurisdiction to deal with claims against advocates.
Sec. 2 (U) of competition Act, 2002 defines the term ‘Service’ along the lines of consumer
protection Act, 1986. Thus it may be concluded that legal services are becoming subject of trade
related laws where consumerism and market forces should be given adequate space.

Changing Face of Legal Profession

Globalization brought about a revolution in international trade with increasing participation and
involvement of countries & greater access to domestic economies. The implication of the same on
the legal service sector has been both quantitative and qualitative. The past decade has been mini-
revolution in legal service sector with the greatest legal impact on corporate legal arena Activities
in project financing, intellectual property protection, environmental protection, competition law,
corporate taxation, infrastructure contract, corporate governance and investment law were almost
unknown before 90’s. Number of Law firms capable of dealing such work was very few . It is
evident that need of professional service has been tremendous in the legal service sector. In last
few years Law Firms, in house firms and individual lawyer’s expertise in providing legal services
in corporate sector has increased by several times. These new Law Firms primarily engage and
loan instrument, writing infrastructural contracts, power contract, drafting of project finance,
contracts, finalizing transnational investment, joint venture and technology transfer contracts. This
is discerning shift in the disposition of emerging legal sectors towards settling disputes through
ADRS rather adversarial litigation mode of dispute resolution Globalization has thus expanded the
internal and external demand for legal services .Today in legal services is on inevitable fact. At
the same time significant for progressive development of legal profession in India in this era of
Globalization.

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Legal Service Sector

The term legal services sector is completely, different type of services as compared to software
programming, medical practice or other professional services. Though it is more or less protected
from intrusion due to the fact that its traditional base is derived not only from statutes and the
existence of statutory bodies but also from conservative and traditional mind set that inhibit
development of cross border services supply. Even globally the legal services sector is necessarily
shackled by jurisdictional constraints such of the requirement for a degree from the country where
the service is to be imparted. Some local considerations apply only to certain aspects of legal
services and not to others. Where the local considerations are important they must be preserved
and exceptions made, must only for global market access. Thus on the one hand there is the need
to be part of a global fraternity and to make beneficial commitments that promote trade in services
and on the other hand there is need to preserve national interest.
Professional ethics are a set of norms or codes of conduct, set by people in a specific profession. A
code of ethics is developed for each profession. Suppose you write articles in a newspaper.
Professional ethics require that you verify facts before you write that article, isn’t it? Simply put,
professional ethics for lawyers in India lay down a set of guidelines, which defines their conduct
in the profession that is highly competitive and dynamic. Indian law requires lawyers to observe
professional ethics to uphold the dignity of the profession.
People are surprised when they hear that lawyers are expected to follow professional ethics and
that they are accountable for dishonest, irresponsible and unprofessional behavior. Further, most
people do not know that lawyers in India can lose the license to practice if they are found guilty of
unethical practices that tarnish the dignity of their profession. A lawyer must adhere to the
professional norms, for fair dealing with his client and to maintain the dignity of the profession.

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DUTIES OF AN ADVOCATE TOWARDS HIS CLIENT IN INDIA
Advocate has fiduciary relationship with his client. He has to serve the interest of his client by
protecting him in the litigation to the best of this capacity and ability in the court of law. He is not
only an agent for his client rather something more than that. Although the relationship of an
advocate with his client is of contractual nature still it involves the highest order of trust and
confidence. Although their relationship is akin to that of an agent and principal, but it is essentially
a relationship of faith and fidelity.
Section 11 of the Bar Council of India Rules provides for the duties of advocates towards his
clients. According to Bar Council of India Rules as provided hereunder following are the duties of
an advocate towards his client:
Rule 11. An advocate is bound to accept any brief in the Courts or Tribunals or before any
authority in or before which he professes to practise at a fee consistent with his standing at the Bar
and the nature or the case. Special circumstances may justify his refusal to accept a particular brief.
Rule 12. An advocate shall not ordinarily- withdraw from engagements once accepted without
sufficient cause and unless reasonable and sufficient notice is given to the client. Upon his
withdrawal from a case, he shall refund such part of the fee as has not been earned.
Rule 13. An advocate should not accept a brief or appear in a case in which he has reason to believe
that he will be a witness and if being engaged in a case, it becomes apparent that he is a witness
on a material question of fact, he should not continue to appear as an Advocate if he can retire
without jeopardising his client's interests.
Rule 14. An advocate shall, at the commencement of his engagement and during the continuance
thereof, make all such full and frank disclosures to his client relating to his connection with the
parties and any interest in or about the controversy as are likely to affect his client's judgment in
either engaging him or continuing the engagement.
Rule 15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all
fair and honorable means without regard to any unpleasant consequences to himself or any other.
He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of
the accused, bearing in mind that his loyalty is to the law which requires that no man should be
convicted without adequate evidence.
Rule 16. An advocate appearing for the prosecution in a criminal trial shall so conduct the
prosecution that it does not lead to conviction of the innocent. The suppression of material capable
of establishing the innocence of the accused, shall be scrupulously avoided.
Rule 17. An advocate shall not directly or indirectly, commit a breach of the obligations imposed
by Section 126 of the Indian Evidence Act.
Rule 18. An advocate shall not, at any time, be a party to fomenting of litigation.
Rule 19. An advocate shall not act on the instructions of any person other than his client or his
authorized agent.

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Rule 20. An advocate shall not stipulate for a fee contingent on the results of litigation or agree to
share the proceeds thereof.
Rule 21. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or
interest in any actionable claim. Nothing in this Rule shall apply to stock, shares and debentures
or Government securities, or to any instruments which are, for the time being, by law or custom
negotiable, or to any mercantile document of title to goods.
Rule 22. An advocate shall not, directly or indirectly, bid for or purchase, 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. This prohibition, however, does not prevent an advocate from
bidding for or purchasing for his client any property which his client may himself legally bid for
or purchase, provided the advocate is expressly authorized in writing in this behalf.
Rule 23. An advocate shall not, adjust fee payable to him by his client against his own personal
liability to the client, which liability does not arise in the course of his employment as an advocate.
Rule 24. An advocate shall not do anything whereby he abuses or takes advantage of the
confidence reposed in him by his client.
Rule 25. "An advocate should keep accounts of the clients, money entrusted to him, and the
accounts should show the amounts received from the client or on his behalf, the expenses incurred
for him and the debits made on account of fees with respective dates and all other necessary
particulars.
Rule 26. Where moneys are received from or' on account of a client, the entries in the accounts
should contain a reference as to whether the amounts have been received for fees or expenses, and
during the course of the proceedings, no advocate shall except with the consent in writing of the
client concerned be at liberty to divert any portion of the expenses towards fees.
Rule 27. Where any amount is received or given to him on behalf of his client, the fact of such
receipt must be intimated to the client as early as possible.
Rule 28. After the termination of the proceeding 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.
Rule 29. Where the fee has been unsettled, the advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceedings 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.
Rule 30. A copy of the client's account shall be furnished to him on demand provided the necessary
copying charge is paid.
Rule 31. An advocate shall not enter into arrangements whereby funds in his hands are converted
into loans.

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Rule 32. 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.
Explanation:- -An advocate shall not be held guilty of a breach of this rule, if in the course of a
pending suit or proceeding, and without any arrangement with the client in respect of the same,
the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on
account of the client for the progress of the suit or proceedings.
Rule 33. 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.

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IMPORTANT CASE LAWS

Svenska Handelsbanken vs Indian Charge Chrome Ltd1

Therefore, it is the solemn duty of an advocate not to transgress the authority conferred him by the
client. It is always better to seek appropriate instructions from the client or his authorized agent
before making any concession which may, directly or remotely, affect the rightful legal right of
the client. The advocate represents the client before the Court and conducts proceedings on behalf
of the client. He is the only link between the Court and the client. Therefore, his responsibility is
onerous. He is expected to follow the instructions of his client rather than substitute his judgment.
Generally, admissions of fact made by a counsel is binding upon their principals as long as they
are unequivocal; where, however, doubt exists as to a purported admission, the Court should be
wary to accept such admissions until and unless the counsel or the advocate is authorized by his
principal to make such admissions.
Furthermore, a client is not bound by a statement or admission which he or his lawyer was not
authorized to make. Lawyer generally has no implied or apparent authority to make an admission
or statement which would directly surrender or conclude the substantial legal rights of the client
unless such an admission or statement is clearly a proper step in accomplishing the purpose for
which the lawyer was employed.
Neither the client nor the Court is bound by the lawyer’s statements or admissions as to matters of
law or legal conclusions. Thus, according to generally accepted notions of professional
responsibility, lawyers should follow the client’s instructions rather than substitute their judgment
for that of the client.
In some cases, lawyers can make decisions without consulting client. While in others, the decision
is reserved for the client. It is often said that the lawyer can make decisions as to tactics without
consulting the client, while the client has a right to make decisions that can affect his rights.
Lt. Col. S.J. Chaudhary v. State (Delhi Administration2
The HC had directed that a criminal trial go on from day to day. Before this Court it was urged
that the Advocates were not willing to attend day to day as the trial was likely to be prolonged. It
was held that it is the duty of every advocate who accepts a brief in a criminal case to attend the
trial day to day. It was held that a lawyer would be committing breach of professional duties if he
fails to so attend.

1
Svenska Handelsbanken vs Indian Charge Chrome Ltd, 1994 SCC (2) 155)

2
MANU/SC/0094/1984: 1984CriLJ340

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Lalit Mohan Das vs. Advocate General, Orissa & Another3
The Supreme Court observed as under: "A member of the Bar undoubtedly owes a duty to his
client and must place before the Court all that can fairly and reasonably be submitted on behalf of
his client. He may even submit that a particular order is not correct and may ask for a review of
that order. At the same time, a member of the Bar is an officer of the Court and owes a duty to the
Court in which he is appearing. He must uphold the dignity and decorum of the Court and must
not do anything to bring the Court itself into disrepute. The appellant before us grossly overstepped
the limits of propriety when he made imputations of partiality and unfairness against the Munsif
in open Court. In suggesting that the Munsif followed no principle in his orders, the appellant was
adding insult to injury, because the Munsif had merely upheld an order of his predecessor on the
preliminary point of jurisdiction and Court fees, which order had been upheld by the High Court
in revision. Scandalizing the Court in such manner is really polluting the very fount of justice;
such conduct as the appellant indulged in was not a matter between an individual member of the
Bar and a member of the judicial service; if brought into disrepute the whole administration of
justice."
M.Y. Shareef & Anr. Vs. Hon'ble Judges of Nagpur High Court & Ors.,4
A lawyer cannot be a mere mouthpiece of his client and cannot associate himself with his client in
maligning the reputation of judicial officer merely because his client failed to secure the desired
order from the said officer. A deliberate attempt to scandalize the Court which would shake the
confidence of the litigating public in the system and would cause a very serious damage to the
name of the judiciary.
Sau. Lilabai @ Kalipili Shankar ... vs State Of Maharashtra
The accused was facing Sessions trial on the ground that she was a neighbour of deceased Sadhana.
There was an alleged incident of stone pelting on the house of the accused on the earlier day,
regarding which she had a suspicion in respect of involvement of deceased Sadhana. On the
following day, on 23-12-2004, the 3 apeal760.08.odt appellant abused Sadhana and poured
kerosene on her person and set her ablaze by lighting a matchstick, which resulted in sustaining
31% burn injuries by Sadhana. She died on 03-01-2005. Ten witnesses were examined by the
prosecution. It appears from the evidence on the record that appellant/accused Lilabai was
represented by two Advocates namely Shri D.W. Deshmukh and Shri Hiwrale.
Despite the above fact, the court found that the accused remained undefended as her Advocate on
record was absent in the trial Court at the crucial stage when the medical witness i.e. Dr. Sheetal
Thorat (PW-9) was required to be cross-examined. On the ground that the Advocate for the accused
remained absent though called for several times and had left the Court, an order was passed on
application (Exh.48) and when the witness was called, the learned trial Judge, instead of taking
steps to insist upon the presence of the Advocate for the accused, unfortunately chose to proceed
further in the absence of her Advocate and called upon the illiterate accused to cross-examine the

3
AIR 1957 SC 250.
4
(1955) 1 SCR 757; Shamsher Singh Bedi vs. High Court of Punjab & Haryana, (1996) 7 SCC 99 .

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medical witness. The accused could not cross-examine the medical witness. Thus, the accused was
denied of the necessary assistance of a Counsel to cross-examine an important witness whose
evidence was crucial to judge the nature of crime and the alternative 4 apeal760.08.odt
probabilities if brought on record, could have helped the accused to defend her case effectively in
a murder trial. The accused facing serious Sessions trial is entitled to insist upon the presence of
his/her Advocate who was engaged during the trial. Under Section 303 of the Code of Criminal
Procedure, the accused is entitled to be defended by an Advocate of his/her choice. Such an
Advocate or Counsel, who has accepted criminal brief, is bound to attend the trial/proceedings as
it is his professional duty towards his client to defend his client. His absence from the Court without
any just and reasonable cause may be actionable as a professional misconduct.

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BIBLIOGRAPHY

BOOKS:
1. DR. KAILASH RAI, LEGAL ETHICS ACCOUNTABILITY FOR LAWYERS
AND BENCH-BAR RELATIONS
2. J.P.S SIROHI, PROFESSIONAL ETHICS,ACCOUNTANCY FOR LAWYERS
& BENCH BAR RELATIONS
WEBSITES:
1. www.barcouncilofindia.org › about › rules-on-professional-standards
2. https://sci.gov.in › pdf › aorexam › Lecture regarding Professional ethics
3. https://lawcorner.in › Articles › Blogs-Lawyers-duty-towards-client
4. https://www.srdlawnotes.com › Professional Ethics
5. https://www.onlyadvocate.com › rules-duty-advocate-towards-client

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