DUTY OF ADVOCATE TOWARDS HIS

CLIENT- FIDUCIARY RELATIONSHIP:

• SUBMITTED BY: RIYA
• ENROLLMENT NUMBER:
21817703819
• SEMESTER &
SECTION:9TH E
• SUBJECT: LEGAL
ETHICS AND COURTS
CRAFT
• SUBMITTED TO: DR.
ANJALI
 INTRODUCTION:
• “Lawyers have their duties as citizens, but they also have special duties as lawyers. Their obligations go
far deeper than earning a living as specialists in corporation or tax law. They have a continuing
responsibility to uphold the fundamental principles of justice from which the law cannot depart.”

-Robert Kennedy
• There are duties of an advocate. As officers of the court and advocates of justice, advocates play a crucial role
in the legal system of India. Advocates are expected to fulfil their duties diligently, ethically, and in
accordance with the law to ensure the proper administration of justice.
• Bar Council of India Rules, also known as the “Standards of Professional Conduct and Etiquette” lays down
the specific duties and responsibilities of advocates.
• Any violation of the ethical duties and professional responsibilities by an advocate may result in disciplinary
proceedings before the Bar Council.
• Advocates are also subject to the jurisdiction of the courts, and the courts have the authority to take action
against advocates for any act of misconduct or breach of duties during court proceedings.
• Every advocate must follow these duties because they are part and parcel of the professional ethics and
etiquette. Whoever fails to oblige them, such an advocate is said to have committed professional misconduct
and be punished accordingly.
 DUTY TOWARDS CLIENT:
• Chapter – II of Part IV of Bar Council of India Rules (Rule 11 to 33) provides the provisions relating to advocate's duty to
client. Advocate's profession is a noble and honorable profession in the society. It is a public service. But at the same time it
should be kept in mind that it is not a bed of roses especially for the new entrants. An advocate has several duties to his
clients.
• The clients generally prefer an advocate who is hard working. They mostly trust on the workmanship of the advocate, whom
they can easily reach and explain their difficulties. Most of the clients prefer an advocate who dedicates his entire time to the
clients and especially who is polite with the clients. The duty- consciousness lawyer, once his engagement is final, sticks to
the preparation of that case in facts and laws with such tenacity that he leaves no efforts from his side to win the case of his
clients on merits by all legal means.
• It is the duty of the lawyer to take up the particular file and has to start making preparation even if the client is present or not.
Such preparation of the file has to take place with the views that are already shared by his clients. The duty of the advocate is
to never shrikes from devoting time, not only in the interest of his client, but also to satisfy his own duty- conscious nature
which singles him out from his profession.
• An advocate needs to be polite, friendly and dedicated towards protecting the interests of his client without resorting to legal
malpractices.
• Some of the duties of an advocate towards his client are that he should not reveal the secrets of his clients, should not give
improper or illegal advice, should not indulge in conspiracy with the opposite party, should not accept bribes or gifts, should
not present forged pieces of evidence, etc.
CONT...
• Advocates' job is a virtuous and a decent one in society. It is a public service. Simultaneously, it is very difficult
for an advocate to come into the competition of those beast advocates already holding the position. It is important
to win over the hearts of the clients because they want their attorneys to be hard-working and result-oriented. Most
of the time clients prefer their advocates to be trustworthy and of workmanship whom they easily can reach and
explain their difficulties. Clients prefer their advocates to be polite with them and devote their entire time to them.
After the engagement of the attorney and client, advocates must stick to the facts and make out the relevant laws to
win the case and the clients as well. The advocate must take the file of the case and start working on it even if the
client is present or not and the working of the advocate has to be in correspondence with the opinions of the client
shared. There are two kinds of relationship between the client and the advocate:
• Contractual Relationship: This type of relationship is a contract-based relation between the two that when the
case is awarded the relationship is then ended or it is ended with the time of the contract. In India, clients are
generally with the thought that if the advocate is with a strong background only then they come into the
relationship. When the cause of the case is heard by the advocate, it is up to him to decide whether he wants to
take the case or not. If the advocate agrees, he will charge a fee and if the client is ready to pay the amount, then
the contract is made. If the client fails to pay the amount, then the advocate has certain rights relevant.
• Fiduciary Relationship: In this kind of relationship, the client approaches the advocate and opens up about a
secret or some privileged information that is related to his life then the advocate has to keep this hidden all his life
and never tell anyone. Fiduciary Relationship is a kind that never ends Rule 33 of The BCI enshrines that an
advocate should not switch the parties and give proper advice to his clients.
 FIDUCIARY RELATIONSHIP:
• A fiduciary relationship is that of trust and confidence. Any client expects their lawyer to maintain a high degree of fidelity and good
faith as their confidential information rests with the lawyer as they need to know the details of the case in order to find out the best
way to pull their clients out of the legal trouble or query.
• The relationship between an Advocate and a client is highly fiduciary, and it is the duty of an advocate fearlessly to uphold the
interests of the client, and give him justice, established a good relationship with the client with an object the client can easily share any
matter with an advocate.
• Fiduciary relationship is the relationship which never ends. If a client approaches the advocate and discloses the confidential
information of his life then this kind of information comes under fiduciary relationship which the advocate has to keep it as a secret
and not disclose it all his life.
• An advocate should not be involved in any kind of conspiracy or should not be involved in any sort of collusion with the other party.
• 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.
• The relationship between an advocate and his client is very fiduciary. The client is the one who has the utmost belief towards his
advocate. It is the duty of the Advocate to take care of the interest of his client and tell him the exact laws and provision of the
particular case and what are the remedies. He should not hurt the interest of his client by any of his acts or omission in any manner.
• The relationship between an advocate and his client is totally based on trust and belief. An advocate should always ensure that the
interest of his client should never hurt by any act or omission of his own. An advocate should also defend a person who has been
accused of a crime, keep all his personal views and opinions aside as to the guilt of the accused and must not take his client for
granted.
 PRIVILEGED COMMUNICATIONS:
• A "privileged professional communication" is a protection awarded to a communication between the legal adviser and
the client.
•A vital principle in the client and advocate relationship is that, in the absence of the client's accord, the lawyer must not
reveal any information shared with the lawyer by the Client. This underwrites the faith that is the symbol of the client and
advocate relationship. The client is thereby encouraged to seek legal assistance and to communicate with the lawyer
without any reservations and fear that such information may be seeped or may be damaging to the disclosing party.
•If law will not protect such communications, no individual would dare to consult a lawyer for his defense or rights.
•Although, regarding Confidentiality of information (Client – lawyer information share) India does not have any specific
legislation but we still have plentiful laws that ordain that such information (information disclosed to lawyer by the
Client) should be protected and the same shall not be divulged further without the active consent of the Client.
•The position of law in India on privileged professional communications between clients and legal advisors are dealt
under sections 126 to 129 of the Indian Evidence Act, 1872.
•Section 126 of the Act provides the scope of privilege attached to professional communications in a client attorney
setting. It restricts attorneys from disclosing any communications exchanged with the client and stating the contents or
conditions of documents in possession of the legal advisor
•Section 127 extends the privilege provided under section 126 to the interpreters, clerks and servants of the legal advise.
•Section 129 lays down that no one shall be compelled to disclose to the court any confidential communication which has
taken place between Client and his legal professional adviser.
BAR COUNCIL OF INDIA RULES:
• DUTY TO NOT DISCLOSE ANY CONFIDENTIAL INFORMATION OF HIS CLIENT– Rule 17 of the
BCI Rules states that Section 126 of the Indian Evidence Act, 1872, imposes an obligation on the advocate from
not disclosing any privileged or confidential information about his client. This obligation on the advocate
continues even after his employment has ceased or ended.
• The advocate must not disclose any information given to him by his client to engage him as his advocate. The
advocate must not disclose the content of any document with which he has been acquainted during his
engagement. He must also not disclose any advice given him to his client.
• However, an advocate is not obligated not to disclose any information about any communication between him and
his client during his engagement regarding committing any illegal act or achieving any illegal purpose. An
advocate can disclose any information regarding the commission of any crime or fraud about which he came to
know through or on behalf of his client during his employment. An advocate can disclose any information or
communication if he gets consent from his client for disclosure.
• DUTY TO NOT TO TAKE UNDUE ADVANTAGE OF THE TRUST OF THE CLIENT– Rule 24 of the BCI
Rules, provides that an advocate shall not abuse the trust or take undue advantage of the confidence reposed on
him by his client.
• Rule no 4: An advocate should not by any means, directly or indirectly, disclose the communications made by his
client to him.
• Rule 15: An advocate should not misuse or takes advantage of the confidence reposed in him by his client.
CONT...
• An advocate shall not change the parties. Rule 33 of the bar council of India rules
provides for the same. It is also professional ethics. For example, if there are two rival
parties A and B. A approaches X- an advocate, and seeks his advice after explaining all
the facts of the case, weaknesses and strengths. After obtaining his opinion, A gives his
case to Z – another advocate. If B approaches X asking him to defend on his behalf, it is
professional ethics of X to refuse the brief of B, being fully informed about the case by
A.
• It is the duty of the advocate to give proper advice to his client. Rule 32 of the bar
council of India provides that an advocate is not supposed to lend his money to his
client for any kind of legal proceedings. But there is an explanation which says that and
advocate cannot be pronounced as guilty if he does something that breaches the above
said rule. It is more like an exception but given as explanation.
 LOYALTY TO 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.
• 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.
• 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.
• Only work as per the instruction of the client or the client’s agent.
• 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.
CASE LAWS:
• In the case of V.C. Rangadurai v. D. Gopalan (1979):
• FACTS: In this case V. C. Rangadurai was an advocate and Devasenapathy was an old deaf man, aged 70
years and Smt. D. Kamalammal was also aged. They had given two promissory notes to rangadurai and also
paid the fees as was asked to the advocate. Nevertheless, the advocate did not file the case in time. The
limitation was over. After a long time of wandering around the office of the advocate, the old man came to
know that the advocate deceived him by not filing the cases within the time even after receiving the fees.
• He filed a complaint before disciplinary committee of the Tamilnadu state bar council which after enquiry
punished the advocate suspending him for 6 years. On appeal, it was confirmed by the Bar council of India
and also by Supreme Court. Rule 6 of Chapter II of Part- VI of the Bar Council Rules states that an advocate
shall not appear, act, plead or practice before the court if any member is related to the advocate as father,
son, wife etc. the main object is to avoid personal bias between an advocate and presiding officer related to
such advocate. Due to natural love and affection, the judge may incline towards the advocate, thus to favour
the client of the advocate related to him or her.
• The Court observed that the relation between the advocate and his client involves the highest personal trust
and confidence. Thus, their relationship cannot be completely treated as purely professional owing to the
confidential nature of the information that the client gives to his lawyer. Thus, the lawyer-client relationship
is purely fiduciary in nature.
• In “Pankaj Versus State of Maharashtra”, the Hon’ble Bombay High Court on 06.04.22 held that the
lawyer-client relationship is a fiduciary one; any act which is detrimental to the legal rights of clients needs to
be punished.
• Memon Hajee Haroon Mahomed versus Abdul Karim, [1878] 3 Bom. 91
• In this case, the Hon’ble Bombay High Court opined that a communication by a party to his pleader must be of
a confidential nature.
• Municipal Corporation of Greater Bombay versus Vijay Metal Works, AIR 1982 Bom 6
• The Bombay High Court in this case held that a salaried employee who advises his employer on all legal
questions and also other legal matter would get the same protection as others under Sections 126 and 129 of
the Evidence Act and even otherwise these communications are properly covered by these sections.
• Dr Karamjit Singh Versus State of Punjab, AIR 2010(NOC) 699 (P&H):
• In this case, the Hon’ble Punjab & Haryana High Court held that communications made between advocates
and clients are not entitled for access under Right to Information Act, 2005.
• In “Justice K.S. Puttaswamy (Retd) Versus Union Of India And Ors, Writ Petition (Civil) No. 494 of
2012”, the Hon’ble Supreme Court held that Professional Communication between advocate and client fall
within the ambit of the right to privacy.
• P.D. Gupta vs. Ram Murti (AIR 1998 S.C 283)
• Supreme Court held that buying the disputed property of the client is professional misconduct.
• An advocate should not charge any unreasonable or arbitrary fees to his client; he should charge
reasonable fees to the client.
• It is the most essential and ethical duty of an advocate is to give money which the court has given in the
name of the client to the client only and not to keep it for his own profit.

• Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548)

• In this case, the Supreme Court held that the money was not given to the client who was issued in the
name of the client by the court and thus the name of the advocate had been removed from the roll of
advocates.
• Advocates’ behaviour towards his client should be kind and polite. He should treat his client nicely. He
should give his best to get justice for his client. He should never manipulate a client and give proper
advice to the client.
CONCLUSION:
• An advocate should always ensure that the interests of the client are not in any manner hurt by his acts or
omissions. He must always confront his client about the real facts of the particular law and to astray them from
the path. Lawyers are obliged to maintain the confidentiality of their clients. The relation between a lawyer
and a client is based upon the trust and faith which comes hand in hand.
• He must always act in the best interests of his clients and should not do any kind of act that betrays their trust
upon him. All these duties, ethics and morals help an advocate to be in a better position in his career and
become a successful lawyer.
• In the changing world of legal practice, a high standard of ethics and professional conduct is the only tool that
can ensure a stimulant justice system and it would also restore the faith of clients on it. Considering the
lawyer-client relationship is a fiduciary one, a breach of confidentiality can be punished.
• There are many clients legal rights using which client can get justice from court against the unjust done by
their advocate.