Lawyer duties towards court and client

Lawyer duties towards court and client

LAWYER DUTIES TOWARDS COURT

An advocate is an officer of the court and his duty is to assist the Court in deciding a case on merits & in reaching to just and fair decision. He should be well equipped with the knowledge of law & the art of advocacy. He is the person who has to defend liberty, property & reputation of his client. All this is possible only, when he pay every respect carefully to Court, during process of a case.

Meaning: He is a person who engaged in practicing the profession of law.

Special Profession: The nature of employment of advocate shows special professional skills & care, which he ought to show in the performance of his duties. Above all he should be honest, hardworking and prudent, and he should leave no stone unturned in seeking of justice for his client.

Respectable Profession: The advocate has a very respectable profession & he is important member of society. In discharge of his duties to his client, he should not be hampered by any fear of opposite party or any witness.

Duties of Advocate towards Court: Following are duties of advocate towards court,

Maintenance of Court Dignity & Honour: He should always be respectful towards Court, maintain its dignity and honour, not for the sake of temporary incumbent of the judicial office but for maintenance of its supreme importance.

Not to mislead the Court: He should not mislead Court for any reason.

Not to take advantage of personal relations with the Judge: He must not communicate or argue privately with judges as regard to the merits of pending case, nor should, he try to take any advantage of personal relation with him.

Equip with law and facts: he must equip himself properly for the case, both on points of fact and law, so that he may assist judge in administration of justice.

Punctuality: He must be punctual & avoid delaying tactics.

Right & duty for complaint against judge: If there is any proper ground for a complaint against a judge, it is the right & duty of advocates to submit the grievance to the proper authorities in proper manner.

Not to deceive the Court: He should not deceive the court intentionally. He should correctly inform the court upon the law and facts of the case.

Not to coach witnesses: he should not coach the witnesses before their entrance in the witness box. Not to bribe the witness: In order to take false evidence in the court.

Courtesy and Mannerism: he should not display his temper. He should be patient and straight forward. Preparation of the case: He should be prepared for the case properly & should present his case in proper manner.

Prevention from Political consideration: It is necessary for an advocate to prevent himself from political consideration & from giving opinion about appointment or selection of judges.

Prevention from any media publications about the litigation: He shall not publish in newspaper any matter relating to pending or anticipated litigation. Engagement in public prosecution: primary duty of an advocate is to be engaged in public prosecution is not to convict, but to see that justice is done.

Lawyer Duties Towards Client An advocate is an officer of the court and his duty is to assist the Court in deciding a case on merits & in reaching to just and fair decision. He should be well equipped with the knowledge of law & the art of advocacy. He is the person who has to defend liberty, property & reputation of his client. All this is possible only, when he pay every respect carefully to Court, during process of a case.

Meaning: He is a person who engaged in practicing the profession of law.

Special Profession: The nature of employment of advocate shows special professional skills & care, which he ought to show in the performance of his duties. Above all he should be honest, hardworking and prudent, and he should leave no stone unturned in seeking of justice for his client.

Respectable Profession: The advocate has a very respectable profession & he is important member of society. In discharge of his duties to his client, he should not be hampered by any fear of opposite party or any witness.

Lawyer duties towards Client: The lawyer has important role to play as an advocate. He is an agent of his clients and has to plead their cases & relationship between them is that of confidence and trust. He has some duties towards client which are as under,

Faithful to his client: He should be faithful to his client.

Patience in hearing: He should give patient hearing to his client. He should fully know the facts of the matters known by the client because it is said that the client is the master of the facts of his case.

Not advise any violation of law: not advise his client in any case to violate law.

Better opinion: It is his duty to give better opinion to the client.

Advice to consult with other Advocate: If he could not make out the fact of case or law points, he shod give advice to client to consult with other advocate.

Reasonable Fee: He should not over charge to his client. He should keep in view the financial position of his client.

Not to share profit out of litigation: He should not share profit out of litigation of the case. If he does, it will be misconduct.

Secrecy of client: He should not share or disclose secrecy with opposite party.

Not to become witness: He should not become the witness of the case. He is not considered the party of the case. Nor misappropriate money or property of his client, retained under the order of the court.

To do anything to his client according to law for the benefits of his client.

Duty to give honest and sincere advice to his clients: He is responsible & faithful to his clients & he is always under a duty to give sincere advice to his clients. He should discourage foolish litigation & should also avoid giving perverted opinion on good case. If after examining a cause, a lawyer comes to conclusion, that his client’s case cannot or ought not to be sustained, he should promptly advise the client abandon it. Therefore, he must be very sincere & honest in giving opinion to his clients or in discharge of his duties.

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