A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
1. Duties Of An Advocate Towards His Client
It is seen that the relationship between a lawyer and a client is highly
fiduciary and it is the duty of an advocate fearlessly to uphold the
interests of the client by fair and honorable mainly means without regard
to any unpleasant consequences to himself or any other person.
Duty to charge reasonable fees
A civil advocate in Indore must charge a fee consistent with his standing
at the bar and the nature of the case. The Constitution of India makes
provision for the high courts to settle the table of fees payable to
advocates practicing before them. An advocate must not stipulate a fee
contingent on the results of litigation or agree to share the proceeds of
2. litigation. This is because giving the lawyer an interest in the subject
matter of the suit is against professional ethics and violative of public
policy.
Duty to make full and frank disclosure
A lawyer mainly ensures, at the current commencement of his
engagement and during its continuation, always make allfull and frank
disclosures to his client relating to his connection with the parties, and of
any interest he may have in and, or about the controversy, as is likely to
affect his client's judgment in engaging him on continuing the
engagement.
Duty to ensure no conflict of interest
An advocate must always make a duty not to accept any engagement in a
trial in which he may have to givetestimony, although there is no rule of
evidence disqualifying counsel from mainly giving evidence in a suit in
which he is engaged. The top civil advocate in Indoreis not entitled to
act in a professional capacity as well as a constituted attorney of a party
in the same matter or cause.
3. Duty of care to a client
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 defend a
person accused of a crime, regardless of his personal opinion as to the
guilt of the accused and must not abuse or take advantage of the
confidence reposed in him by the client.
Duty to maintain confidentiality
The relation between a lawyer and a client involves the highest degree of
personal trust and confidence. The Indian Evidence Act specifically
provides that no lawyer is any time permitted, to disclose any
communication made between his client and himself during the course
of the engagement unless it is with his client's express permission.
Duto to act only on clients instructions
Mainly the engagement of a lawyer comes to an end when the client
becomes unable to giveinstructions because of his mental illness or other
reasons. The best civil advocates in Indoreacting on the instructions of
an agent and not the instructions of the client commits professional
misconduct.
Duty to the law
Though a top lawyer in Indorehas the duty to represent his client to the
best of his ability, he should not neglect the fact that his loyalty is to the
law. So, an advocate must also not be a party to fomenting of litigation.
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