PROFESSIONAL ETHICS

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

NATIONAL LAW UNIVERSITY ODISHA

B.A. LL.B. (2012-17)
IX SEMESTER

SUBMITTED TO:
Ms. Kasturi Bhagat

SUBMITTED BY:
Aman Kumar Devanda (2012/BA LLB/008)
Lalit Meena (2012/BA LLB/027)
Rajan Kumar Meena (2012/BA LLB/039)

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

TABLE OF CONTENTS

TABLE OF CONTENT
I.

INTRODUCTION ............................................................................................................ 2
RULES OF CONDUCT FOR AN ADVOCATE ............................................................................. 3
DUTY OF A LAWYER TOWARDS THE CLIENT ......................................................................... 4
DUTY TO ACCEPT ANY BRIEF ................................................................................................ 4
DUTY NOT TO WITHDRAW FROM ANY ACCEPTED ENGAGEMENTS ......................................... 4
DUTY TO FOLLOW HONORABLE MEANS FOR THE INTERESTS OF HIS CLIENT.......................... 5
DUTY OF NOT RECEIVING ANY SHARE OR INTEREST IN ANY ACTIONABLE CLAIM RELATED TO
CLIENTS CASE

...................................................................................................................... 5

DUTY RELATED TO PAYMENT OF FEES .................................................................................. 6

CONFLICTS OF INTEREST ...................................................................................................... 7
DISCLOSURE ........................................................................................................................ 8
CONFIDENTIALITY ............................................................................................................... 8
CONFLICTS OF INTEREST ...................................................................................................... 8
FOLLOWING INSTRUCTIONS OF CLIENT ................................................................................ 8
CLEAR COMMUNICATION ..................................................................................................... 8
HANDLING CLIENTS MONEY ................................................................................................. 9
NO ADVERTISING TO GET CLIENTS ....................................................................................... 9
II. CASES ............................................................................................................................. 10
SOURENDRA NATH MITRA V. TARUBALA DASI ................................................................. 10
PANDURANG DATTATRAYA KHANDEKAR V. BAR COUNCIL

OF

MAHARASHTRA, BOMBAY

AND ORS. ........................................................................................................................... 11

HARISH CHANDRA TIWARI V. BAIJU .................................................................................. 12

III.

CONCLUSION ........................................................................................................... 13

PAGE | 1

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

I.

INTRODUCTION

Advocates have the dual responsibility of upholding the interests of the client
fearlessly while conducting themselves as officers of the court. Accordingly, they are
expected to adhere to the highest standards of probity and honour. An advocates conduct
should reflect their privileged position in society which derives from the nobility of this
profession.1In a nut shell, if client are an advocate Clients service to the common man should
be compassionate, moral and lawful.The rules mentioned in the Chapter II, Part IV of the Bar
Council of India Rules on standards of professional conduct and etiquette shall be adopted as
a guide for all advocates in conducting matters related to law.2
The word ethics is derived from the Greek work ethos (character), and from the
Latin word mores (customs). It is how individuals choose to interact with one another. Legal
profession is a noble profession maintained by the adherence and observance of a set of
professional norms by those who adopt this profession.3 It is known as the ethics of the legal
profession and the fundamental of the legal ethics is to maintain the dignity of the law
profession, to secure a friendly cooperation between the Bench and Bar and the promotion of
higher standard ofjustice, to establish fair dealings between the counsel and the client and to
establish a spirit of brotherhood with the bar.4
In our legal system, the Advocate/client relationship has long been recognised as a
fiduciary relationship. The term fiduciary means trust, so in a fiduciary relationship one
person (the client) places his or her confidence, good faith, reliance and trust in another (the
Advocate), whose advice is sought in some matter.5
In all civilized societies, the legal profession occupies a unique and responsible
position. Sir Owen Dixon, the great Australian lawyer and later Chief Justice of his country,
said in his address on the eve of taking oath of office:
It is the duty of the barrister to stand between the subject and the Crown,
and between the rich and the poor, the powerful and the weak. It is necessary that
1

https://www.indianbarassociation.org/membership/members-code-of-conduct/
http://www.slideshare.net/Ravilakhani/professional-ethics-for-legal-person
3
https://www.indianbarassociation.org/membership/members-code-of-conduct/
4
http://www.slideshare.net/Ravilakhani/professional-ethics-for-legal-person ((last updated on April 3, 2016).
5
http://www.legalservicesindia.com/article/article/professional-misconduct-of-lawyers-in-india-1665-1.html
2

PAGE | 2

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

while the Bar occupies an essential part in the administration of justice, the
barrister would be completely independent and work entirely as an individual
drawing his own resources of learning, ability and intelligence.
Legal profession is not a business but a profession. It has been formed by the state for
public good. Consequently, the essence of the profession lies in the following:6
1.

Maintenance of certain standards, intellectual and ethical for the dignity of the
profession.

2.

Organization of its members for the performance of its functions.

3.

Subordinate of pecuniary gains to efficient services.

RULES OF CONDUCT FOR AN ADVOCATE
The Bar Council of India has framed standard of conduct and etiquettes of the Bar.

They are called rules, and have been made in exercise of its rule making power. 7 The Rules
covered by the Bar Council are statutory.
The following are a highlight for the rules of conduct:8

In no circumstances may a lawyer be a party to a breach of law.

A lawyer may advise a client how to avoid a legal burden or restriction but is not
bound to lend his services to an attempt to evade the policy of law.

No lawyer owes a duty to the court to assist it in the administration of justice, and
with respect to certain matters this duty overrides his duty to clients.
As Dinker in his Legal Ethics observes,A lawyer will be constantly
confronted with conflicting loyalties which he may have to reconcile. He is
answerable not only to his client whose interests it is his primary duty to serve and
promote, but also to the Court of which he is an officer and further to his

Members Code of Conduct, https://www.indianbarassociation.org/membership/members-code-of-conduct/

(last updated on April 3, 2016).
7
Sec. 49 (1) (c) of Advocates Act, 1961.
8
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/, (last updated
on April 3, 2016).

PAGE | 3

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

colleagues at the Bar and to the traditions of the Profession.9

DUTY OF A LAWYER TOWARDS THE CLIENT
An advocate shall, at all times, comport himself in a manner befitting his status as an
officer of the Court, a privileged member of the community, and a gentleman, bearing in
mind that what may be lawful and moral for a person who is not a member of the Bar, or for a
member of the Bar in his non-professional capacity may still be improper for an advocate.10
Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly
uphold the interests of his client and in his conduct conform to the rules hereinafter
mentioned both in letter and in spirit.11 The rules hereinafter mentioned contain canons of
conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be
construed as a denial of the existence of others equally imperative though not specifically
mentioned.
DUTY TO ACCEPT ANY BRIEF
An advocate is bound to accept any brief in the Courts or Tribunals or before any
other authorities in or before which he proposes to practise at a fee consistent with his
standing at the Bar and the nature of the case.12 Special circumstances may justify his refusal
to accept a particular brief. Although, advocate also have a duty not to 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 clients
interests.13
DUTY NOT TO WITHDRAW FROM ANY ACCEPTED ENGAGEMENTS
An advocate shall not ordinarily withdraw from engagements, once accepted, without
sufficient cause and unless reasonable and sufficient notices is given to the client.14 Upon his
9

Miruthika
Nataraj,
Legal
vs.
Ethical,
http://ijesls.com/Legal%20Vs%20Ethical%20%20Miruthika%20Nataraj.pdf
10
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
11
http://blog.ipleaders.in/right-of-a-lawyer-to-practice-in-india-and-duties-of-a-lawyer/
12
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
13
Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c)
14
http://www.legalblog.in/2011/05/duties-and-conduct-of-advocates-supreme.html

PAGE | 4

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

withdrawal from a case, he shall refund such part of the fee as has not been earned. Although,
advocate also have a duty not to 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 clients interests.15
DUTY TO FOLLOW HONORABLE MEANS FOR THE INTERESTS OF HIS CLIENT
It shall be the duty of an advocate fearlessly to uphold the interests of his client by all
fair and honourable means without regard to any unpleasant consequences to himself or any
other.16 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. An advocate appearing for the
prosecution of a criminal trial shall so conduct the prosecution that it does not lead to
conviction of the innocent.17 The suppression of material capable of establishment the
innocence of the accused shall be scrupulously avoided.An advocate shall not, directly or
indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence
Act.
DUTY OF NOT RECEIVING ANY SHARE OR INTEREST IN ANY ACTIONABLE CLAIM RELATED TO
CLIENTS CASE

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 of 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.18 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.19 This prohibition, however, does not prevent an advocate from
15

http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
http://lawmin.nic.in/la/subord/bcipart6.htm
17
https://www.indianbarassociation.org/membership/members-code-of-conduct/
18
http://blog.ipleaders.in/right-of-a-lawyer-to-practice-in-india-and-duties-of-a-lawyer/
19
http://www.legalblog.in/2011/05/duties-and-conduct-of-advocates-supreme.html
16

PAGE | 5

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

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.
An advocate shall not directly or indirectly bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer either in his own name or in any other name
for his own benefit or for the benefit of any other person any property which is subject matter
of any suit appeal or other proceedings in which he is in any way professionally engaged. 20
DUTY RELATED TO PAYMENT OF FEES
An advocate shall not directly or indirectly bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer either in his own name or in any other name
for his own benefit or for the benefit of any other person any property which is subject matter
of any suit appeal or other proceedings in which he is in any way professionally engage.21
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.22
Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any
moneys of the client remaining in his hands, at the termination of the proceeding 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.23
A copy of the clients account shall be furnished to him on demand provided the
necessary copying charge is paid.24 An advocate shall not enter into arrangements whereby
funds in his hands are converted into loans. 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.
It is well settled that a Advocate has a fiduciary duty to his or her client. That duty
carries with it two presently relevant responsibilities. The first is the obligation to avoid any
conflict between his duty to his client and his own interests - he must not make a profit or
20

http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
https://www.indianbarassociation.org/membership/members-code-of-conduct/
22
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
23
http://www.lawyersclubindia.com/forum/Rules-on-an-advocates-duty-towards-the-court-client-opponents-andother-advocate-fellows-A-must-Read-For-all-97586.asp
24
http://lawmin.nic.in/la/subord/bcipart6.htm
21

PAGE | 6

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

secure a benefit, at the expense of his clients expense.25 The second arises when he
endeavours to serve two masters and requires full disclosure to both.26
CONFLICTS OF INTEREST
(The lawyer, the client and vested interests)
The general principle espoused in Blackwells case in terms of competing loyalties to
different clients is readily transferred to situations where lawyers borrow from a client or
have business dealings with a client and fail to make adequate disclosure to the client, or fail
to arrange for the client to receive independent advice.27
A practitioner must not, in any dealings with a client:28
(i)

allow the interests of the practitioner or an associate of the practitioner to conflict with
those of the client;

(ii)

exercise any undue influence intended to dispose the client to benefit the practitioner
in excess of the practitioners fair remuneration for the legal services provided to the
client.
A fiduciary relationship creates many legal duties for the person in whom the trust has

been placed. Generally this person must act in the best interests of the other. In relation to
their clients, Advocates must:
i.

Act honestly and fairly in a clients best interests

ii.

Act with due skill and diligence, reasonable promptness and courtesy

iii.

Maintain a clients confidences

iv.

Avoid conflicts of interest

v.

Communicate effectively and promptly with clients

vi.

Follow a clients lawful instructions.

There are many different components to these duties. The major components are

explained hereinafter please note that Advocates also owe duties to the Court and the
25

http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
Conflict between Interest and Duties of a Lawyer, http://www.legalserviceindia.com/article/l241-Conflictbetween-Interest-and-Duties-of-a-Lawyer-.html (last updated on April 3, 2016).
27
Peter MacFarlane, The Importance of Ethics and the Application of Ethical Principles to the Legal Profession,
Journal of South Pacific Law, http://www.paclii.org/journals/fJSPL/vol06/8, (last updated on April 3, 2016).
28
Id,
26

PAGE | 7

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

profession, which sometimes may be at odds with their duties to clients. Whilst clients
usually have priority, Advocates cannot act in way that compromises the integrity of the law.
DISCLOSURE
Clients Advocate must tell client in writing how much they will charge client and
about other expenses before they start working for client. This is known as disclosure. Once
client have agreed to use a particular Advocate, they should also send client regular bills for
their services, setting out the work performed and the charges for each service.29
CONFIDENTIALITY
Conversations, correspondence and documentation between client and Clients
Advocate are confidential and can only be revealed in limited situations. Advocates must also
follow strict rules in the maintenance of client files.30
CONFLICTS OF INTEREST
Clients Advocate must not allow their own interests, or the interests of an associate, to
conflict with those of a client. A Advocate generally cannot act for client if they have
previously provided legal advice to a person client are in dispute with. If client believe that
Clients Advocate may have a conflict client should raise this with them.
FOLLOWING INSTRUCTIONSOF CLIENT
Clients Advocate cannot make any decisions without Clients instructions. They must
carry out Clients instructions promptly and efficiently in accordance with the law.
CLEAR COMMUNICATION
As the client, client should receive regular updates on the progress of Clients matter,
preferably in writing.31 Clients Advocate must provide advice about all Clients options,
including the best course of action, which may be alternative forms of dispute resolution.
Clients Advocate must also treat client with respect, be polite and assist in Clients
29

http://lawmin.nic.in/la/subord/bcipart6.htm
http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
31
https://www.indianbarassociation.org/membership/members-code-of-conduct/
30

PAGE | 8

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

understanding of the law.

HANDLING CLIENTS MONEY
An advocate should keep accounts of the client s 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.32Where 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 proceeding, no advocates shall, except with the
consent in writing of the client concerned, be at liberty to divert any portion of the expenses
towards fees.33
Advocate may askto pay some of their fees in advance to cover any expenses they
incur during their work for client. This money must be held in trust and cannot be paid to
anybody for any expenses without client specific permission, which client may provide in
client original costs agreement.34Where 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.
NO ADVERTISING TO GET CLIENTS
Rule 36 prohibits lawyers from advertising to get clients, either directly or indirectly
and the prohibition extended to include websites and also online directories. A simple law
degree would not suffice if larger public interests were to be taken into consideration. In the
case of Ex Capt. Harish Uppal vs Union of India and Anr (2002) Honble Supreme Court has
held that,
if a lawyer, holding a Vakalat of a client, abstains from attending Court
due to a strike call, he shall be personally liable to pay costs which shall be
addition to damages which he might have to pay his client for loss suffered by him.
There will be no strikes and/or calls for boycott. It is hoped that better sense will

32

http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/
http://www.slideshare.net/Ravilakhani/professional-ethics-for-legal-person
34
http://www.lawkam.org/advocate/duties-of-an-advocate-towards-his-client/346/
33

PAGE | 9

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

prevail and self restraint will be exercised.35

II.

CASES

SOURENDRA NATH MITRA V. TARUBALA DASI36

Facts
This case involved an appeal from the High Court of Judicature in Calcutta, who, had
differed from the Subordinate Judge of Hoogly, and refused to record an alleged
memorandum of compromise and to make a decree in accordance therewith. The disputed
compromise was made in a partition suit in which the appellants were plaintiffs and the
respondent was defendant. The issue was whether an agreement of compromise made
between the plaintiffs and counsel for the defendant bound the defendant.
The parties were members of a Hindu family governed by the Bengal school of Hindu
Law. The suit related to the joint property inherited from the paternal grandfather of the
plaintiffs who was deceased. The plaintiffs were the children of the two elder sons of that
deceased. The defendant was the widow of the third son, who had succeeded to the share of
their unmarried son, who had died in 1920. Now regarding the partition, affidavits were filed
from both the sides but the date of hearing kept on being postponed until the possibility of a
compromise was mentioned to the Judge. The memoranda of compromise were signed by the
plaintiffs and counsel for the defendant to which the defendant objected that there was no
concluded agreement. Finally, the learned judge decided that an agreement had been
concluded and made a decree in accordance with it. Matter went to High Court who reversed
the decisionholding that counsel had no authority to compromise the suit without express
authority, and that it had not been shown that the defendant had consented to the
compromise. Matter went in appeal.
Decision
The court allowed the appeal with the reasons that suit had been adjusted either
wholly or in part by lawful compromise and it was duty of Court to record agreement and
35
36

Ex Capt. Harish Uppal vs Union of India & Anr (2002) Writ Petition (civil) 132 of 1988
Sourendra Nath Mitra v. Tarubala Dasi, AIR 1930 PC 158

PAGE | 10

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

pass decreeing accordance therewith and decree of Subordinate Judge was therefore restored.
The Privy Council in the case ofhad made the following two observations which held
relevance to the present discussion:
Two observations may be added. First, the implied authority of counsel
is not an appendage of office, a dignity added by the Courts to the status of
barrister or advocate at law. It is implied in the interests of the client, to give the
fullest beneficial effect to his employment of the advocate. Secondly, the implied
authority can always be countermanded by the express directions of the client.
No advocate has actual authority to settle a case against the express instructions
of his client. If he considers such express instructions contrary to the interests of
his client, his remedy is to return his brief.
PANDURANG DATTATRAYA KHANDEKAR V. BAR COUNCIL OF MAHARASHTRA, BOMBAY
37

AND ORS.

Facts
The disciplinary proceedings out of which this appeal under Section 38 of the
Advocates Act, 1961 had arose were initiated on a complaint made by a group of 12
advocates practicing in the two courts of Sub-Divisional Magistrates in the Collectorate of
Poona alleging various acts of professional misconduct against the appellant P.D. Khandekar
and one A.N. Agavane. The complainants had alleged various acts of professional
misconduct against the appellant and Agavane. According to them, the appellant and agavane
had sometimes impersonated as other advocates for whom the briefs were meant and at times
they had directly approached the clients and had adopted questionable methods charging
exorbitant fees. The proceedings had been transferred to the Bar Council of India under
Section 36B of the Act who by its order had held the appellants guilty of professional
misconduct. Matter had gone in appeal to Supreme Court.
Decision
The court had stayed the suspension order for one year. But it noted down that for an

37

Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, Bombay and Ors. AIR 1984 SC 110

PAGE | 11

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

advocate to act towards his client otherwise than with utmost good faith is unprofessional.
When an advocate is entrusted with a brief, he is expected to follow norms of professional
ethics and try to protect the interests of his client in relation to whom he occupies a position
of trust. Counsels paramount duty is to the client. When a person consults a lawyer for his
advice, he relies upon his requisite experience, skill and knowledge as a lawyer and the
lawyer is expected to give proper and dispassionate legal advice to the client for the
protection of his interests. An advocate stands in a loco parentis towards the litigants and it
therefore follows that the client is entitled to receive disinterested, sincere and honest
treatment especially where the client approaches the advocate for succor in times of need.
HARISH CHANDRA TIWARI V. BAIJU38
Facts
Appellant Harish Chandra Tiwari was enrolled as an advocate with the Bar Council of
the State of UP in May 1982 and was practicing there, mainly in the courts at Lakhimpur
Kheri District in UP. Respondent Baiju had engaged the delinquent advocate in a land
acquisition case in which the respondent was a claimant for compensation. The Disciplinary
Committee had described the respondent as an old, helpless, poor illiterate person.
Compensation of Rs. 8118/- for the acquisition of the land of the Respondent was deposited
by the State in the court. Appellant had applied for releasing the amount and as per orders of
the court he had withdrawn the said amount. But he had not returned it to the client to whom
it was payable nor had he informed the client about the receipt of the amount. Long
thereafter, when the client had come to know of it and after failing to get the amount returned
by the advocate, compliant was lodged by him with the Bar Council of the State for initiating
suitable disciplinary action against the appellant.
Decision
Court had held that among the different types of misconduct envisaged for a legal
practitioner misappropriation of the clients money must be regarded as one of the gravest. In
this professional capacity the legal practitioner has to collect money from the client towards
expenses of the litigation, or withdraw money from the court payable to the client or take
money of the client to be deposited in court. In all such cases, when the money of the client
38

Harish Chandra Tiwari v. Baiju, AIR 2002 SC 548

PAGE | 12

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

reaches his hand it is a trust. If a public servant misappropriates money he is liable to be

punished under the present Prevention of Corruption Act, with imprisonment which shall not
be less than one year. He is certain to be dismissed from service. But if an advocate
misappropriates money of the client there is no justification in de-escalating the gravity of the
misdemeanor. Perhaps the dimension of the gravity of such breach of trust would be
mitigated when the misappropriation remained only for a temporary period. There may be
justification to award a lesser punishment in a case where the delinquent advocate returned
the money before commencing the disciplinary proceedings.
III.

CONCLUSION

The role of the lawyers in the society is of great importance. They being part of the
system of delivering justice holds great reverence and respect in the society. Each individual
has a well defined code of conduct which needs to be followed by the person living in the
society. A lawyer in discharging his professional assignment has a duty to his client, a duty to
his opponent, a duty to the court, a duty to the society at large and a duty to himself. It needs
a high degree of probity and poise to strike a balance and arrive at the place of righteous
stand, more so, when there are conflicting claims.39 While discharging duty to the court, a
lawyer should never knowingly be a party to any deception, design or fraud. While placing
the law before the court a lawyer is at liberty to put forth a proposition and canvass the same
to the best of his wits and ability so as to persuade an exposition which would serve the
interest of his client and the society.40
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.41They amount to positive dis-service to the litigants and create
embarrassing situation in the court leading to avoidable unpleasantness and delay in the

39

http://www.slideshare.net/Ravilakhani/professional-ethics-for-legal-person
https://www.indianbarassociation.org/membership/members-code-of-conduct/
41
https://www.indianbarassociation.org/membership/members-code-of-conduct/
40

PAGE | 13

ESSENTIAL DUTIES OF LAWYERS TOWARDS THEIR CLIENTS

disposal of matters, and detrimentally affects the entire judicial system.42

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.43 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 anything to bring the Court itself into
disrepute, and ensure that at no point of time, he oversteps the limits of propriety.44

42

http://www.slideshare.net/Ravilakhani/professional-ethics-for-legal-person
http://www.legalservicesindia.com/article/article/professional-misconduct-of-lawyers-in-india-1665-1.html
44
https://www.indianbarassociation.org/membership/members-code-of-conduct/
43

PAGE | 14