The relationship between Advocates and clients consists
of the following characteristics
1.lt is a relation of trust and confidence.
2.It is pure personal.
When it is said that relationship between these two is
fudiciary the following effects takes place-
(1) when a client engages a lawyer to prepare and plead his case in the court, his
relations with the latter become as that of the trust and great
confidence. An advocate is not supposed to involve himself in
any such transaction which is not beneficial to his client. His
personal interest or gain through or from client, should not come
in the way of his duty. If it is found that a transaction has been
done for the advantage of an Advocate, the court will presume
bad faith and it will be for the counsel, to establish that the transaction was just and fair
A court is also not of course of litigation due to some other reasons. A court is also not of the view that the confidential communication between advocate and client be disclosed before the Court. It is protection given to h
both client and Advocate under Section-126 of Evidence Act.
(2) A client– also has privilege to discharge his lawyer
any time with or without any cause even when their agreemerO
stands on the payment of contingent fees.
Q.
(I) The relation between Advocate and client stand pureo
personal. Thus, it results in the following consequenees:-
(i) The relationships between lawyer and client comes into
existence only after a due contract between them on the variou
important issues : like determination of fees, extent of binding of
client his act and statement, the quantam of remuneration.
As a result of which (Such contract), an Advocate is duty
bound to keep a constant touch with his client.
be
(ii) An Advocate is bound to follow the instruction of his
client. The court, can in order to ensure the proper representation
of client in the court requires an Advocate to produce his right act
for his client. High court have powers to dismiss or suspend a
legal practitioner or ‘Mukhtar who is found and proved to have
acted in accordance with the instructions of party other then the
actual litigant, amounts to his professional nisconduct.
(iv) One of the important duty of lawyer is that he should
not delegate his work to some other lawyer even to his juniors.
He is paid high fees by the client only for his intellect and high
professional capacity. Therefore, he is expected to attend all works
personally. Some of the work can of course, be delegated on the
genuine grounds prior consent of the client concerned.
(v) The Advocate shall be responsible for any wrongful act
done by clerk appointed by him.
(vi) Finally, the juniors should not be given the work of final
disposal of the case of a client unless, consented by the client.
The reasons being that the contract to work was initially with the
senior advocate and the presecribed fees was accordingly paid
by the client. As such avoiding or neglecting such duty of an
Advocate amount to his personal misconduct.