The relationship of an advocate and client is one of the most trusted ones. As a client will never hide anything related to the matter handled by his advocate, on the other hand the Advocate is responsible to keep the conversation with the client private. This comes under the purview of Fiduciary relationships. Fiduciary relationships are those relationships which are restricted by law to be disclosed to a third person. There are certain things which a lawyer must keep in mind while dealing with his client.
For Advocates in India, according to the Advocates Act 1961 there following duties of an Advocate towards his Client under section 49(1)(c)
Qualification must be absolute: When a Client hire a lawyer, the Advocate must be absolutely qualified to deal with the case and represent the client in the court of Justice.
Trust of the client: An Advocate must never break the trust of the client. There are many times when advocate takes money from the opposite party and loose the case on purpose. The Advocate should at all costs uphold the interest of the client.
Fee structure: When a client consult a lawyer then Advocate must determine his fees according the financial status of the client. Never take advantage of client’s constraints. Fees of any matter must never depend on the success of matter in the court.
Must not withdraw from services: Once an Advocate agreed to serve his client, he must not withdraw from his services. He can withdraw only after giving proper notice in a reasonable time.
Full disclosure to the Client: The Advocate is responsible towards the client for full and true disclosure of the circumstances and consequences of the case.
Not to disclose any conversation with the Client: A lawyer is not allowed to disclose any conversation with his client, directly or indirectly to anyone. If he does so he will be liable under Sec. 126 of the Indian Evidence Act of 1872.
No Personal gain other than determined fees: An Advocate must never receive any personal gain other than the fees determined for the case. He should never adjust his personal liability from his fees.
Duty of Client towards the Advocate
Full disclosure of facts: A Client should never hide anything related to the matter from his Advocate. Everything related to the matter must be disclosed.
Payment of fees: A client should never refuse to pay the fees of the case just because he lost or the matter is over in the court. Payment of fee must be on time and should not depend on the loss of the case.
Proper Notice of Change: If a client wants to change his advocate he must inform the present advocate with proper notice and reasonable time.
Information regarding withdrawal or settlement to the Advocate: Whenever a client wants to withdraw his case or has reached a settlement with the opposite party, it is his duty to inform advocate about the same.