Conduct of Advocate with Regard to Clients

Chapter XII: Conduct with Regard to Clients (Rules 145–158)

• Scope: Rules 145 to 158 of Chapter XII explicitly govern an advocate's conduct with regard to client.

Core Rules 

• Rule 145 (Adverse Interest): An advocate shall not acquire an interest adverse to a client in the property or interest involved in the case.
• Rule 146 (Former Client Conflicts): An advocate shall not accept employment adverse to a client or former client relating to a matter in reference to which he has obtained confidential information by reason of his employment.
• Rule 147 (Mandatory Disclosure): An advocate shall not accept professional employment without first disclosing his relation, if any, with the adverse party and his interest, if any, in the subject-matter of such employment.
• Rule 148 (Conflicting Interests): An advocate shall not represent conflicting interest.
• Rule 149 (Disputed Property): An advocate shall not accept the whole or part of the property, in respect of which he has been engaged to conduct the case, in lieu of his remunerations, reward and bounty.
• Rule 150 (Property Commingling & Post-Case Funds): An advocate shall not commingle the property of a client with his own and shall promptly report receipts. After the case is over, the client's funds and expenditure must be returned by Lawyer to the client.
• Rule 151 (Advising Litigation): An advocate shall not advise the commencement of prosecution or defence of case unless he has been consulted in reference thereto.
• Rule 152 (Advising Law Violations): An advocate in his professional capacity shall not advise the violation of any law. However, this rule does not apply when he can not advice the violation of any law .
• Rule 153 (Criminal Defense): It is the right of an advocate to undertake the defence of a person accused of crime regardless of his personal opinion.
• Rule 154 (Determining Fees): This rule explains how the fee of an advocate is to be determined. It should keep in view the time and labour required, skill required to conduct the case, and difficulty of question involved in a case . An advocate should consider reasonable requests of brother advocates, and shall assist widows and orphans of an advocate at free of charge in their respective cases.
• Rule 155 (Fee Controversies): Controversies with clients concerning compensation are to be avoided by the advocate so far as compatible with self-respect.
• Rule 156 (Personal Beliefs): It is improper for an advocate to assert his personal belief as an argument.
• Rule 157 (Advocate as Witness): An advocate should avoid testifying in Court. When an advocate is a witness for his client except as to merely formal matters, he should leave the trial to other advocates.
• Rule 158 (Procedural Control & Time Extensions): In agreeing to an extension of time for filing written statements, cross-interrogatories, and the like, the advocate must be allowed to judge for himself.