Duties of an Advocate

Duties towards the client

• To accept a brief where the client is able to pay the fee and no conflict of interest or other reasonable justification exists
• To not accept brief where there is a conflict of interest with the client unless a frank disclosure has been made to the client about such conflict.
• To not appear in a matter where the advocate may be a witness
• To not withdraw from an engagement except with sufficient cause and reasonable notice and to refund unearned fee upon such withdrawal.
• To 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. He is to 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.
• To not foment litigation
• To ensure adequate representation of the client’s interests
• To tender the best legal advice according to his ability to the client
• To be diligent in handling the client’s matters.
• To ensure confidentiality of facts disclosed by the client.
• To not take instructions from any person other than the client or his authorized agent.
• To note enter an arrangement of contingent fee.
• To not bid for or purchase any property which is being auctioned in execution of a decree in a suit or appeal if he has been engaged in the matter.
• To not adjust fee payable to him by his client against his own personal liability to the client
• To not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.
• To keep accurate accounts of the client’s money entrusted to him and to provide copies of such accounts.
• To immediately intimate the client of any payment received on behalf of the client.
• To not enter into arrangements whereby funds in his hands are converted into loans.
• To not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.
• To not appear for the opposite party in the same matter after withdrawing from an engagement.