Can an Advocate Drop a Client in the Middle of a Case?

The attorney-client have symbiotic relationship that benefits each other. This relationship is built on mutual trust, clear communication, and shared goals. And, in normal circumstance, such relationship ends with the final decision of the court. However, even in the middle of the case, situation may arise where advocate wants to drop or leave the case. Though this is the right of an advocate to drop his client, but in a given condition and essentially not at random or because of blunt mood per se.

Advocates in India are bound to follow the ethical guidelines and professional standards defined by the Bar Council of India under the guidance of Advocates Act. Abrupt decision of dropping the client in the middle of a case and not giving proper justification may violate these standards. Ethical considerations require advocates to uphold the best interests of their clients and maintain integrity throughout the legal representation.

The Possible Conditions under which Advocate Can Drop His Client in the Middle of a Case

The decision of an advocate to drop, withdraw, or discontinue his service or representation is not a normal issue rather it could be a very big issue, as it may affect someone’s career, property, business, or even life. Therefore, it must be done under rare and extreme circumstance.

However, some of such rare conditions or circumstances are −

• If client withholds information or not telling the truth − It is very common perception among the people that their advocate won’t accept the case, if they tell the truth. Or in some cases, especially in criminal case, clients deliberately hide some facts because that might not only illegal but also immoral and hence, afraid of sharing those facts. Whatsoever the reason is, hiding facts or not telling the truth or even lying is not at all beneficial for the client, as because of his untruthfulness, he or she can lose the case. So, if any point in time, advocate comes to know that despite repeated efforts, his or her client is not truthful to him or her, then advocate can drop the case even while the proceeding is going on.

• If client acts fraudulently − In a case, when client keeps telling lie, making false story, or even act fraudulently, the advocate can drop the case with immediate effect. Secondly, as per the rules of Bar Council of India and Advocates Act, advocates are bound to follow the professional rules of conduct and cannot represent a client acting fraudulently or even presenting false facts and evidence. And, the advocate who knowing represents any such person in the court, may be punished or even his name can be removed from the advocate’s roll and disqualified to practice law permanently.

• When advocate and client disagree on legal strategies or have conflict of interest − It is very important that advocate and attorney both are on the same side of the case and mutually agreed on the legal strategy made by the advocate. But in any point in time, if client does not agree with the legal strategy that is made by advocate to win the case or unnecessarily interrupts in advocate’s representation, then advocate can withdraw from the case. Secondly, if there is conflict of interest between advocate and client and no way out, then advocate can withdraw from the case.

• If the client failed to pay the fees as agreed − When the client hires an advocate for himself or herself; he or she agreed to pay some fee as mutually decided. The commitment of payment of fee by the client and giving the legal service by the advocate develop a contract. And, in a normal circumstance, if client refuses to pay or fails to pay the agreed or decided fee, then advocate may withdraw from the case.

When an Advocate Decides to Drop a Client in the Middle of a Case, What Precautions Should He/She Take

As discussed above, in certain circumstances, there is a provision that an advocate can drop a client or withdraw from the case, but before doing so, he or she should take some precautionary step to protect himself or herself from any negative effect.

Following are some of the key steps that an advocate must consider before dropping a client in the middle of a case −

• First of all, advocate should must determine the valid reason to drop the case in the middle of proceeding;

• Secondly, the advocate should must notify the clients in advance that he is decided to withdraw from the case;

• Thirdly, the advocate should collect and prepare all the documents and other such case related information to handover his client;

• Not essentially, but with the client’s consent, advocate can suggest other potential advocate who can take up his or her case.

Conclusion

Though there is provision under which an advocate can withdraw from representing a client in the middle of a case proceeding, but it must be done in accordance with the legal and ethical standards as defined under the rules of Bar Council of India. Open and understandable communication, adherence to contractual agreements, and consideration of the client's rights are essential aspects that need to be considered before departing from the ongoing case.

Likewise, maintaining a balance between professional responsibilities and ethical obligations ensures that the rights and interests of both advocates and clients are safeguarded in the realm of legal practice.

Frequently Asked Questions

Q1.Can an advocate refuse to continue representing a client in the middle of a case?

Ans.Yes, an advocate reserves the right to refuse or withdraw from representing a client in the middle of the case. But, this decision must be made under the given legal and ethical standards. Further, before doing anything like this, proper communication with the client is essential.

Q2.What are some common reasons why an advocate might drop a client?

Ans.Advocates may choose to discontinue representing his client because of irreconcilable differences, ethical concerns, dispute regarding the payment of fee, conflicts of interest, or professional considerations that hinder effective legal practice.

Q3.Are there legal consequences for an advocate dropping a client without valid reasons?

Ans.Dropping a client in the middle of the case without giving valid reasons or proper adherence to legal and ethical standards may negatively affect the reputation of the advocate. Clients can also file complaint with the bar council, leading to disciplinary actions.

Q4.Can a client object to the advocate's decision to drop them?

Ans.Yes, clients do have the right to object, but with proper communication and providing alternative resource may resolve the issue amicably. This right ensures that clients can choose representation that aligns with their needs.

Q5.What should advocates consider before deciding to drop a client?

Ans.Primarily, advocates should consider contractual agreements, ethical obligations, the client's right to choose representation, and alternative option for the client. Clear and transparent communication is crucial in this process.

Q6.Can an advocate drop a client without any notice?

Ans.Taking any professional action against employees, employers, clients, or other business partners (whatever the case may be) essentially needs a reasonable notice period. However, in certain circumstance, with mutual agreement and understanding, it can be done with immediate effect. Similarly, dropping a client without giving proper time and alternative option is unethical and may negatively affect the advocate.