What are the Rights of Client Against His Advocate?

The relationship between the client and his advocate is mutually beneficial and complementary and both them have some defined responsibilities for each other. And, breach of any such responsibilities by any party may potentially affect both the parties.

What are the Rights Client having Against his Advocate?

In a legal system, representation of a client is fundamental aspect of justice and because of this, clients wholeheartedly trust on the actions of their advocates. In return, advocates have the responsibility to safeguard their clients’ interests and rights. Likewise, as the clients have some responsibility towards their advocates, they also have some entitlements against their advocates.

Following are some of the key rights that clients have against their advocates −

• Right to be Represented Competently − Once an advocate agreed to give his service to a client, he is bound to represent his client diligently and competently without any negligence. So, before saying “yes” to his client, advocate must analyze oneself that the kind of service his client requires, he has the competent skill set, knowledge, and competency for the same. So telling lie or wrong self-assessment could be fatal for his client, which is not expectable. Therefore, if advocate has the requisite legal skills, knowledge (relevant to client’s case), and competency to handle the case effectively, only then he or she should say yes.

• Right to Get the Update and Development of his Case − Clients have the inherent right to know the updates and development in reference to his case proceedings. And, their advocates are bound to provide all such relevant information through effective and understandable language. Besides, advocates are also bound to resolve the queries that their clients have in reference to their case. Besides, if required, then advocates also need to give some additional information about their legal matters.

• Right to Maintain Confidentiality − Advocates are bound by the duty of confidentiality. It is clients’ right and their advocates have duty to keep their clients’ all information secret and confidential. Breach of this confidentiality may result in negative consequences for the advocates.

• Right to Honesty and Reliability − Clients are entitled to the undivided honesty and reliability of their advocates. Advocates must prioritize their clients' interests over their own and avoid conflicts of interest that could compromise the client's case.

• Right to Withdrawal of Services − In given condition, clients have the right to terminate the services of their advocates at any time (even in the middle of the case proceedings). However, before withdrawing the case, clients have imperative responsibility to pay all the pending fees of their advocates.

• Right to Non-Discrimination − Clients have the right to be treated fairly and without any discrimination by their advocates. In fact, non-discrimination is a constitutional rights and its violation may have very negative impact and respective advocate’s career. Therefore, advocates have to provide equal and unbiased representation regardless of clients’ background.

• Right to File Complaints − In case of breach of agreement or any other type of confidentiality or professional misconduct, clients have the right to file complaints against their advocates. For this, respective State Bar Council (in which jurisdiction, the respective advocate practices), provides systematic mechanisms to file and address the complaints.

Conclusion

The relationship of a client with their advocate is built on trust, and mutually beneficial. So, understanding and respecting each other’s’ rights and responsibilities are essential for maintaining this relationship. Likewise, clients should be aware of their rights and entitlements that they have against their advocates. The knowledge of their rights against their advocates ensures a fair and effective legal representation.

However, any point in time, if a client believes that their rights have been violated, can seek legal recourse through appropriate channels to address grievances and maintain the integrity of the legal profession.

Frequently Asked Questions

Q1.What rights do clients have against their advocates?

Ans.Clients have various rights against their advocates, such as right to honest and competent representation, clear and updated communication, maintaining the confidentiality, non-discriminatory treatment, to have competent advice, withdrawal of services, and in case of breach of agreement or misconduct, right to file complaint against his advocate.

Q2.Can a client file a complaint against their advocate?

Ans.Prima facie yes. In a given and reasonable circumstance, clients have the right to file complaints against their advocates. For example, in case of professional misconduct, ethical violations, or any other breach of conduct. Respective Bar councils and legal authorities provide mechanisms to address such complaints.

Q3.What should a client do if they believe their advocate is not providing competent representation?

Ans.Client who strongly believes that their advocate is not providing competent representation or even negligent about their case, should first communicate their concerns to the advocate. If the issue still persists, they can consider filing a complaint with the respective State Bar Council.

Q4.Can a client terminate the services of their advocate at any time?

Ans.Of course yes. Clients reserve the right to terminate the services of their advocate at any time. However, before doing so, contractual obligations and ethical considerations may require proper notice and adherence to the established procedures.

Q5.What can a client do if they feel their advocate has breached confidentiality?

Ans.If a client, any point in time, believes their advocate has breached confidentiality, instead of wasting time here and there, they should document the incident and consult with another legal professional. As per their advice, they can take further action.

Q6.Can a client seek a new advocate during an ongoing case?

Ans.Definitely yes, clients do have the right to change their advocate during an ongoing legal proceedings. However, before doing so, they need to give notice and also need to adhere with the legal and ethical standards. Clients should also consider the potential impact on their case.

Q7.What remedies are available to clients if their rights are violated by an advocate?

Ans.In case of violation of rights, the remedies available for the clients are – to have proper communication with the advocate and withdraw the case, demand to return the fee (if given more than their service, or given in advance), or in extreme case, can file a complaint to respective state bar council against them.