Difference between revisions of "Lawyer-Client Relationship (India)"

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===The Duties of the Attorney===
 
===The Duties of the Attorney===
  
1) Duty of undivided loyalty to client
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1) '''Duty of Undivided Loyalty to Client'''
* Lawyer must avoid taking actions that are contrary to the client's interest.
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*First and foremost, lawyers owe a "fiduciary duty" to their clients. That means attorneys must act in accordance with principles of complete loyalty to client conflicts of interest, but the basic proposition is that an attorney cannot take any position in conflict with the client. A lawyer must avoid taking actions that are contrary to the client's interest.
2) Duty of Confidentiality
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2) '''Duty of Confidentiality'''
* Lawyer must not disclose client's confidential information or use that information in a way that is inconsistent with the client's wishes.
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*client confidential information or using that information in a way that is inconsistent with wishes.
3) Duty of Competent Practice
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3) '''Duty of Competent Practice'''
* Lawyers must represent client with reasonable care and competence, using the degree of skill, judgment, and care that a reasonably careful lawyer would use under the same circumstances
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*Lawyers have a duty to exercise reasonable care and competence in the performance of their duties during representation. This standard has been interpreted in different ways, but it generally means that attorneys are required to exercise the degree of skill, judgment and care that a reasonably careful lawyer would use under the same circumstances.
4) Duty of Communication and Shared Decision-Making.
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4) '''Duty of Communication and Shared Decision-Making'''
* Requires the lawyer to communicate with the client to determine the terms and objectives of the representation.  
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*the lawyer to communicate with the client to determine the terms and objectives of the representation.
  
 
===Duty of Competence and Diligence (American Bar Association Model Rules)===
 
===Duty of Competence and Diligence (American Bar Association Model Rules)===

Revision as of 09:36, 3 June 2010