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

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===Court Appointment===
 
===Court Appointment===
  
* Article 22 of Constitution guarantees the accused the right to a lawyer. Hussainara Khatoon & Ors. v. Home Secretary Bihar, (1980) 1SCC 98. Under Article 39A, the constitution has made the right to legal aid a directive principle of the State.
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* Article 22 of Constitution guarantees the accused the right to a lawyer. Hussainara Khatoon & Ors. v. Home Secretary Bihar, (1980) 1SCC 98. Under Article 39A, the constitution has made the right to legal aid a principle directive of the State.
  
 
===Private Agreement===
 
===Private Agreement===
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1) '''Duty of Undivided Loyalty to Client'''
 
1) '''Duty of Undivided Loyalty to Client'''
*First and foremost, lawyers
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*Lawyers
 
2) '''Duty of Confidentiality'''
 
2) '''Duty of Confidentiality'''
  
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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.  
 
*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'''
 
4) '''Duty of Communication and Shared Decision-Making'''
equires the lawyer to communicate with the client to determine the terms and objectives of the representation.
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requires 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)===
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*iii) "zealous advocacy upon the client's behalf."
 
*iii) "zealous advocacy upon the client's behalf."
  
==Part II: Attorney-Client==
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==Part II: The Initial Attorney-Client Interview==
  
 
==='''Key Ingredients of the Attorney-Client Relationship'''===
 
==='''Key Ingredients of the Attorney-Client Relationship'''===
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While conducting interviews of your client's family members, keep in mind that you are asking witnesses to go through a painful process to help someone they may or may not want to help and are asking them to provide information that may think is irrelevant to the case.  They have the right to provide or withhold private information.  People are usually not willing to share their most traumatic memories and secrets without deriving some benefits for themselves.  The benefit has to come through the interviewing process itself.  You must convey to the client's family members your desire to help and seek to understand and sympathize with them.  In this way, the interview process can be a  mutually beneficial experience.
 
While conducting interviews of your client's family members, keep in mind that you are asking witnesses to go through a painful process to help someone they may or may not want to help and are asking them to provide information that may think is irrelevant to the case.  They have the right to provide or withhold private information.  People are usually not willing to share their most traumatic memories and secrets without deriving some benefits for themselves.  The benefit has to come through the interviewing process itself.  You must convey to the client's family members your desire to help and seek to understand and sympathize with them.  In this way, the interview process can be a  mutually beneficial experience.
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See [[India]]

Latest revision as of 10:29, 27 July 2010