Advocate & Lawyers

In general, under BCI rules, an advocate is bound to accept briefs in the courts or tribunals where they regularly practice, provided a suitable fee is offered. However, they can legally refuse a case under special circumstances, such as:

An advocate cannot ordinarily withdraw from a case once they have agreed to represent a client. They may only withdraw if they have sufficient cause and must provide the client with reasonable and timely notice. If they do step down, they are legally required to refund any part of the advance fee that has not yet been earned.

Yes. Communications between you and your advocate are strictly protected under Section 126 of the Indian Evidence Act (and BCI ethical rules). An advocate cannot disclose any private details, documents, or advice shared during your professional relationship without your explicit consent.

No. Charging a fee contingent on the success or failure of litigation is strictly forbidden in India. An advocate cannot enter into an agreement where their payout is a percentage of the money or property recovered by the court's judgment. Fees must be fixed structurally beforehand, regardless of the final verdict.

No. An advocate is explicitly barred from lending money to a client for the purpose of any legal action or proceeding. However, if a sudden court rule requires an emergency payment during a pending suit to keep the case moving, a lawyer may make that minor payment directly to the court on the client's behalf without it being deemed a breach.

Yes. BCI guidelines mandate that advocates keep accurate accounts of all client monies entrusted to them. They must provide clear breakdowns showing funds received, expenses incurred (like court stamp duties or printing), and fees deducted. Furthermore, an advocate must intimate the client without delay whenever money is received on their behalf from the court or opposing parties.