For a client, whoever has decided to move with litigation in order to resolve the dispute or to seek the claim or compensation for damages for which they have suffered due to arose in dispute. They have to seek service from an Advocate who is registered as per norms of the Bar Council of India.
The client should first declare all the particulars of the case to the lawyer, irrespective of whether those particulars of the client's case are of good or bad for the case; the lawyer should be apprised with each and every fact to the case.
The client should hand over all the material evidence to a lawyer in order to support its case; the client should also hand over those documents which may go against their case so that the lawyer should know the error and lacunas which he may suffer at any stage of the case.
The client should not ask for any guarantee with regard to the disposal of the case since the case disposal is very much dependant on various legal factors. Moreover, the client should also not ask about the time period of the disposal of the case, as the disposal of the case very much depends on legal and administrative factors.
In pro bono cases, wherein the advocates exempt not only the fees of the client but also ready bear the expense which will accrue during the course of proceeding of the case. Ethically in such circumstances, wherein the advocate handover any of his amount to the client with regard to the expense which will occur during the proceeding of the case, the client should not use that amount for their personal use.
The Client is bound to use that money only with regard to that particular case; the client should also not use those funds or money in any other case apart from that particular case for which the advocate has handed over the funds.
The Client should maintain the confidentiality of information between the lawyer and the client as the relationship between the lawyer, and the client is the relationship of trust and confidence. Any conversation taking place vide email, telephone or through written documents, the client should maintain the strict confidentiality of the same.
Hence, before handing over the case to the lawyer, the client should ask few important points the advocate in order to comply with the case, which has to be pursued.
In any case, whether civil or criminal, the first and foremost thing that the client should ask is the procedure to be followed for the filing of the case. The Client should ask about the procedure prescribed under the code and the administrative procedure which the court has laid down. Moreover, the Client should also ask the nature of documents which is required for annexure to support the merit of the case, i.e., whether the original documents are required or the photocopy of the same.
If the original document has been required, the client must ask the procedure to retain those original documents that might be required for another essential purpose.
The second most thing in the procedural part is that the client should ask about the court fee, which is required with regard to the filing of the case. The client should further enquire about the mode of payment of the court fees, wherein some cases only the affixing of postal stamps are required and where in some cases the fees have to be paid in the mode of Demand draft either in favour of the registrar of the court or in favour of any other appropriate account prescribed by the court.
The Client if finds any other additional evidence/documents in between the proceeding of the court, or there is any other apprehension that they may discover the evidence/documents in between the stage of the proceedings, then what is the procedure to bring those evidence before the court between the due course of proceeding. It is further stated that the client should also ask the lawyer the procedure to obtain the record of proceeding of the court inform of daily order to retain as the same for their own record. Lastly, the client should also ask that when the presence of parties is required before the court, and the requirement of presence of a witness is required before the Court.
SCOPE OF SETTLEMENT
In any case, either civil or criminal, the client should ask the advocate if there is any other scope of alternate dispute resolution for the speedy disposal of the matter or, if any, the procedure. The courts in India are now very much inclined towards the settlement, arbitration, conciliation and Lok adalat in order to lower their burden from the huge pendency of the matter; therefore, the client should definitely ask the advocate that if there is any scope of settlement in the matter or not. If the client finds that there is an apprehension of settlement between the parties in between the trial or due course of proceeding of the court, then they should communicate the same to the advocate and definitely ask the advocate that what is a procedure to refer this matter for settlement.
EXECUTION AFTER THE COMPLETION OF MATTER OR SCOPE OF APPEAL
If the matter has been disposed of and the claim has been granted, the client should act like that in such cases how the same has to be executed, whether the execution petition is required to be filed or not, or the court itself can execute the same.
If the court is dismissing the matter or somehow the claim has not been granted, the Client should ask the scope and procedure for the appeal in the high court. The Client should communicate to the advocate whether they want to go for further appeal to challenge the order passed by the Sub-ordinate court.
Hence, the relationship between the lawyer and the client is of trust and confidence. Therefore, the client should always be transparent with their lawyer and vice-versa.
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