Introduction

An attorney is the one who advises or represents others in legal matters as a professional. The word is generally used widely in the United States, although in the Indian context, the word 'Advocate' is more prevalent. Considering the advocate-client relationship, one is entitled to several rights and benefits. For instance, non-disclosure and secrecy are some of the attorney-client privileges that a client is assured of. 

The client gets to narrate his version of events if the consequential event had occurred from an action done from bonafide intention. The client gets to represent himself legally, professionally, and competently. After an independent professional analysis of facts and relevant laws for the client's relief, the advocate could propose a legal course of action. The attorney examines the probability of winning the client's case and briefs the client on any possible settlement or resolutions.

An attorney must write and submits legal documents on behalf of the client in a timely fashion. Keep the client updated about the case's status, provide him important documents, if any, answer his queries, and give him legal advice in the context of his case in any general representation or legal assistance of any form.

A client-attorney relationship is deemed to be a form of fiduciary relationship and entitles you to the following attorney-client privilege -

Confidentiality Between Lawyer and Client - 

Confidentiality between lawyer and client is one of the crucial features of an advocate-client relationship. They enjoy a privileged conversation that intends to make the conversation more truthful, open, and frank by assuring non-disclosure to protect the client's interest. Though there's no statutory definition of privileged conversation, Section 126 of Indian Evidence Act, 1872 states, "No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment", which explains that without an expressed consent the advocate is bound to maintain client's confidentiality. Nevertheless, there are conditions to privileged conversation which are given under Section 126 (1) & (2), which explicates that there cannot be non-disclosure if there's a communication made in furtherance of an illegal purpose or if there's has been any illegal activity after the appointment of the advocate to represent client's case.

Section 129 of The Indian Evidence Act, 1872 states, "No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known to explain any evidence which he has given, but no others."

Which explains no one shall be compelled to disclose communication between him and his legal professional advisor, thus preventing him from the possibility of self-incrimination, if any, unless he intends to act as a witness.

Read more: WHAT ARE THE MATTERS THAT FALL UNDER CIVIL LAW?

Representation

In matters of representation according to Section 29 of the Advocates Act, 1961 states that "Subject to the provisions of the Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates."

This explains that Advocates are the only recognized class of persons entitled to practice law, except to provisions prescribed under Section 32, where the court has the power to permit appearances in particular cases. The lawyer and client relationship entitle you to be represented by the advocate to present his case in a legal, professional, and competent manner. Section 30 of the Advocates Act, 1960 enables advocates to practice in all courts, including Supreme Court, before all tribunals and before any authority or person entitled by any law for the time being in force. According to the extent of the said act, which extends to India's whole in accordance with Section 1 (2) of the Advocate’s Act. Thus, the client is entitled to be represented by his advocate based on the aforementioned provisions. While a representation advocate can put forth an unheard version of his client's events legally and professionally and ensure it has remedies available in relevant laws and present substantial points in front of the judge which cannot be overlooked or neglected and ultimately affect the decision of the court.

Legal Assistance

Apart from Confidentiality between lawyer and client and their representation, one of the attorney-client privileges is you are entitled to get legal assistance in an advocate-client relationship. The advocate can propose a legal course of action for his client after an exhaustive analysis of the case's facts, research the case comprehensively to understand the mistakes made by another party that can be used for his client's relief. Conclude interpretations of relevant laws so that the client's condition is presented appropriately to get remedy given under law by establishing a direct connection between facts and law. Understand the loopholes and vagueness in facts to reduce his client's liability or plead for absolute acquittal. Use other such methods so that judgment is delivered in favour of his client. Apart from this, the advocate writes and submits legal documents for the client within the stipulated time. It makes the availability of justice more accessible by giving him legal assistance. He makes his client aware of his legal rights and responsibilities and advises him to take necessary precautions to get into any additional legal trouble. Answer his queries and update him on the progress of the case.

Conclusion

The attorney-client or the advocate-client relationship thus entitles a person to a range of rights and benefits. It ensures that the client is represented and his story is adequately presented in a legal professional manner with substantial content. The advocate has the privilege to practice under Sections 29 and 30 of the Advocates Act, 1961. The conversation between the advocate and the client has to be kept confidential, and without an expressed consent, the advocate is bound to maintain the confidentiality between lawyer and client. They enjoy a privileged conversation that intends to make the conversation more truthful, open, and frank by assuring non-disclosure to protect the client's interest, according to sections 126 and 129 of the Indian Evidence Act, 1872.

An attorney must provide necessary legal assistance to the client now and then by writing and submitting legal documents, making the client aware of his legal rights and responsibilities, updating him with the case's status, etc.

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Author: Shweta Singh