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Which of the following is not among the duties of an advocate towards his client?
- a)Duty to accept briefs
- b)Duty not to suppress material or evidence
- c)Duty to charge contingency fees
- d)Duty to maintain confidentiality
Correct answer is option 'C'. Can you explain this answer?
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Which of the following is not among the duties of an advocate towards ...
An Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.
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Which of the following is not among the duties of an advocate towards ...
Duty to charge contingency fees is not among the duties of an advocate towards his client.
Contingency fees are fees that are dependent on the outcome of a case. In other words, the advocate would only receive payment if the client is successful in their legal matter. This type of fee arrangement is commonly used in personal injury cases or other civil matters where there is a potential for a financial settlement.
However, in many jurisdictions, including India, it is considered unethical for advocates to charge contingency fees. This is because contingency fees can create a conflict of interest between the advocate and the client. The advocate may be tempted to prioritize their own financial gain over the best interests of the client.
By not charging contingency fees, advocates can ensure that their advice and actions are solely focused on achieving the best possible outcome for their client, without any financial motivations. This duty to act in the best interests of the client is a fundamental principle of legal ethics.
Additionally, not charging contingency fees helps to maintain the integrity and professionalism of the legal profession. It ensures that advocates are not seen as profit-driven individuals who are solely interested in financial gain. Instead, advocates are seen as trusted advisors who provide objective and unbiased advice to their clients.
In summary, the duty to charge contingency fees is not among the duties of an advocate towards his client. This is because charging contingency fees can create a conflict of interest and compromise the advocate's ability to act in the best interests of the client. By not charging contingency fees, advocates can maintain their professionalism and prioritize the client's welfare above their own financial gain.
Contingency fees are fees that are dependent on the outcome of a case. In other words, the advocate would only receive payment if the client is successful in their legal matter. This type of fee arrangement is commonly used in personal injury cases or other civil matters where there is a potential for a financial settlement.
However, in many jurisdictions, including India, it is considered unethical for advocates to charge contingency fees. This is because contingency fees can create a conflict of interest between the advocate and the client. The advocate may be tempted to prioritize their own financial gain over the best interests of the client.
By not charging contingency fees, advocates can ensure that their advice and actions are solely focused on achieving the best possible outcome for their client, without any financial motivations. This duty to act in the best interests of the client is a fundamental principle of legal ethics.
Additionally, not charging contingency fees helps to maintain the integrity and professionalism of the legal profession. It ensures that advocates are not seen as profit-driven individuals who are solely interested in financial gain. Instead, advocates are seen as trusted advisors who provide objective and unbiased advice to their clients.
In summary, the duty to charge contingency fees is not among the duties of an advocate towards his client. This is because charging contingency fees can create a conflict of interest and compromise the advocate's ability to act in the best interests of the client. By not charging contingency fees, advocates can maintain their professionalism and prioritize the client's welfare above their own financial gain.
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Which of the following is not among the duties of an advocate towards his client?a)Duty to accept briefsb)Duty not to suppress material or evidencec)Duty to charge contingency feesd)Duty to maintain confidentialityCorrect answer is option 'C'. Can you explain this answer?
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