Regulation
Advocates in India are regulated by the Bar Council of India and by the State Bar Councils under the Advocates Act, 1961. Every advocate at Samaanta Law Firm is enrolled with a State Bar Council and is bound by the Standards of Professional Conduct and Etiquette framed by the Bar Council of India under Section 49(1)(c) of that Act.
Duty to the court
An advocate’s first duty is to the court. That duty includes disclosing binding authority against the position being argued, not misleading the court on fact or law, and maintaining the dignity of proceedings. Where that duty and a client’s preference conflict, the duty to the court prevails, and we will say so.
Duty to the client
- To accept a brief for a fee consistent with our standing at the Bar, and not to withdraw without sufficient cause and reasonable notice.
- To advise honestly on the merits, including when the advice is unwelcome.
- To keep the client informed of the progress of the matter.
- To maintain confidentiality, which survives the conclusion of the engagement.
- To keep client funds separate and properly accounted for.
Conflicts of interest
The firm checks every enquiry against existing and former matters before accepting instructions. Where a conflict exists we decline, without disclosing the reason, because the reason is itself confidential to another client.
Acting for both sides of a category
The firm acts for husbands and for wives in matrimonial matters, and for creditors and for borrowers in recovery matters. This is not a conflict: a conflict arises between parties to the same or a related matter, not between categories of client. We never act against a former client in a matter connected to work we did for them.
Fees
Fees are agreed in writing before a stage begins. Indian professional rules do not permit an advocate to charge a fee contingent on the outcome of litigation, and the firm does not do so.
Complaints
If you are dissatisfied with the conduct of your matter, raise it with the member handling it in the first instance, and with the Managing Partner if it is not resolved. Complaints about professional misconduct may also be made to the relevant State Bar Council under Section 35 of the Advocates Act, 1961.