Impact on client of the Attorney-Client Relationship

In India, Sections 126 to 129 of the Evidence Act deal with

privileged communication that is attached to professional
communication between a legal adviser and the client.

Section 126 of the Act provides the scope of privilege attached

to professional communications in an attorney-client setting. It
restricts attorneys from disclosing any communications
exchanged with the client and stating the contents or
conditions of documents in possession of the legal advisor in
course of and for the latter's employment with the client.

The section also provides certain exceptional grounds on which

such privilege shall stand denied, being in furtherance of any
illegal purpose or facts coming to the awareness of the
attorney showing that either crime or fraud has been
committed since the commencement of the attorney's
employment on the concerned matter. It is immaterial whether
the attention of such barrister, [pleader], attorney or vakil was
or was not directed to such fact by or on behalf of his client.

Such privileged assurance impacts hugely on the client in terms

of the belief & basic trust during client counselling of the details
not being bumped to anyone else. the attorney-client
relationship is based on trust and is sacred in the eyes of the
law—that is, a client can expect that the attorney, once hired,
will keep communications confidential, and, in all but extreme
circumstances, a court will protect disclosures of a client to an
attorney as well.

Impact on the Attorney of the ill-conduct

The ill-conduct of the Attorney with the client is no way fruitful

for the Attorney. It results in the lack of trust for the client. The
client’s trust is the primary thing in the life of an Attorney. The
ill-conduct can restrict the client to express all of his thoughts
in front of the Attorney. This can lead to a massive damage to
the ongoing dispute. Unless & until there is smooth relationship
between the client and the counsel no litigation will survive.
The counsel is incapable to advocate the best of the interests of
the client unless the client believes that the counsel is the best
person to fetch the favorable decree. This will further hamper
the case and client will be devoid of justice which was so
visible.

The nature of the legal profession is such that the client

confides in a lawyer with utmost trust and confidence. The
lawyer shares with his client not just a legal or contractual
relationship but also a fiduciary one. It is a cardinal principle of
the profession that the lawyer should put the client interest
above his own. One of the duties in furtherance of this principle
is that which relates to “Conflict of Interest”. Conflict of
Interest is the influence on a lawyer that exists and which can
negatively affect the client or the advice that a lawyer would
otherwise give. In simple words, it is the personal interest of a
lawyer in a particular matter which clouds the judgment that
he requires to further his client’s interest. It is an advocate’s
ethical duty to inform the client of his interest and not to
accept any engagement which he may have an interest in.

Its negative impact will not allow the Attorney to disclose the
legal consequences of the dispute. He may even shake hands
with opposite party as a result of the tense relationship with
the client. Rule 4 makes it mandatory for an advocate to make
a full and frank disclosure to his client if he has connection with
the parties of the suit or any interest that he may have and
which may affect a client’s judgment to engage him. Rule 23
clearly states that an advocate who has advised a party in
connection with the institution of a suit, appeal or other matter
or has drawn pleadings, or acted for a party, shall not act,
appear or plead for the opposite party in the same matter. 

Given the general practice followed by various law firms,

wherein more than one advocate is involved in a matter, there
exist a need to address issues related to conflict of interest
which may be perceived by any of the advocates in a law firm.
To give effect to the purpose for which the above rules are
drafted, a necessity to change the rules to expand their ambit
and scope of application is of paramount importance. The duty
is not only limited to an advocate to disclose to a client any
conflict but also on law firm to cast a similar duty on their
associates and partners as well. The law firms are required to
put in place a corporate governance system which is to be
followed to avoid any scenarios leading to conflict in interest.
The law firms should incorporate a check system to ensure that
any existing lawyer of a firm shall not be involved in a matter
that he may have an interest in.