Assignment

Name- Ratna Prabha Pandey

Course- LL. B
Semester- VI
Section- E
Examination Roll No.- 21309806715
Submission Date- 17.05.2025, Friday
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Fact of the case

In the Tis Hazari Courts of Delhi, junior advocate Y faces an ethical dilemma representing
client X, accused of criminal breach of trust at an NGO. Despite X's insistence on innocence,
Y discovers documents suggesting X's guilt and, after confronting X, receives no satisfactory
explanation, hinting at complicity. Y feels compelled to disclose this evidence to the Public
Prosecutor and his conscience is not allowing him to continue to defend. Complicating
matters, X owes unpaid legal fees, leading Y to consider withholding the case file.
The Dilemma
1. Whether an advocate can withdraw from a case if they feel their client is guilty?
2. Whether they can share the confidential incriminating evidence against their
client?
3. Whether an advocate can lien files for unpaid fees?
Observation
Navigating this ethical quagmire requires a balanced approach. According to rule 12 of Bar
Council of India Rules, an advocate can withdraw only if he has a sufficient cause and by
giving reasonable and sufficient notice to the client. So, Y is free to stop defending X giving
a reasonable and sufficient cause but while ensuring that X's rights are protected.
Advocate Y must navigate the ethical complexities of representing a client accused of
criminal wrongdoing with integrity and professionalism. Upholding the principles of justice,
fairness, and confidentiality should guide Y's actions, even in the face of financial incentives
or personal gain. By prioritizing ethical conduct and ensuring their client's rights are
protected.
 Defence attorneys have ethical obligations to provide competent and zealous representation
to their clients. However, these obligations are balanced by broader ethical duties to the court
and the legal profession. If an advocate discovers that their client is guilty, they may face an
ethical dilemma regarding their duty to the client versus their duty to uphold the integrity of
the legal system. Most legal jurisdictions allow attorneys to withdraw from representation
under certain circumstances, including when they believe that continuing representation
would require them to violate ethical rules or engage in conduct that undermines the
administration of justice. However, withdrawal must be done in a manner that minimizes
harm to the client and complies with applicable procedural rules. But advocates are bound by
rules of client confidentiality, which means they cannot disclose information about their
client's guilt without the client's consent. However, this does not necessarily prevent an
advocate from withdrawing from representation if they feel unable to continue zealously
advocating for a client, they believe to be guilty.
The Bar Council of India, under the Advocates Act, has formulated rules and standards of
professional conduct and etiquette for advocates. Rule 15 of the BCI Rules outlines the
duties of an advocate towards their client, emphasizing confidentiality, loyalty, and diligent
representation. These rules underscore the paramount importance of acting in the best
interests of the client and maintaining their trust.
Withholding files in exchange for unpaid fees would undermine the integrity of the legal
profession. Moreover, denying X access to their case file obstructs their right to a fair trial
and legal representation, violating their fundamental rights.
The Supreme Court in R.D. Saxena vs Balram Prasad AIR 2000 SC 2912 held that
advocates do not have a lien on client files for unpaid fees, emphasizing that clients must
have the freedom to change advocates and must receive their files promptly, making
withholding files for unpaid fees both unethical and misconduct under Section 35 of the
Advocates Act.
In the State of Madhya Pradesh vs. Shobharam (AIR 1966 SC 1910), the Supreme Court
emphasized that under Article 22(1), an accused has the right to change their advocate
without the latter withholding case files for unpaid fees. If a client terminates an advocate's
services mid-proceedings, they must receive their file to engage new counsel. Withholding
files can severely disadvantage the client, especially if they lack resources.
Conclusion
Advocate Y can withdraw from case giving reasonable and sufficient cause but must uphold
client confidentiality and cannot disclose incriminating evidence to the Public Prosecutor.
Withholding X's case file for unpaid fees undermines legal integrity and obstructs X's right to
a fair trial and legal representation. Advocates must prioritize clients' interests and maintain
public trust in the legal system.
(Word count – 698)