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Principle of lawyer

(Querist) 22 January 2014 This query is : Resolved 
1 Question arise in my mind always that what is the principle of lawyer to protect his client or to be with truth i.e. If a lawyer know that his client is criminal what he should do in that case????
R.K Nanda (Expert) 22 January 2014
no comments .
Advocate. Arunagiri (Expert) 22 January 2014
If the client is admitting himself as criminal, it is the duty of the advocate, to take all the available defense and then to get a lesser punishment, in accordance with law.
ajay sethi (Expert) 22 January 2014
duty of advocate is to fight for his client. it is for court to decide whether he is guilty or not .
Garima Sharma (Querist) 22 January 2014
Sir,

@ arunagiri ji,I thoroughly respect yr views,but if client is not admitting his crime but its come to lawyer's knowledge that he is guilty what he should do?
ajay sethi (Expert) 22 January 2014
still fight the case . client has engaged your services to defend him . you are not concerned whether he is guilty or not .
Garima Sharma (Querist) 22 January 2014
2 ajay sethi Sir,If a lawyer' s duty is only to protect his client then how can he say himself a lawyer,as you know that court believe only on proof and sometime it happens that proof are not available then whether a lawyer should be silent in this matter.
Garima Sharma (Querist) 22 January 2014
but by defending him i am doing unjust to my law profession is that justified?
Garima Sharma (Querist) 22 January 2014
but i am concerned with my law profession
DEFENSE ADVOCATE.-firmaction@g (Expert) 22 January 2014
Laws are made by human beings and if one set of people make any law than other set of people who come in power later make them wrong.

So it is the duty of the advocate only to see whether the client if legally wrong how he /she can be legally assisted to come out of his problems.

No human being what to say of an advocate- is not a final arbiter of what is wrong and what is right.
Garima Sharma (Querist) 22 January 2014
then why this law profession is running judge is also a human being as he also not have any right to state what is right or wrong and let it make more clear assume that client is having a guilty mind as per mens rea that is it the duty of lawyer to prove the truth in court?
ajay sethi (Expert) 22 January 2014
it is duty of lawyer to defend his client irrespective of proof
Garima Sharma (Querist) 22 January 2014
sir,

can you please tell me in which section it is stated i will study that.
Garima Sharma (Querist) 22 January 2014
i want to thank all of u to solve my query and corporate me
ajay sethi (Expert) 22 January 2014
thanks for your appreciation
V R SHROFF (Expert) 22 January 2014
Duty Bound:: Like Bhismapita maha.,

Defend your client is prime duty. Client come to you and pay your fees, engage you, to protect him.

Advocate can't work like Judge,.He can't punish or aquit client.

In this world, everybody have to play their role,
Drama goes on.
black and white makes picxture, single colour cannot.
It can be colourful, vibrant, attractive, due to diff colour, diff roles.
Just do your duty and ENJOY IT.
IT'S ALL DRAMA

IT'S HIS FATE..
You can't determine his fate, his punishment, his aquittal.

you can only perform your duty.
GITA:: DO YOUR DUTY, DO NOT THINK OF IT'S RESULT/ IT'S FRUIT..

Arvind Singh Chauhan (Expert) 22 January 2014
Let me satisfy you-

1. Why doctor treats a terrorist injured in police encounter,should he let him die ? It is because of his professional ethic and duty.

2. Why police save a thief who is caught red handed and is being beaten by public. Police save him from public and arrest and give him first aid then produce before magistrate.?

3. Kasab accused of Mumbai bomb blast, why he was not killed after being arrested by police ?

4. Why judges follows the all legal formalities, and provides full opportunity of being saved to a well known criminal, and acquits him if prosecution failed to prove case.

Now think over !!!!!!!

Rajendra K Goyal (Expert) 22 January 2014
A theoretical and academic discussion, well advised by the experts.
Guest (Expert) 22 January 2014
If you are so particular dont contest the case issue him change of vakhalat.When the client approaches with full confidence with advocate it is professional ethics to protect him or say no to him from your side
Devajyoti Barman (Expert) 22 January 2014
Unfit query in this section. This should have been posted in Forum section.
prabhakar singh (Expert) 22 January 2014
Lawyers/advocates are governed by the body called BAR COUNCIL and it is council that decides laying rules to be observed as DOs and Do'nts.
prabhakar singh (Expert) 22 January 2014
TO KEEP YOUR OTHER ZEAL SATISFIED BETTER VISIT FOLLOWING PAGE

http://www-bcf.usc.edu/~idjlaw/PDF/18-2/18-2%20Asimow.pdf







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