RIGHT TO LEGAL REPRESENTATION
A lawyer can assist in defining the problems, straightforwardly presenting the facts, cross-examining witnesses, and otherwise protect the interests of the party in consideration. the right to be represented by a lawyer or another person may be demonstrated to be part of the Natural Justice Principles if no provision to the contrary exists. In general, legal representation is not regarded as a necessary component of the right to a fair hearing. The right to be represented is seen as more of an exception than a rule.
CAN LAWYERS CHOOSE NOT TO REPRESENT SOMEONE?
The ‘Cab Rank rule,’ which is adopted by lawyers in common law jurisdictions, is that an advocate shall deny representing any client who in Simply put, a lawyer cannot refuse to provide legal assistance to anyone who approaches him or her. The “Cab Rank Rule” is included in Chapter II, Part VI of the Bar Council of India Rules, and it prohibits the use of unfair or improper tactics.
Any client who insists on utilizing unfair or improper techniques will be refused representation by an advocate. In such cases, an advocate must disregard his judgement. He will not mindlessly follow the client’s directions. In correspondence and during courtroom arguments, he must use dignified language.
WHY WOULD A LAWYER STOP REPRESENTING A CLIENT?
There can be various reasons for a lawyer to decline representing the case:
- Where the client is not truthful
- Where the client is not accepting the advice of the lawyer
- Where the client demands an unethical favor from the lawyer
- When the demands of the client are unrealistic
- When the client aims to mislead the court
- Where the client refuses to co-operate with the lawyer.
- Where there is a legal fees dispute
A lawyer cannot give up a case just because there are fewer chances of it to win the case. To give up with the case there must be some valid reason.
CAN A LAWYER REPRESENT A FRIEND?
Except for petitioners in person, the Supreme Court has held that no one other than advocates is allowed to plead cases on behalf of others. It is not a question of the right to allow a person to plead his case in front of a court. There’s no reason why a lawyer can’t represent a close friend without breaching the law. it’s legal though, depending on the circumstances, a lawyer may risk some ethical violations by representing someone with whom he or she has a personal relationship.
WHAT IS A CONFLICT OF INTEREST FOR LAWYERS?
A conflict of interest is an effect on a lawyer that exists and can have a detrimental impact on the client or the advice that a lawyer would otherwise provide. In other words, a lawyer’s interest in a specific subject impairs the judgement required to enhance his client’s benefit. A conflict of interest exists whenever there is a significant danger that a lawyer’s ability to assess, recommend, or carry out an appropriate course of action for the client would be materially reduced as a result of the lawyer’s other responsibilities or interests, even if there is no direct adverseness.
WHAT SKILLS DOES A LAWYER HAVE?
Here is a list of various qualities that a lawyer has, all these help a lawyer in understanding and solving cases.
- Fluent Verbal Communication.
- Superior Writing Skills.
- Logical and Analytical Rationale.
- Initiated toward Teamwork.
- Time Management
- Extensive Legal Research.
- Coherent Client Service.
- Substantive Knowledge on Law and Legal Procedures.
- Well-versed In Technology.
- Patient and calm
- Project management
- Leadership and responsiveness
- Client care
- Public speaking
- Independence and confidence
- Emotional balance
- Curious mind
REASONS WHY LAWYERS WON’T TAKE YOUR CASE
- A lawyer will only take a case if it has the potential to recover more money than the lawyer will have to invest in trying the case.
- If your case has been frequently dropped by another company, subsequent attorneys will be hesitant to take it on, either because of liability or because of unreasonable expectations.
- A statute of limitations is legislation that specifies the amount of time you have from the date of an alleged offence, whether civil or criminal, to file a lawsuit. The amount of time a victim has to file legal action against a suspected wrongdoer varies from state to state or jurisdiction to jurisdiction.
- A lawyer will refuse your case when he doesn’t have specialization in the field.
- An attorney is under no obligation to take your case. Taking on a new customer necessitates the beginning of a new business relationship, which is a two-way street. They may choose to dismiss your case if you are seen to be difficult to work with, arrogant, or confrontational.