Under Pakistani law, the relationship between a lawyer and his or her client is based on trust, professional responsibility, contract and agency. Once an advocate accepts a client’s case, the lawyer assumes important legal and ethical duties to protect the client’s legitimate interests while remaining subject to the law, professional conduct rules and the overriding duty to the court.
The relationship is therefore much more than a simple commercial arrangement. A client entrusts the lawyer with confidential information, legal documents, money and, in many cases, matters involving the client’s liberty, property, reputation or other important legal rights.
Nature of the Lawyer – Client Relationship
The lawyer – client relationship has several interconnected dimensions.
1. Fiduciary relationship
An advocate occupies a position of trust and must act honestly, loyally and in good faith. The lawyer is expected to place the client’s legitimate legal interests above personal gain and avoid exploiting the confidence placed in him or her.
2. Contractual relationship
The engagement of a lawyer also has a contractual element. The client engages the advocate to provide professional legal services, while the advocate agrees to represent the client subject to the terms of the engagement and applicable law.
3. Agency and representation
A Wakalatnama generally authorizes an advocate to act and appear on behalf of a client in legal proceedings, subject to the authority granted and the procedural rules applicable to the particular court or proceeding. The principles of agency under the Contract Act, 1872 can also be relevant to this relationship.
Laws Governing the Relationship
The professional conduct of advocates in Pakistan is principally governed by the Legal Practitioners and Bar Councils Act, 1973, together with the rules framed under the Act.
The Pakistan Legal Practitioners and Bar Councils Rules, 1976, particularly the provisions concerning the Canons of Professional Conduct and Etiquette, prescribe standards governing an advocate’s conduct toward clients, courts and other parties.
Another important protection concerns professional communications between lawyer and client. The Qanun-e-Shahadat Order, 1984 contains provisions relating to professional communications and the circumstances in which an advocate may be prevented from disclosing information obtained in the course of professional employment.
What Duty of Care Does a Lawyer Owe to the Client?
A lawyer is expected to exercise reasonable professional skill, diligence and loyalty in handling a client’s matter. Depending on the nature of the engagement, this may include:
- Giving competent legal advice.
- Preparing and presenting the client’s case professionally.
- Protecting the client’s legitimate legal interests.
- Keeping the client reasonably informed about significant developments.
- Maintaining confidentiality.
- Avoiding conflicts of interest.
- Properly handling documents, information and money entrusted by the client.
- Complying with applicable court procedures and professional rules.
The lawyer’s duty is to zealously represent the client’s lawful interests, but this does not mean that an advocate is requiredor permittedto do anything the client demands.
Confidentiality Is a Fundamental Duty
Confidentiality is one of the most important features of the lawyer – client relationship. Information communicated by a client to an advocate in the course of professional employment is generally protected by professional and evidentiary rules.
A lawyer should therefore not disclose a client’s confidential information merely because disclosure would be convenient or beneficial to the lawyer. The protection of confidentiality is particularly important because clients must be able to communicate the facts of their cases honestly to their lawyers.
However, confidentiality should not be misunderstood as giving a lawyer permission to participate in unlawful conduct. The precise scope of professional privilege and its exceptions depends on the applicable law and circumstances.
Conflict of Interest
An advocate must also avoid conflicts between the interests of different clients. For example, a lawyer should not improperly use confidential information obtained from a former client for the benefit of another client whose interests are adverse.
Professional ethics therefore require advocates to maintain loyalty and independence and to avoid circumstances in which their personal interests or other professional engagements compromise their ability to represent a client fairly.
Can a Lawyer Do Everything Necessary to Protect the Client?
No.
A lawyer’s responsibility to a client has important legal and ethical limits. The advocate is not the client’s agent for committing unlawful acts.
For example, an advocate cannot knowingly:
- Present fabricated or false evidence.
- Assist a client in giving or relying upon perjured testimony.
- Mislead the court.
- Suppress or deliberately conceal material facts where the law requires disclosure.
- Engage in conduct that obstructs the administration of justice.
- Acquire an improper personal financial interest in the subject matter of litigation contrary to professional rules.
The lawyer’s responsibility is consequently to protect the client’s lawful interests, not to secure victory at any cost.
Duty to the Court Comes First
One of the most important principles of legal ethics is that an advocate has a duty not only to the client but also to the administration of justice and the court.
A lawyer may strongly defend a client, challenge evidence, cross-examine witnesses and present every legally permissible argument. But the advocate cannot knowingly deceive the court or assist in fraud on the judicial process.
This creates an important distinction:
A lawyer must be loyal to the client, but that loyalty operates within the boundaries of law, professional ethics and the administration of justice.
What Can a Client Expect From a Lawyer?
A client can reasonably expect professional representation, confidentiality, diligence, loyalty and competent handling of the matter within the scope of the lawyer’s engagement.
At the same time, a client should understand that a lawyer cannot guarantee the outcome of a case. Courts make independent decisions based on the law and evidence, and an advocate’s role is to present and protect the client’s case through lawful and professional means.
Conclusion
The lawyer – client relationship in Pakistan is founded on trust, confidence, professional responsibility, contract and representation. Pakistani law and professional rules impose significant duties on advocates, particularly concerning confidentiality, loyalty, competence, diligence and conflicts of interest.
However, the lawyer’s duty to protect a client does not extend to unlawful or unethical conduct. An advocate must remain within the boundaries established by law and professional ethics, and the duty owed to the court and the administration of justice ultimately places limits on client advocacy.
Anyone involved in an actual dispute concerning a lawyer’s professional conduct, negligence, confidentiality or breach of duty should obtain advice from an independent qualified lawyer and consider the specific facts, court rules and applicable Bar Council regulations.
Disclaimer
This article is provided for general informational and educational purposes only. It is not legal advice and should not be treated as a substitute for advice from a qualified advocate in Pakistan. The application of Pakistani law may vary according to the facts, nature of the proceedings, court jurisdiction and applicable rules. Readers should obtain independent professional legal advice before taking action in any specific matter.
