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WHO IS ADVOCATE ?
An advocate is a person who pleads on someone else’s behalf. He represents a client in court and role of an advocate is to speak up and fight for what they believe in, using their voice, expertise, and resources to bring attention to an issue and make a difference.
WHAT IS ADVOCATE DUTY ?
Advocate’s duty is to represent their client’s interests in legal matters and to provide them with ethical, competent, and effective legal advice. This includes:
- CONFIDENTIALITY: maintaining client confidentiality and protecting their secrets
- LOYALTY: putting the client’s interests first and avoiding conflicts of interest
- COMPETENCE: providing knowledgeable and skillful representation and advice
- DILIGENCE: working hard and thoroughly on the client’s behalf
- COMMUNICATION: keeping the client informed about their case and decisions
Advocate is also responsible for upholding the law and the legal profession’s standards of ethics, and for providing fair and equal representation to all clients, regardless of their background or personal beliefs
JUSTICE SYSTEM IN INDIA
The justice system in India is a federal system, with the Constitution of India vesting the power to administer justice in the Supreme Court of India at the national level, and in High Courts at the state level. The Indian justice system consists of several different courts, including:
- SUPREME COURT: The Supreme Court is the highest court in India and is the final court of appeal. It has the power to hear appeals against decisions made by High Courts and to provide advice to the government on legal matters.
- HIGH COURTS: There are several High Courts in India, one for each state, and they are the highest court of appeal for the states they serve. High Courts have the power to hear appeals against decisions made by lower courts and to issue writs for the enforcement of fundamental rights.
- DISTRICT COURTS: District Courts are the main trial courts in India, and they have jurisdiction over civil and criminal cases in their respective districts.
- LOWER COURTS: There are various lower courts in India, including Magistrates’ Courts, which hear criminal cases and Small Causes Courts, which hear civil cases.
The Indian justice system also includes alternative dispute resolution mechanisms, such as arbitration, conciliation, and mediation, which can be used to resolve disputes outside of the formal court system.
WHAT ARE WRIT PETITIONS ?
A writ petition in India is a type of legal remedy that can be used to challenge a government action or decision that is deemed to be illegal or unconstitutional. Writ petitions are filed in a higher court, such as the High Court or the Supreme Court, and they request the court to issue a writ, which is a judicial order directing a public authority to take a specific action or to refrain from taking a specific action. There are several different types of writs that can be requested in India, including:
- HABEAS CORPUS: A writ of habeas corpus is used to challenge the legality of detention or imprisonment and to secure the release of a person who is being held unlawfully.
- MANDAMUS: A writ of mandamus is used to enforce a public duty, such as a duty owed by a public official to a citizen.
- CERTIORARI: A writ of certiorari is used to challenge a judicial or quasi-judicial decision that is deemed to be illegal or unconstitutional.
- PROHIBITION: A writ of prohibition is used to prevent a lower court or tribunal from exceeding its jurisdiction or from making an error of law.
- QUO WARRANTO: A writ of quo warranto is used to challenge the legality of a public office and to determine who has the right to hold that office.
Writ petitions are a powerful tool in the Indian justice system and can be used to protect individual rights and freedoms, to hold the government accountable, and to ensure that the rule of law is upheld and continue to play an important role in the Indian justice system and are widely used to seek redress for violations of fundamental rights
WHY TRUST IS IMPORTANT IN THE ADVOCATE-CLIENT RELATIONSHIP?
Trust is important in the advocate-client relationship because it is the foundation of a successful and effective partnership. Without trust, it can be difficult for the advocate to effectively represent and support their client, and the client may be less likely to fully engage and participate in the advocacy process. When there is trust between an advocate and their client, the client is more likely to be open and honest about their needs and concerns, and the advocate is better equipped to provide tailored and effective support. This can help to build a strong, collaborative relationship and ensure that the advocate is able to effectively advance the client’s interests and goals. Additionally, trust can also help to build the client’s confidence and empower them to become more involved in the advocacy process. This can help to increase their agency and increase their chances of achieving positive outcomes. Overall, trust is critical in the advocate-client relationship and is essential for ensuring that the advocacy process is successful and leads to positive outcomes for the client.
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