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The nature of advocate-client relationship

Gavel and book on table

Stucco lawsuits have continued to dominate headlines of matters to do with construction defects. Construction defects can be attributed to a degree of professional negligence and therefore you ought to hire an attorney that will guarantee recovery of substantive damages. However, hiring an attorney has become relatively difficult due to the blossoming number of lawyers in the profession. This increase has also resulted in the presence of unscrupulous persons that are looking to take advantage of the unsuspecting public.

In this regard, you ought to be mindful of the kind of attorney that you contract to advance your interests in a courtweighing scale of law. You must ensure that the attorney is qualified under arctic monkeys uk and licensed to practice law within your jurisdiction. A current practicing certificate usually evidences such qualification. Lawyers are trained to administer different professional services and are guided by ethical rules. These rules are put in place to ensure that the advocate is effective in discharging his duties to the client, the court and the society as a whole. Therefore as a client, you need to understand the nature of the relationship with your attorney. Advocate client relationship is categorized into three facets, and they are detailed as follows;

Contractual relationship

In essence, the legal services offered by an attorney to his client are based on a contract. Depending on the circumstances this kind of contract may be express or implied, but eventually, the attorney will have to explicitly state his terms of employment and the client must sign in a show of consent. In this regard, the contractual relationship will be guided by the ordinary rules of contract law. Your attorney must be ready to read out he terms of the contract before you append your signature.

Fiduciary relationship

gavel on tableAs aforementioned, attorney-client relationship is safeguarded by the rules of professional ethics. Therefore the attorney must demonstrate trust, confidence, faithfulness, and loyalty to his client. This kind of relationship ensures that the attorney advances the interests of the client at all times. The advocate is required to avoid conflict of interest or behaviors that may lead to a miscarriage of justice. The interest of the client must always override those of the advocate on record.

Agency relationship

It is a rule of thumb that the attorney is an agent and the client is the principal. This means that the lawyer has the authority to act on behalf of his client in specific matters while exercising a specified amount of powers. On his part, the advocate is required to share vital information with the client in the decision-making process.…