COURT: | Supreme Court |
CORAM: | Arun Mishra J, H. L. Dattu CJI, S. A. Bobde J |
SECTION(S): | Advocates Act 1972, Bar Council of India Rules 1975 |
GENRE: | Other Laws |
CATCH WORDS: | Admission by lawyer whether binding on client |
COUNSEL: | - |
DATE: | April 29, 2015 (Date of pronouncement) |
DATE: | September 4, 2015 (Date of publication) |
AY: | - |
FILE: | Click here to view full post with file download link |
CITATION: | |
The client is not bound by a statement or admission which he or his lawyer was not authorised to make. The Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed |
Generally, admissions of fact made by a counsel is binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the Court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. Lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed. We hasten to add neither the client nor the Court is bound by the lawyer’s statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client’s instructions rather than substitute their judgment for that of the client.
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