Advocates Bound By Client's Instructions, But Have No Duty To Verify Truthfulness Of Claims: Delhi High Court

The Delhi High Court has observed that while the advocates are bound by the instructions of their clients, they do not have the duty to verify the truthfulness of the same as it has to be decided by the concerned Courts.

“We may also record that an Advocate is bound by the instructions given to him by his client and it does not form part of his duty to verify the truthfulness or veracity of such instructions especially for the reason that the assertions made by the parties before the Court in the form of pleadings or setting up a case are to be decided by the learned Court concerned in the proceedings and not by the lawyers representing the respective parties,” a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said.

The Court dismissed an appeal filed by a complainant challenging the order passed by a single judge upholding the orders passed by Bar Council of India and Bar Council of Delhi.

The BCD had dismissed the complaint filed by the man in relation to a cheque bouncing case against three lawyers on the ground that he had failed to establish any professional relationship between himself and the counsels.

The BCD further rejected the allegation that the advocates ought to have ascertained the facts with due diligence and only after verification could have contested the matter on behalf of their respective clients.

The BCD also said that the allegations in the complaint were false or correct, is to be decided by the Court, and, thus, no misconduct was made out against the lawyers.

The BCI also dismissed the man's revision petition, observing that no case of any professional misconduct was made out against lawyers and that it is the duty of the Advocate to act on the instructions of their clients and that an Advocate cannot sit and make an investigation of their client's case before representing such client in the Court.

Dismissing the appeal, the division bench said that the reasoning given by the Single Judge to arrive at his conclusions could not be faulted with.

The Court said that no case of professional misconduct was made out against the lawyers. 

It added that if the complaint made by the man was to be acted upon and proceeded with for taking action against the advocates in question, the same will result in undermining the duties which an Advocate owes to his client.

“For the reasons aforesaid, we do not find any irregularity or illegality in the judgment and order passed by the learned Single Judge dated 15.04.2025 so as to call for any interference in this intra-Court appeal,” the Court said.

Title: CHAND MEHRA v. UNION OF INDIA & ORS.

Citation: 2025 LiveLaw (Del) 1001

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