Advocate Cannot Give Undertaking to Court Without Client’s Explicit Authority: Supreme Court
Advocate Cannot Give Undertaking to Court Without Client’s Explicit Authority: Supreme Court By Abhishek Jat, Advocate In a significant ruling, the Supreme Court of India has reiterated the fiduciary nature of the lawyer-client relationship, emphasizing that an advocate cannot provide an undertaking to the court without explicit authorization from the client. The judgment, delivered by a bench comprising Justices Pankaj Mithal and Sanjay Karol, underscores the importance of respecting the client’s decision-making rights and the limitations on an advocate’s authority in legal proceedings. Background of the Case The case, Smt. Lavanya C & Anr. vs. Vittal Gurudas Pai (Deceased) by LRS. & Ors. , arose from a dispute involving the alleged breach of an undertaking given by the appellants before the trial court. In 2007, the appellants, through their counsel, had submitted an undertaking stating that they would not alienate the suit property. This undertaking was rec...