The Supreme Court has ruled that advocates cannot make commitments to a court without their client’s explicit authorization, emphasizing the fiduciary nature of the lawyer-client relationship.
“A lawyer-client relationship is fiduciary, with the lawyer acting as the client’s agent. The lawyer must respect the client’s decision-making authority. Any undertaking given in court must have the client’s explicit approval,” the court stated.
The case involved an appellant who, through legal representation, had assured a trial court in 2007 that a disputed property would not be transferred. Despite this, the property was later sold, prompting legal action. When challenged, the appellant claimed their lawyer was not authorized to make such a promise.
After being held in contempt by the High Court, the appellants took the matter to the Supreme Court, arguing that the undertaking had been given without their consent. However, the Supreme Court upheld the High Court’s decision, noting that the appellants had ample opportunity to contest the undertaking but remained silent for years.
With this ruling, the court reinforced that while lawyers must adhere to their clients’ instructions, clients cannot evade responsibility by later disowning commitments made in legal proceedings.
