Why You Should Disclose All The Facts To Your Advocate Before Filing A Suit/complaint

It is important to understand that your advocate is the one who will be representing you before the Court of Law/Authorities. At the time of briefing your advocate about your case before filing of the Suit/Complaint, you should tell all the facts to your advocate which relate to your case. One fact is said to be relevant to another when the one is connected with the other in any manner. Hence, you should tell each and every fact in your knowledge to your advocate before filing of the Case/Complaint. Your advocate will incorporate only the relevant facts in the pleading of the case or in the complaint as a fact may be logically relevant, however the same may not be legally relevant. The facts which are not legally relevant are not admissible in the court of law.

Once, a Suit is filed before the Court of Law and you have omitted any part of your claim or you have not told to your advocate about any claim already received, your suit shall be barred under Order II Rule 2 CPC and you will not able to pursue the suit and it will be waste of your time and money. If, you disclose each and every fact to your advocate, it will help your advocate to cover the gaps, if any through averments in the pleadings of the Suit which will later be proved beneficial in your case.

In most of the cases, it has been found that the client do not disclose all the necessary facts at the time of filing of the Suit/Complaint to their advocate as, it is a perception in the mind of the litigant to not tell all the facts to the advocate as disclosing the same will create a different image of the person in the mind of the advocate. For example, the clients at the time of filing affidavits in respect to their assets before the court, do not disclose their advocate, their true assets and later, it is proved by the opponent that the affidavit filed before the court is false and incorrect as it does not disclose true assets. This will lead to criminal proceeding for filing false affidavit before the Court and adverse orders against the person. In case, true assets would have been disclosed to the advocate by the client, the advocate could have find other ways and the situation would have been avoided.

The advocate is bound to keep all your information confidential and shall not disclose any information provided by you to any other person without your consent. The advocate in under obligation to act with absolute fairness towards his client and works professionally with utmost good faith and you can trust your advocate without any doubts.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate