Client - Definition - Law Dictionary Home Dictionary Definition client
Definition :
Client [fr. cliens, Lat., said to contain the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor's costs (English) (Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), s. 81). The relation between solicitor and client is a highly confidential one, and the power which his situation gives the former over the latter makes it impossible to be perfectly assured, in certain cases, whether in their transactions the client is a free agent, or under influence and imposition. A Court of Equity, therefore, will not permit a solicitor to take a present from his client, over and above his fees, however reasonable it might appear to be; the solicitor is entitled to his legal remuneration and nothing more. Nor will the Court allow a solicitor to make a purchase from his client, whilst the relation subsists. In short, all dealings, of whatever kind, between solicitor and client, so long as the relation continues, are viewed by the Court with the utmost jealousy, and if impeached the onus of upholding them is thrown on the solicitor; see, as to the general law on this subject, Re Haslam, 1902 (1) Ch 769; Holman v. Loynes, (1854) 4 De GM & G 270; Wright v. Carter, 1903 (1) Ch 27.
Among the Romans, nearly all citizens were comprehended into two classes--patron and client. Their relative rights and duties were as follows:--The patron was the legal adviser of the client; he was the client's guardian and protector, as he was the guardian and protector of his own children; be maintained the client's suit when he was wronged, and defended him when another complained of being wronged by him; in a word, the patron was the guardian of the client's interests, both public and private. The client contributed to the marriage portion of the patron's daughter, if the patron were poor; and to his ransom or that of his children, if taken prisoners; he paid the costs and damages of a suit which the patron lost, and of any penalty in which he was condemned; he bore a part of the patron's expenses incurred by his discharging public duties, or filling the honourable places in the State. Neither party could accuse the other or bear testimony against the other, or give his vote against the other. The relationship between patron and client subsisted form any generations, and resembled in all respects a relationship by blood. It was the glory of illustrious families to have many clients, and to add to the number transmitted to them by their ancestors.
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