A counsel is bound to appear in the Court when a matter is called so as to represent his paymaster and in the event of default, the Court may proceed with the case regardless of the consequences befalling upon the unrepresented client, who may sue the counsel for any injury or loss on account of failure to provide him legal assistance. It is also noteworthy to mention here that the lawyers have no right to strike i.e. to abstain from appearing in Court in cases in which they hold power of attorney (Wakalatnama) for the parties, even if it is in response to or in compliance with a decision of any association or body of lawyers. In exercise of the right to protest, a lawyer may refuse to accept new engagements and may even refuse to appear in a case in which he had already been engaged, if he has been duly discharged from the case. But so long as a lawyer holds the power of attorney for his client and has not been duly discharged, he has no right to abstain from appearing in Court even on the ground of a strike called by the Bar Association or any other body or lawyers. If he so abstains, he commits a professional misconduct, a breach of professional duty, a breach of contract and also a breach of trust and he will be liable to suffer all the consequences thereof.
Writ Petition-Civil Proceedings-8094-20MUHAMMAD EHSAN VS A.D.J ETC. 14-12-2020 2020 LHC 3545
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