LHC explains why a client bound by his or her counsel’s statement

LAHORE: The Lahore High Court (LHC) has held that a client is bound to honour even a concessional statement of his counsel recorded on his behalf and cannot wriggle out on flimsy grounds.

The court said, “The advocate’s power in the conduct of a suit allows him to abandon the issue, which in his discretion, is advisable in the general interest of his client.”

However, any statement or concession made by the counsel on behalf of his client not covered under the power of attorney would not be binding at all upon his client, the court added.

The court passed this order in a petition of Fayaz Ahmed Tariq who approached against his counsel for withdrawing his application allegedly without his consent.

The court said from the perusal of the power of attorney, there remains no cavil that advocate was vested with the authority to record his statement even concessional on behalf of the applicant.

The court said stance of the applicant that statement was recorded by his counsel without any authority, loses its efficacy and is highly untenable.

The court, therefore, dismissed the petition for being devoid of any merits and remarked that applicant is bound by the statement recorded by his duly appointed counsel and he cannot take a summersault now.

The court said a party is always bound by the statement of his counsel unless something is contrary in the power of attorney placing restriction on the authority of the counsel to compromise or abandon the claim.

There is logic behind this principle of law because if no credibility is extended to the statement of counsel, duly authorized by the party to record any statement on his behalf, it will erode the sanctity attached to the judicial proceedings, the court added.

The court observed that in the recent past, a tendency has developed amongst the litigants that they appoint counsel of their choice while bestowing authority to act on their behalf before the court, however, in case of settlement of issues on basis of bilateral compromise between the parties and recording of statement of their counsel in furtherance thereof before the court, they tend to resile from the statement with plea that it is neither valid nor binding upon them.

This practice amounts to play havoc with the process of law, the court added.

The court said that this trend cannot be appreciated at all and if it is allowed to flourish it will completely diminish the confidence and trust attached to the fiduciary relationship inter se counsel and client on the one hand and on the other, it will erode the sanctity attached to the judicial proceedings, the court concluded.

Copyright Business Recorder, 2026