Time: 45 Minutes

Paper: Lb-601

Max. Marks: 20
All questions carry equal marks.
There is no negative marking.

Q. 1. What do you understand by the "Professional Ethics" of Lawyers?

(a) It is the code of conduct which lawyers have to observe in the

(b) It is the code of conduct which lawyers have to observe during the proceedings of the
court.
(c) It is the code of conduct which every lawyers has to observe with themselves, public at
large, their clients and courts during the period of their profession.
(d) None of the above

Q. 2. What is the meant by the term "professional misconduct"?

(a) An act done willfully with wrong intention.

(b) Conduct which amounts to dereliction of duty by an advocate towards his client or
towards his case.
(c) Gross negligence in the discharge of duties.
(d) All of the above

Q-3. Standards of Professional Conduct and Etiquette provides that an advocate shall-

(a) maintain towards the court a respectful attitude, bearing in mind that the dignity of the
judicial office is essential for the survival of a free community.
(b) appear in court at all times only in prescribed dress, and his appearance shall always be
presentable
(c) Both (a) and (b)
(d) Neither (a) nor (b)

Q. 4. In which Section of the Advocates Act, 1961 the term 'Advocate is defined-

(a) Section 2(a)

(b) Section 2(b)
(c) Section 2(c)
(d) Section 2(d)
 sec. 2(a)
Q. 5. "Advocate" means an advocate entered in any roll under the provisions of-

(a) Constitution of India

(b) Advocate Act, 1961
(c) Advocate Act, 1948
(d) None of the above

Q. 6. According to Section 24 of the Advocates Act, 1261 what is/are be qualification/s of

persons who may be admitted as advocates"

(a) he must be citizen of India

(b) he has completed the age of 21 year
(c) he has obtained a degree in law
(d) All the above

Q. 7. Any person who illegally practices as an "Advocate" in any court shall be punished
with- Section 45. Penalty for persons illegally practising in courts and before
other authorities
(a) imprisonment which may extend to six months
(b) imprisonment which may extend to three months
(c) imprisonment which may extend to one month
(d) Fine which may extend to five thousand rupees

Q. 8. Which of the following persons shall not be admitted as an advocate on a State Roll-

(a) A person convicted of an offence involving moral turpitude Section 24A.

(b) A person convicted of an offence under the provisions of Disqualification for enrolment
untouchability (offences) Act, 1955
(c) A person who is dismissed or removed from employment on
any charge involving moral turpitude
(d) All of the above

Q.9. According to Section 4 of the Advocates Act, 1961-

(a) There shall be a Bar Council for the territories to which the Act extends to be known as
Bar Council of India
(6) There shall be a Bar Council for every district to which the Act extends
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Q. 10. Every Bar Council is- Section 5. Bar Council to be body corporate
(a) A body corporate having perpetual succession and a common seal
(b) Competent to contract and to acquire and hold movable,
immovable property
(c) May sue and be sued
(d) All the above

Q. 11. The Bar Council of India consist of the following members, namely- Section 4. Bar
Council of India
(a) The Attorney-General of India, ex-officio
(b) The Solicitor-General of India, ex-officio
(c) One member elected by each State Bar Council from among its members
(d) All of the above

Q.12. What are the general functions of State Bar Council- Section 6. Functions of State
Bar Councils
(a) To admit persons as advocates on its roll and to prepare and maintain such roll
(b) To entertain and determine cases of misconduct against advocates on its roll
(c) To safeguard the rights, privileges and interests of advocates on its roll
(d) All of the above

Q. 13. In which Section of the Advocates Act, 1961, the Bar Council has to constitute
Disciplinary Committees?

(a) Section 7
(b) Section 8
(c) Section 9
(d) Section 10

14. What are the functions of the Bar Council of India- Section 7. Functions of Bar Council
of India
(a) to lay down standards of professional conduct and etiquette for advocates
(b) to lay down the procedure to be followed by its disciplinary committee and the
disciplinary committee of each State Bar Council
(c) to deal with and dispose of any matter arising under this Act, which may be referred to it
by a State Bar Council
(d) All of the above

Q. 15. A Bar Council shall constitute- Section 9. Disciplinary committees

(a) One or more disciplinary committee

(b) Consists of three persons, two to be elected and other to be co-opted
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Section 9. Disciplinary committees ,sub-section (2) of section 3 and who are not
members of the Council, and the senior-most advocate amongst the members of a
disciplinary committee shall be the Chairman thereof.
Q. 16. Who shall be the chairman of Disciplinary Committee?

(a) he senior most advocate amongst the members of a Disciplinary, Committee

(b) A person to whom a Bar Council selects as a chairman
(c) Deputy Chairman of Bar Council
(d) None of the above

Q. 17. Every Bar Council shall constitute consisting of- "Legal Aid Committee” consisting
of- Section 9A. Constitution of legal aid committees

(a) At least 5 members but maximum 9 members

(b) At least 3 members but maximum 9 members
(c) At least 5 members but maximum 7 members
(d) At least 3 members, but maximum 7 members

Q. 18. Which Section of Advocates Act, 1961 provide for punishment of advocates for
misconduct?

(a) Section 32
(b) Section 35
(c) Section 36
(d) Section 38

Q. 19. Which Section of Advocates Act, 1961 provides for Disciplinary powers of Bar
Council of India-
(a) Section 35
(b) Section 36
(c) Section 38
(d) Section 39

Q. 20. Where on receipt of a complaint or otherwise a State Bar council has reason to
believe that any advocate on its roll has been guilty of professional or other misconduct, it
shall refer the case for disposal to-
Section 35. Punishment of advocates for misconduct.
(a) Standing Committee
(1) Where on receipt of a complaint or otherwise a
(b) Disciplinary Committee
State Bar Council has reason to believe that any
advocate on its roll has been guilty of professional or
other misconduct, it shall refer the case for disposal to
its disciplinary committee.
 Section 35. Punishment of advocates for misconduct
(3) The disciplinary committee of a State Bar Council after giving the
advocate concerned and the Advocate-General an opportunity of being
heard, may make any of the following orders, namely:--
(a) dismiss the complaint or, where the proceedings were initiated at the
(c) Legal Aid Committee instance of the State Bar Council, direct that the proceedings be filed;
(d) None of the above (b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
Q. 21. The Disciplinary Committee of a State Bar Council after giving the advocate
concerned and the Advocate-General an opportunity of being heard, may make any of the
following orders, namely-

a) Dismiss the complaint

(b) Reprimand the advocate
(c) Suspend the advocate from practice for such period as it may deem fit
(d) All of the above

Q. 22. Where an advocate is suspended from practice, by the disciplinary committee of

State Bar Council, he shall during the period of suspension, be debarred from practising-
Section 35. Punishment of advocates for misconduct
(a) in the court where he was practising(4) Where an advocate is suspended from practice under clause (c)
of sub-section (3), he shall, during the period of suspension, be
(b) in the High Court
debarred from practising in any court or before any authority or
(c) in the Supreme Court person in India.
(d) in any court or before any authority or person in India
The Advocate Act provides
remedies against the order of
Q. 23. What are the remedies to the advocate against order of punishment- punishment. An advocate
aggrieved by the order of
Disciplinary Committee can
(a) Review the order by Disciplinary Committee evoke the following remedies -
(b) Appeal against the orders of Disciplinary Committee of State Bar Council 1) Review u/s 44
(c) Appeal before Bar Council of India 2) Revision u/c 48A
(d) All the above 3) Application for Stay u/s 40(1)
4) Appeal u/s 37/38

Q.24. A person aggrieved by an order of the disciplinary committee of a State Bar Council
may prefer an appeal to the-

(a) High Court

(b) Supreme Court
(c) Bar Council of India
(d) None of the above

Q. 25. Any person aggrieved by an order of the disciplinary committee of a State Bar
Council may prefer an appeal to Bar Council of India- Section 37. Appeal to the Bar
Council of India
(1) Any person aggrieved by an
(a) Within sixty days from the date of communication of the order to him order of the disciplinary
(b) Within thirty days from the date of communication of the order to him committee of a State Bar
(c) Within ninety days from the date of communication of the order to himCouncil made 1[under section
35] 2[or the Advocate-General
(d) No appeal lies against such order
of the State] may, within sixty
days of the date of the
communication of the order to
him, prefer an appeal to the Bar
Council of India.
Q. 26. Where on receipt of a complaint or otherwise the Bar Council of India has reason to
believe that any advocate whose name is nor entered on any state roll has been guilty of
professional or other misconduct, it shall refer the case for disposal of its disciplinary
committee. This is provided in-
Section 36. Disciplinary powers of Bar Council of India
(a) Section 36 (1)
(b) Section 37
(c) Section 38
(d) Section 39

Q. 27. The Disciplinary Committee of the Bar Council of India may dispose any proceedings
for disciplinary action against any advocate pending before the disciplinary committee of
Section 36. Disciplinary powers of Bar Council of
any State Bar Council- India
(2) Notwithstanding anything contained in this
(a) on its own motion Chapter, the disciplinary committee of the Bar
(b) on a report by a State Bar Council Council of India may, 2[either of its own motion or
on a report by any State Bar Council or on an
(c) on an application made to it by any person interestedapplication made to it by any person interested],
(d) All of the above withdraw for inquiry before itself any proceedings
for disciplinary action against any advocate
pending before the disciplinary committee of any
State Bar Council and dispose of the same.
Q. 28. The disciplinary committee of a Bar Council has the same powers as are vested in a
Civil Court, namely. Section 42. Powers of disciplinary committee
(1)
(a) Summoning and enforcing the attending of any person and examining him on oath
(b) Requiring discovery and production of an documents
(c) Receiving evidence on affidavits (d) requisitioning any public record or copies thereof
from any court or office;
(d) All of the above (e) issuing commissions for the examination of
witnesses or documents;
(f) any other matter which may be prescribed:
Q. 29. Which Section provides that where any proceedings in respect of any disciplinary
natter against an advocate is pending before the disciplinary committee of a State Bar
Council then it shall be disposed by the disciplinary committee of State Bar Council within
a period of six months from the date of such commencement or within a period of one
year from the date or receipt of the complaint whichever is later, failing which such
proceedings shall stand transferred to the Bar Council of India for disposal.

(a) Section 36B

(b) Section 37B
(c) Section 38B
(d) Section 39B
Q. 30. Any person aggrieved by an order made by disciplinary committee of Bar Council of
India may prefer an appeal before-
Section 38. Appeal to the Supreme Court
(a) Any High Court
(b) Supreme Court of India
(c) Appellate Committee of Bar Council of India
(d) No appeal lies

Q. 31. The Bar Council of India may-

(a) Review any order passed by it

(b) Review any order passed by it either suo motu or otherwise
(c) Review within sixty days of the date of the order
(d) All of the above

Q. 32. Section 44 confers the powers of ......... on the disciplinary committee of a Bar
Council-
(a) Appeal
(b) Revision
(c) Review
(d) None of the above

Q.33. The limitation period prescribed for preferring appeal against the order made by
disciplinary committee of Bar Council of India is ...........days from the communication of
the order

(a) Thirty days

(b) Sixty days
(c) Ninety days
(d) Fifteen days

Q 34. Under Section 48A of the Advocates Act 1961, the Bar Council of India enjoys the
power of-

(a) Revision
(b) Review
(c) Appeal
(d) None of the above
Q.35. Any person aggrieved by an order made by the disciplinary committee of the Bar
Council may prefer an appeal before

(a) Supreme Court

(b) Any High Court
(c) Any Court in India
(d) None of the above

Q. 36. State Bar Council under the provisions of Section 35 of the Advocates Act, 1961 has
the authority to-

(a) Reprimand the advocate

(b) Suspend the advocate from the practice for such period of time as it may deem fit
(c) Remove the name of the advocate from the State roll of advocates
(d) All of these

Q. 37. Any person aggrieved by an Order made by the Disciplinary Committee of the Bar
Council of India under Section 36 or 37 of the Advocate Act, 1961 may prefer an appeal to
the-
(a) State Government Section 38. Appeal to the Supreme Court
(b) Central Government
(c) High Court
(d) Supreme Court

Q. 38. The disciplinary committee of a Bar Council may exercise its power of review-

(a) on its own motion or otherwise Section 44. Review of orders by disciplinary
(b) within sixty days of the date of the order committee
(c) Both (a) or (b)
(d) Neither (a) nor (b)

Q. 39. Under which Section of the Advocates Act, 1961 an aggrieved person may go for the
appeal before Supreme Court against an Order made by the Disciplinary Committee of the
Bar Council of India-

(a) Section 36
(b) Section 37
(c) Section 38
(d) Section 39
Q. 40. The disciplinary committee of a Bar Council has power to

(a) Requisition of any public record or copies thereof from any court or office
(b) Issue commissions for the examination of witness or documents
(c) Both (a) and (b)
(d) Neither (a) nor (b)

Q. 41. Under Section, 12 of the Advocates Act, 1961 what are the powers given to the
Disciplinary Committee?

(a) Summoning and entering the attendance of any person and examining him oath
(b) Requiring discovery and production of any document
(c) Receiving evidence on affidavit
(d) All of the above

Q.42. A, an advocate, received money on behalf of a client, C. A did not intimate C of the
receipt of money, but noted in his accounts that he had received money on behalf of C and
set aside the amount as his fees in full. On discovering that A had received the money, C
demanded the money. A assures C that once the proceeding is over, C would have had to
pay A fees anyway, and that he has already recorded in his accounts that his fees have been
paid in full. In light of these facts, which of the following statements is the most accurate

(a) A has clearly fulfilled his duty by recording in the register that he has received C's money
as fees.
(b) A had fulfilled his duty by recording in the register that he has received C's money as fees,
but should have handed over the money to C on his demand.
(c) A erred in setting aside C's money for fees without written permission.
(d) A is entitled to his fees, and was within his rights to set aside the money as fees, as he
noted in his accounts that his fees had been paid in full.

Q. 43.C has engaged an advocate, A. B is C's mother and she asks A to withdraw the suit
filed by C as the litigation is causing public embarrassment to the entire family. What should
A do?

(a) A should withdraw the suit since the family name is at stake.
(b) B has a fiduciary relationship with C, and A would therefore be obliged to withdraw the
suit for the benefit of the C's family on B's instructions.
(c) A has a duty to refrain from fomenting litigation, and should therefore withdraw the suit.
(d) A has a professional obligation to act solely on the instructions of the client, C, and should
not withdraw the suit on B's instructions.
Q.44. A is one of five children. A and the other four siblings are all equal heirs to a family
property. On account of a quarrel between the siblings, A approaches an advocate, C, who
advises them not to approach the court and to instead settle their dispute amicably.
A insists that C take the matter to court. C is later reprimanded by the Bar Council of the
concerned state, for not having insisted on a settlement. Is C at fault? In light ef these facts,
which of the following statements is the most accurate

(a) Yes, C is at fault as he effectively pushed A into litigation by not providing proper advice.
(b) No, C has fulfilled his duty by advising the client to avoid litigation and by encouraging
settlement in the given case.
(c) Yes, C's duty to refrain from fomenting litigation extends beyond mere advice and he
should have avoided litigation at
all costs.
(d) Yes, C's duty to refrain from fomenting litigation overrules his duty to protect his client.

Q. 45. Which Section of the Advocates Act, 1961 provides that Sections 5 and 12 of the
Limitation Act, 1963 applies to Advocates Act, 1961-

(a) Section 36
Section 39. Application of sections 5 and 12 of Limitation Act, 1963
(b) Section 37
(c) Section 38
(d) Section 39

Q. 46. Which Section of Advocates Act, 1961 provides that no suit or other legal proceeding
shall lie against any Bar Council or any committee thereof or a member of a Bar Council or
any Committee thereof for any act done in good faith done or intended to be done in
pursuance of the provisions of this Act or of any rules made thereunder-

(a) Section 47 Section 48. Indemnity against legal proceedings

(b) Section 48
(c) Section 49
(d) Section 50

Q. 47. Which Section of the Advocates Act, 1961 provides that all proceedings before a
disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the
meaning of Sections 193 and 228 of the Indian Penal Code, 1860-

(a) Section 40(2)

(b) Section 42(2) Section 42. Powers of disciplinary committee
(c) Section 47(2) (2) All proceedings before a disciplinary committee of a Bar Council shall
be deemed to be judicial proceedings within the meaning of sections 193
(d) Section 50(2) and 228 of the Indian Penal Code (45 of 1860), and every such
disciplinary committee shall be deemed to be a civil court for the purposes
of sections 480, 482 and 485 of the Code of Criminal Procedure, 18981 (5
of 1898).
Q. 48. 'A' filed a suit in respect of an immovable property and had appointed an Advocate
to represent him in the said case. 'A' visited the Advocate on different dates to ask about
the progress of the case, He was informed by the Advocate that the case was pending in the
Court of the Rent Controller. After a considerable time, 'A' discovered that the case had
been dismissed for default long back. Thereafter, A's efforts to restore the case through
another
Advocate did not yield any results and he was constrained to file a fresh case. He filed a
complaint against said Advocate before the disciplinary committee of Bar Council of India.
Decide which action by Bar Council would be correct-

(a) It is well settled that gross negligence on the part of an Advocate which leads to the
suffering and harassment of the client will amount to misconduct
(b) Once it is proved that Advocate has committed professional misconduct he should be
suspended from practice
(c) Both (a) and (b)
(d) Neither (a) nor (b)

Q. 49. y' is a Solicitor Firm practising in Delhi. 'Y a Bank and its branches used to entrust
most of their cases to the 'X' Firm. 'Y' entrusted a case to the 'X' firm against a borrower for
breach of financial discipline. The "X' advised the Bank to file a criminal complaint and also
a civil suit for recovery of money against the said borrower. According to the Bank, it lodged
a Police complaint and filed a civil suit through the 'X' Firm. The Bank entrusted the valuable
original loan documents to the firm along with fees and expenses. After few days, the Bank
enquired with the X Firm about the name of the Court in which the suit had been filed and
the next date of hearing. But no reply was received by it from the 'X' Firm. Therefore, it
became suspicious that the firm was withholding vital information regarding the case. It
instructed the X' Firm to retire from the case and appointed another Firm to look into the
matter. The Bank was informed by the new Firm that though the suit had been filed by the
X firm, but the plaint was not represented. Thereafter 'Y' filed a complaint against 'X' before
the Disciplinary Committee of Bar Council of India. Decide which action by Bar Council
would be appropriate.

(a) The senior partner of the firm can be held guilty of committing misconduct as its
withholding the valuable documents of the Bank is a misconduct
(b) The other partners cannot be vicariously liable for the misconduct of the senior partner.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

Q. 50. Section 9 of the Advocate's Act deals with:

(a) Executive Committee

(b) Enrolment Committee
(c) Disciplinary Committee
(d) None