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PAPl!:n.: LU-tiOl
PROFESSIONAL ETUICS A!U • r>L!TING SYSTEM
......, .D ACC O u,'
. MULTIPLE C IIOICE QUESTION PAPER
Tlm~: 45 Minut~' Maximum Marks: 20
NOle: All questions carry equal marks Th . negative marking.
. ere IS no

I. An advocate is prohibited under Rule 9 of the Bar c ouncil of India Rules on

Standards of Professional Conduct and Etiquette from pleading or awearing (Oflin
i) Wife/Husband in a matter in which he/she does not have pcamiary interest.
ii) Company in which he/she i,. d·m:elor.
iii) flisl Her Children in a matter in which he/she does not have pecuniary
interest.
iv) Bankruptcy petition in which he/she is a creditor.
Choose the correct option:
a. All oflhe above.
h. None of the above.
c. i and iii.
d. ii and iv.

2. Under which provision of the Advocates Act, 1961, the Bar Council of India has
framed tbe Rulcs on Standards of Professional Conduct and Etiquette?
a. Section 48
b. Section 49A
c. Section 49
d. Section 46A

3. Bar Council of Delhi received the complaint against an advocate Mr. Y on

I 1.11.201 5, Bar Council of Delhi referred the complaint to its Disciplinary
Commiltee (D.C.) on 23. 1.2016, based on complaint notices were issued to the panies
hy D.C. on 28.2.20 16 and the order was passed on 2.4.2017. Whether an order dated
2.4.20 17 can be vitiated on the ground that it was passed beyond the period of

I
 . - of onc year cnvlSBij cd under section 361l( I) of the Advocate_ Act. 19611
IUI1JUllion vilia1cd on the ground that. II js pan cd beyond the period
, l
No, the order CIInno be
f ll mlllliion or one year.
o _ ficr Ihe lapse /;If one year, the caK stands transferred 10 the:
b. Yes, 1Il1lllcdllllc1y a f n " lh ,' h . ._ ... . . d- ' tho
D.C.!. lind the Bar Couneil 0 U" <IS no JUrJllUlcllon to pass any or ... In

malter.
c. Lapse of 1 year can be cJlicusablc.
d. None of the above.

4. Which rule of the Bar Council of India Rules on Slandards of Professional Conduct
and Etiquette provides thai lin advocate, who has, at any time, advised in connection
with the institution of a suil, appeal or other mailer Of has drawn pleadingll or acted
for a party. shall nol act, appear or plead for the 0pposilc party?
a. Rule 33
b. Rule 35
c. Rule 9
d. Rule 47

S. Under which proVIsion of the Advocates Act, 1961. the proceedings before the
Disciplinary Committee of the Bar Councils are deemed to be judicial proceedings
within the meaning of Section 193 and 223 of lPC?
a. Section 35
b. Section 42 (2)
c. Section 48
d. Section 49

6. Under section 35 of the Advocates Act, 196 1, thc Disciplinary Commiltee can pass
which of the following orders as punishment in case of professional misconduct?

i. Suspend the advocute from practice.

ii. Impose fine.

iii. Award compcn!.alion

 -----_ ._ --------
iv. Reprimand the adVocate

Choose the I:orrect option :

II. A l loflhcabovc.
b. iandiv
c. i. ii lind iv.
d. i, iii and iv.

7. Which of the following is an incorrect Slatement? \961.

. Advocates Act,
a. 111e expression 'morallurpitude' is nOI defined under the .
. ional mIsconduct.
b. Lendmg of name for running arrack shop amounts 10 profess
. . .. . . cedings and refer me
c. Slate Bar CouncIl can ImtIale suo moto disclphnary pro<:
•
same 10 its Disciplinary Committee.
d. Disciplinary Comm illcc of the Bar council cannot impose cost of the
proceedings.

8. Whether an advocate can be engaged in any business of a finn?

a. Yes, he can be a sleeping partner in a firm doing any business.
b. Yes, he can be a panner in a firm doing any business.
c. Yes, he can be a sleeping partner in a firm doing any business provided that in the
opin ion of the Stale Bar Counci l Ihe nalure of the busincss is not inconsistcnt
with the dignity ofthc profession.
d. None oflhe above.

9. The expression 'morallurpilude would mean:

a. An act which shocks the moral conscience of the Society in general.
b. An act contrary to justice, honesty and modesty.
•
c. An acl contrary to hislher duty to society in gener.d.
d. All of the above.
 . abOllt dropping r h ..
Which orlhe (ollowing 1$ truc 0 t c dl~lphnary enquiry against a
10. rChnPlcrlu d n
AdvOCll h!. lIS per Rule 11 (3) 0 n cr I'lin V II of tht Rules of Dar Council

oflndia'!
lelY by reason r' h
(I , It shall not be drollPC(1 so 0 l\S nvmg withdrawn, it 5hall be
dropped if il is stilled or otherwise Compromised.
n
b. [t shall be dropped solely by reuso of its having withdrawn, and it shall not be
dropped if it is settled or otherwise compromised.
c. It shall not be dropped solely by reaSOn of its having been withdrawn. settled or
otherwise compromised. or Ih:lt complainant docs not wan t to proceed with the
•
enqmry.
d. It shall be dropped neither solely by reason of ils having withdrawn, nor if it is
does settled or otherwise compromised but only, if the complainant not want \0

proceed with Ihe enquiry.

I I. Mr. Z engaged an advocate Mr. D and paid him some amount towllrds fees and
expenses and also signed vakalatnama in his favour. Mr. D accepted the brier but juSl
after two dates of hearing, he wishes to withdraw from the case. What are the
condition(s) required to be fulfilled by Mr. D to withdraw from this case?
a. Mr. D has to give sufficient cause for withdrawing rrom the engagement.
b. Mr. D has to givc sufficient notice to Mr. Z.
c. Mr. D has to rerund such pan or rees as has not been earned.
d. All ofthc llbove.

12. A person shall not bc admitted as Advocate on State Roll under Section 24A (I) orthe
Advocates Act 1961, if he is convicted or an offence involving moral turpitude.
However, such disqualification as to enrollment shall cease to have effect:
a. after a period of2 years hits elapsed since his release. -
b. after a period or2 years has elapsed since his conviction.
c. aOer a period of2 years has elapsed since the case first filed
d. None of the above.

13. Any person aggrieved by an order made by the Disciplinary Committee or the State

Bar CouDcil may prefer an appeal berore:

a. High Court orthc respective State. _ _~_ _ _ _ _ _ _ _ _ _ _ _ _ __
 -'- "

n. Su preme Court of In (I HI
c. lJar Council of Intlm .
d. District COllrt.

14. Which of the following i ~ true about Ih . b lin Advocate, as per Ihe Bar
cncc
Council o f Illdia: c 1leghg Y

n. Negligence by an Advocate 0111011111 \0 Professio nal or olher

MIsconduct.
b, Negligence by nn AdVocate ulways amoun \0 profcssionnl as well liS ol her
b
Misconduct.
c. Though
. Negligence by an Advocate docs not ulwuys U(llounl 10 Pro fessional
MIsconduct, it :11W;I),5 1l1ll0Il nl S ' , ' ot hcr IllIS
' cond"
ue .
d. T hough NC"liuc
'" t> l1cc by on Advocate docs not always Ulllounl [0 'olher
misconduct'. it always. IImounts to 'profession:.! mIsconduct
. '

15. Discipli nary Proceedings being quasi crimin al in nature, Ihe standnrd of proof is:
n. Beyond I{casollllbic doubt.
h. On Prcpondc mncc of probabilities.
c. Clear and convincing evidence.
d. Different standard of proof in different circumSI:mccs.

16. Choose the incorrect statement:

a. Gross negligence on the part of an advocate which leads 10 the suffering and
harassment of the client will amount to professional misconduct.
b. When State Bar Council has passed a resolution fo r referring the matter to the
Disciplinary Committec, then the Disciplinary Committee docs nOI have
jurisdiction 10 decide whether il has jurisdiction or not and whether the case is

maintainable or not.
c. Under section 44 of the Advocates Act, 196 1. Discil)1inary Committee of State
Bar Council can review its order.
d. For summoning nnd enforcing the allcndunee or (lny person and examining h1l11

on ooth, under Section 42 or Advocates Act, 1961. the Diseipimury Conu1\It!ee of

a Bar Council shall have sallle pOwers as an: vested In (I court under Cude or eivil

Procedure, 1908.
 ~ \ (T. B (client) rhal he will win the case: however, 111 the
,- ,\Ir A. iII'1 "",~!CMr. B as~;:d!lis
, money back. from Mr. A bUI he refused to pay
end he losl the case. thini: it \1,11 amount
to IDISConduct?
.... money. Do you '¢lndLJCt..
b.Jck """ I to fill

3. :\'0, II amoun
"'ill nolhaS COf!UII ,.. - I the pmfCUional rniscoDducl by creating legitimate
"f;:U

b. Yes. Mr. A

cxpcxttuon. . fcd bac k after losing the case will amounts to misconducl
,. [knial ofpaflng
d. Both b and c are c;orrect.

18 X obtamed a temporary injunction against her husband restraining

. him from
-ConInlchng • seeon d mamage. , Her Advocate Y could not appear 'In the case on a
. . . d
"leular dale as he .... en l \0 attend a relatIve's marriage and the SUI I was
. d lsmlsse
for
pa non-prosecution. Taking this oPPOrtunity, X's husband r(mamed. X fil es
eomphunI
. .
agalnSI y WI'm SBC alleging professional misconduct by Y. Choose the
COJTecl option:

a, Y is guilly.

b. Y is nOI gUilty as i( was his right to attend 10 the relative's marriage.

,. Y is nOI guilt)' as it was X's dul)' 10 see thaI Y appears on each and every date in
the court.

d. Y is not guilty as it was X's dut), 10 see thai her suit is not dismissed.

J9. X wa.~ a GPA holder of his V, her mother.in.law. B was V's Advocate and he
prepared the will for V and was also having the custody or the will. Subsequently Y
changed her Ad\'ocate and the ne .... Advocate requested B to hand Over the will to
him, but 8 refUSed. Y gOI a new will prepared by the new Advocate. After one year
V's death, X as LR of Y fil es complaint against B with sse alleging professional
misconduct by B. ChOOse the corr.....' .
..... Option.
a. B is not liable as he was nOl!; b! h .!!
a etOretumt ewt .
b. B is not liable as there w · .. . b
as ConsIderable
c. B is not liable as he did not . delay 10 filmg or the complaInt y X.
mlsllse the wi ll.
d. B is liable as the said 'lJ .
.... ,po Was y,s prOPC:HYand non·return Oflhe Wll! amounted
to breach of truSt On B's
n.
'0
_
X' .
• J
.
S IS a poor vtllager His I d menl and he W
as awarded
. an was acquired by the govern
comp~nsalion. X filed a suit against the acquisition nnd engaged y as Ad~ocate but
the swt was dismissed. Thereafter X aUlhorized Y to receive the compensatIon money
from the Collector office. Accordingly Y received compensati on money, but he did
nor pay the same to X in spite of several requests by him. When X filed a complaint
before the SBC. Y admitted the claim of X but stated that he did not return the amount
10 X as his fec was not paid and thus he had exercised his right of lien. Such refusal
by Y to rerum the compensation money:
a. Docs nor amount to misconduct as he did not have any malaftdc intention.
b. Docs not amount to misconduct as he has a right of lien for his fees.
c. Does amount to misconduct as he does nOI have a righl of lien for his fees.
d. Does amount 10 misconduct as X was a poor villager and Y should not have
charged any money for his services.