PROFESSIONAL ETHICS

VIVA QUESTIONS
1. What is meant by Professional Ethics ?
Ans: Professional Ethics is defined as personal and cooperate rules that govern behavior with in the context
of a particular person.

2. What is meant by Professional Misconduct ?

Ans: Violation of rules and boundaries set by the governing body of a profession. (or) Deriliction of duty. (or)
disgraceful (or) dishonourable conduct not benefiting an advocate.

3. In which year Advocate Act passed by Indian Parliament ?

Ans: 1961

4. What are the Qualifications for enrolment of Advocate ?

Ans: As per Section-24 of Advocate Act
He must be citizen of India.
He must have completed the age of 21 years.
He must be obtained law graduate from recognized University.
He must be pay prescribed fee.

5. What are the Disqualifications for enrolment of Advocate ?

Ans: As per Section-24(A) of Advocate Act
If he is convicted of an offence involved moral turpitude (gravely violating).
If he is convicted of an offence under provisions of untouchability.

6. What is enrolment procedure for Advocate ?

Ans: 1. He/She must be qualified as the under Section – 24 of Advocate Act,1961.
2. He/She should be followed by instructions which was prescribed by State Bar Council.
3. He/She has to pay prescribed fee.

7. Which authority is having the power to enrolment of Advocate?

Ans: State Bar Council is having the power to enrolment of Advocate.

8. What are the classifications of Advocate under the Advocate Act,1961 ?

Ans: As per Section -16 of The Advocate Act,1961 there are Two types of Advocates i.e., 1. Senior Advocate
and 2. Other Advocate.

9. Which authority is having power to issued enrolment Certificate ?

Ans: State Bar Council of every State.

10. What are privileges of Advocates ?

Ans: As per Section -30 of The Act, Right to practice before bench / Tribunal / Authority.

11. What are the privileges of Senior Advocates ?

Ans: Senior Advocate have privilege without filling the vakalatnama he has to argue on behalf of any advocate.

12. Which Article Right to Profession ?

Ans: As per the Indian Constitution Article – 19(1)(g).
 13. Which Section deals with Right to Practice Under Advocate Act, 961 ?
Ans: Section – 30.

14. What are the Functions, Powers and Duties of Bar Council ?
Ans: Functions:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To safe guard the rights, privileges and interests of Advocates.
Powers:
1. The filling of casual vacancies in Bar Council.
2. Organization of legal aid and advice the poor and functions of committees for purpose Descriptions of
proceedings in connection with legal aid.
DUTIES:
1. Duty towards Bench/Court.
2. Duty towards Client
3. Duty towards Opponent
4. Duty towards collegue
5. Duty towards Public
6. Duty towards Nation.

15. What are the Seven Lamps of Advocacy ?

Ans:- Honesty, Courage, Industry, Wit, Eloquence, Judgement, Fellowship.

16. Who has propounded the Seven Lamps of Advocacy ?

Ans:- Mr. John Abbot Parry.

17. What is Eight Lamp / Who Introduced ?

Ans: TACT ( Intellectual quality of an advocate. And skill and sensitivity in dealing with others.)
Justice K.V.Krishna Swamy Aiyer - Introduced the Eighth lamp.

18. What is Industry ? How it is related to Advocate Profession ?

Ans: Industry is quality of hard work being always employed usefully. Advocacy is an intellectual profession.
(or) An Advocate must be work hard every day like an Industry. (or) His knowledge of law must be up to
date: He shall never be ignorant of current law.

19. What is Courage ?

Ans: Courage is the quality that enables a person to control fear in face of danger misfortunate on advocate
must process courage / No fear about the any Authority./ It is duty of Advocate to fearlessly uphold the
interest of his client by all fair means without any fear of unpleasant consequences to himself (or) any
other person.

20. What is the Dress Code of Advocate ?

Ans: White Suit, White Pant, Black Blazer, Black Gown and a White Band(Male).
White Saaree /white dress(kurtha pyjama), Black Blazer, Black Gown and a white Band(Female).

21. What is WIT ?

Ans: Wit means clever and humours expression on idea wit flows from intelligence quickness of mind, the
lamp of wit is needed to lighten the darkness of advocacy.
 22. What is ELOQUENCE ?
Ans: Eloquence means fluent speaking and skill full use of language the success of an advocate depends upon
his eloquence.

23. What is JUDGEMENT ?

Ans: Judgement is an intellectual capacity. Judgement means study of case in deep by considering all shades
of the consequences. ( here judgment is not giving the decision of the case by Judge.)

24. What is FELLOWSHIP ?

Ans: Fellowship means the membership in friendly association or comparison.

25. What is the duty of Advocate towards Client ?

Ans: An Advocate shall fairly and reasonable Submit the case on behalf of his client.

26. What is the duty of Advocate towards Opponent ?

Ans: An Advocate shall not mislead an opponent or put him on the wrong scent regarding any point in the case.
An Advocate shall do his best to carry out all legitimate promises made to opposite party.

27. What are the duties of Advocates towards the Court?

Ans: An Advocate shall not criticize judiciary with malice. An Advocate should not mislead the court. An
Advocate should have pleasing manner in his arguments.

28. What are Advocate duties towards Client ?

Ans: He/She must accept the briefs.
He/She must be filing the case before Court.
He/She should be maintain respectful attitude.
He/She shuld be explain the consequences of the case.
The Advocate shall not act on the instruct of other person.

29. What are the duties towards the Colleague ?

Ans: He/She does not interfere in the respondent agreement.
He/She cooperate with other Advocates.

30. What are the duty of Advocates towards Nation ?

Ans: An Advocate shall uphold the integrity and unity of the Nation.
An Advocate should protect the fundamental and human rights and respect the constitution of Nation.

31. What is the duty of Advocates towards Public ?

Ans: An Advocate shall compose family differences and settle petty disputes by amicable settlement.
An Advocate shall work with social welfare committees to promotes a social order in which justice
economies will be assumed to one and all.

32. What are the remedies for Misconduct ?

Ans: Review, Appeal, Apology.

33. What is the period for dispose of case at SBC ?

Ans: 1 year – (within limitation period)

34. If aggrieved person the decision of State Bar Council Appeal lies to ?
Ans: Bar Council of India (as per section – 37)
 35. If aggrieved person the decision of Bar Council of India Appeal lies to ?
Ans: Supreme Court (as per section-38).

36. What is meant by contempt of court ?

Ans: Willful disobedience to any judgment, decree passed by court or saying any words by mouth or signs
which are insulting the judiciary system.

37. How are the punishment of contempt of Court Act,1971 ?

Ans: Simple imprisonment which may extended to 6 months and Rs.2000/- fine or both ( Section -12)

38. What are the limitations for contempt offences ?

Ans: 1 year

39. Which court is having power to punish for contempt ?

Ans: High Court and Supreme Court.

40. Which Court having more power for contempt offences ?

Ans: High Court is having more power because during the period of emergency the president suspended the
fundamental rights. The jurisdiction of Supreme Court under the Article- 32 was harvested during the
emergency.

41. How many types of Contempt of Court ?

Ans: a) Civil Contempt (Section – 2(b))
b)Criminal Contempt ( Section – 2(c)).

42. What is the jurisdiction of High Court and Supreme Court for contempt offences un the Act,1971?
Ans: High Court – as per Article -215, and Supreme Court –as per Article – 129

43. Which Article deals with LEGAL AID ?

Ans: Article – 39A of Constitution of India deals with LEGAL AID.

44. How to maintain Bar Bench Relationship?

Ans: To maintain cordial relationship with Bar council and Bench.

45. Either Advocate or any other person shall punish under Contempt of Court Act,1971 or Not?
Ans: Yes, every citizen of India shall punished under the Act,1971.

46. Who are the eligible for Free Legal Aid ?

Ans: a) Who are below the poverty line
b) Women and Children
c) Mentally ill person or disabled person
d) Scheduled caste and Scheduled Tribe.

47. What is meant by Ethics ?

Ans: Ethics means morals, branch and philosophy dealing with values relating to human conduct.

48. What is meant by ETIQUETTE ?

Ans: Etiquette means rules regarding profession/ Customary code of polite behavior in society (or) among
members of a particular profession.
 49. What is meant by law ?
Ans: Law is the bundle of ruled, which was recognized by public and implementation in the administration of
Justice.

50. Legal Services not be provided in certain cases ?

Ans: a) Defamation
b) Malicious Prosecution
c) Person charges with contempt of court proceedings.
d) Proceedings relating to any election.

51. Advocacy Profession whether it is Business or not ?

Ans: No, it is not a Business. It is an Noble Profession.

52. Who is an Advocate ?

Ans: Who enrolled his name at State Bar Council and Practice under Bench.

53. Who is a Solicitor ?

Ans: Who is having heavy knowledge of law and prepare legal document and not practicing.

54. What are the Functions of State Bar Council ?

Ans: To admit persons as Advocates on the roll
To safeguard the rights, privileges and interest of Advocate
To perform all other functions conferred on it by or under this Act.

55. What is the punishment for misconduct ?

Ans: As per the Advocates Act,1961, Section – 35 – Reprimand, Suspend the Advocate from Practice & Remove
the name from roll or Fine.

56. How many categories of Legal Practitioner before the Enactment Act,1961 ?
Ans: Pleaders & Vakils.

57. How many types of WRITS ? What are they?

Ans: There are 5 types of WRITs.
1. Habeas Corpus:- To Have / Produce a body
(If a person detained unlawfully, he/she or his/her relatives or friends can move the court / to release a person
arrested/detained illegally.)
2. Mandamus:- we Command
(Judicial Order issued in form of a command to any authority asking to carry out a public duty. Known as writ of
Justice.)
3. Certiorari:- To be Certified
(Issued by the Supreme Court or High court to an inferior / lower court to correct illegality of their decisions./
Judicial error & lack of Jurisdiction.)
4. Prohibition:- Quash the decision already given.
( Issued by a Superior court to inferior court to prevent then from proceed in excess or abuse of their
Jurisdiction.)
5. Quo-warranto:-Question the title as to holder of an Office, By what authority. It is a Judicial order. To
show by what authority he/she holds the office.