Test 2 - pakarbiter

Q1. In incidental matters not affecting the merits of the case, what must be respected?

1 Marks

A. The advocate’s own sense of honour and propriety

B. The public demand for fairness

C. The client's instructions, no matter what

D. The pressure from the opposing party

Q2. What is the stance of Rule 164 of the Canons of Professional Conduct and Etiquette of Advocates regarding newspaper publications by advocates about pending cases?

1 Marks

A. They are generally condemned as they may interfere with a fair trial

B. They are allowed if intended to gain public support

C. They are permitted if anonymous

D. They are acceptable if the client requests them

Q3. When should an advocate resort to a lawsuit against a client regarding compensation?

1 Marks

A. Only to prevent injustice, imposition or fraud

B. When self-respect is at stake

C. Whenever the client refuses to pay

D. Whenever there is a disagreement about fees

Q4. What is the primary duty of an advocate in defending a client?

1 Marks

A. To obey the client’s instructions blindly

B. To ensure victory by any means necessary

C. To avoid all controversial defences

D. To remain within the bounds of the law while asserting legal remedies

Q5. What is the duty of an advocate regarding court appearance under Rule 166?

1 Marks

A. To send a junior without informing the court

B. To inform the client only

C. To reschedule unilaterally if unable to attend

D. To appear in court when the matter is called or arrange a satisfactory substitute

Q6. Under Rule 160 of the Canons of Professional Conduct and Etiquette of Advocates, what is an advocate prohibited from advising a potential witness?

1 Marks

A. To file a counterclaim

B. To remain silent in court

C. To conceal himself or avoid service of process

D. To hire another advocate

Q7. According to Rule 162 of the Canons of Professional Conduct and Etiquette of Advocates, what conduct between a judge and advocate is inappropriate?

1 Marks

A. Attending the judge’s official public functions

B. Engaging in private communication or seeking special favours from a judge

C. Arguing the case openly in court

D. Referring to case law in court

Q8. According to Rule 165 of the Canons of Professional Conduct and Etiquette of Advocates, what should advocates do regarding judicial appointments?

1 Marks

A. Recommend friends and colleagues for elevation

B. Strive to prevent political influence and support only those fit for the Bench

C. Avoid commenting on judicial appointments

D. Promote those who support their political views

Q9. As per Rule 163 of the Canons of Professional Conduct and Etiquette of Advocates, what is the primary duty of a public prosecutor?

1 Marks

A. To protect police witnesses at all costs

B. To avoid disclosing weak evidence

C. To ensure that justice is done, not merely to secure a conviction

D. To secure the highest possible sentence

Q10. What unethical conduct is prohibited under Rule 161 of the Canons of Professional Conduct and Etiquette of Advocates?

1 Marks

A. Challenging a judge’s decision in court

B. Delaying proceedings for tactical advantage

C. Asking leading questions during cross-examination

D. Intentionally misquoting testimony, documents, statutes or overruled decisions

Q11. When should an advocate avoid acting as counsel in a case?

1 Marks

A. When the case is being transferred

B. When he is a witness on substantial issues in the case

C. When he has submitted the written statement

D. When the client is abroad

Q12. Under Rule 167, when may an advocate give legal opinion in a case in which he is not engaged?

1 Marks

A. If the case involves a constitutional issue

B. Only when called upon by a judge or judicial officer in open court

C. Whenever he has knowledge of the case

D. With the consent of one of the parties

Q13. What should govern an advocate's aspiration to judicial office as per Rule 165?

1 Marks

A. Family expectations

B. The benefits and prestige associated with the position

C. An impartial estimate of their ability to add honour to the office

D. Political affiliations and personal influence

Q14. According to Rule 159 of the Canons of Professional Conduct and Etiquette of Advocates, why must an advocate maintain a respectful attitude towards the court?

1 Marks

A. To avoid contempt charges

B. To please the judge currently holding office

C. To gain favour in future cases

D. To uphold the court’s supreme importance, regardless of the individual judge

Q15. According to Rule 151, when may an advocate advise the commencement of a case without being consulted?

1 Marks

A. When he believes it is in public interest

B. Only when his relation to the party or subject matter makes it proper

C. If he knows the outcome will benefit the client

D. If he has past experience in similar matters

Q16. What is considered improper conduct for an advocate during arguments?

1 Marks

A. Arguing the legal merits of the case

B. Explaining facts supported by witnesses

C. Submitting evidence as per instructions

D. Asserting personal belief in the client's innocence or cause

Q17. According to the code, what should not restrain an advocate from discharging his duties?

1 Marks

A. Opponent’s seniority

B. Judicial disfavour or public unpopularity

C. Client’s lack of cooperation

D. Complexity of the case

Q18. What should be kept in mind while fixing fees, according to the Code of Conduct?

1 Marks

A. Fees must be doubled if the advocate loses other clients

B. Advocacy is a branch of the administration of justice, not a trade

C. Clients must always be charged based on their wealth

D. Making money is the primary goal of legal practice

Q19. According to the professional standards, what should advocates avoid when fixing fees?

1 Marks

A. Charging a flat fee in all circumstances

B. Ignoring the customary charges of the Bar

C. Considering only the client’s personal wishes

D. Overestimating or undervaluing their advice and services

Q20. What is NOT considered a controlling factor in determining the amount of fee by an advocate?

1 Marks

A. The time and labour required

B. Any single factor—none is controlling alone

C. The skill needed for the case

D. The amount involved in the controversy

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