The question (10 marks)
Answer each situation, naming the rule and any case. (a) Advocate A puts up a large hoarding outside the family court reading 'A and Associates, Divorce Specialists, Former Judge', and his website lists the cases he has won. (b) A client with a strong money claim offers Advocate B twenty per cent of whatever is decreed in place of any fee. (c) Advocate C's client terminates his engagement mid-suit and demands the case file; Rs 60,000 of C's fees are unpaid and C refuses to hand over the file until paid. (10 marks)
Original three-part problem written for this pack; law from module 2, sections 4.8, 4.10 and 6.1, and the Dabholkar and R.D. Saxena chapters.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Professional ethics and the duties of an advocate of Practical Training – I: Professional Ethics and Professional Accounting System.
Authorities you will need
- Bar Council of Maharashtra v M.V. Dabholkar
- R.D. Saxena v Balram Prasad Sharma
- Bar Council of India v A.K. Balaji
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.