All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
65.

Which of the following statements is least accurate about the restrictions on employment of advocates ?

A: A practicing advocate cannot personally engage in any business.
B: A practicing advocate cannot be the chairman of a board of directors of a company.
C: A practicing advocate can be the director of a company.
D: A practicing advocate cannot be a full-time salaried employee of any person.
E: A practicing advocate may be a sleeping partner in a firm.

The answer is: B

Explanation

The least accurate statement among the options provided is:

B: A practicing advocate cannot be the chairman of a board of directors of a company.

Explanation:

A practicing advocate generally faces certain restrictions and ethical considerations when it comes to employment outside their legal practice. Let's examine each statement to see why option B is the least accurate:

A: A practicing advocate cannot personally engage in any business.
- This statement is generally accurate. Advocates are expected to focus on their legal practice and not engage in other businesses, as it can create conflicts of interest or compromise their professional obligations.

C: A practicing advocate can be the director of a company.
- This statement is generally accurate. Advocates may serve as directors of companies, depending on jurisdictional regulations and specific circumstances. However, there may be limitations or ethical considerations involved.

D: A practicing advocate cannot be a full-time salaried employee of any person.
- This statement is accurate. Advocates are generally not allowed to be full-time salaried employees of individuals or entities, as it can compromise their independence and professional duties.

E: A practicing advocate may be a sleeping partner in a firm.
- This statement is accurate. A "sleeping partner" typically refers to a passive investor in a business who does not actively participate in its management. Advocates may be allowed to invest passively in such ventures as long as it does not interfere with their legal practice and professional ethics.

Option B, "A practicing advocate cannot be the chairman of a board of directors of a company," is the least accurate because in some jurisdictions and under certain circumstances, practicing advocates may indeed serve as chairpersons or directors of company boards. However, this can vary depending on local regulations and ethical considerations.