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

Practice Mode:
69.

C has engaged an advocate, A. B is C's mother and she asks A to withdraw the suit filed by C as the litigation is causing public embarrassment to the entire family. What should A do?


Principle :

An advocate has a duty to act only on the instruction of the client, and no one else.

A: A should withdraw the suit since the family name is at stake.
B: B has a fiduciary relationship with C, and A would therefore be obliged to withdraw the suit for the benefit of the C's family on B's instructions.
C: A has a duty to refrain from fomenting litigation, and should therefore withdraw the suit.
D: A has a professional obligation to act solely on the instructions of the client. C, and should not withdraw the suit on B's instructions.
E: A should withdraw the suit as B is C's mother, and is therefore A's client as well.

The answer is: D

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Explanation

The correct option is D: A has a professional obligation to act solely on the instructions of the client, C, and should not withdraw the suit on B's instructions.

Explanation:

According to the principle, an advocate has a duty to act only on the instruction of the client, and no one else. Therefore, A cannot withdraw the suit filed by C without C's consent, even if B is C's mother and is concerned about the family reputation. A has to respect C's autonomy and decision as the client, and cannot act on the basis of B's wishes or interests. The other options are incorrect because they either ignore or violate the principle of acting only on the client's instruction.