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

Practice Mode:
70.

A is one of five children. A and the other four siblings are all equal heirs to a family property. On account of a quarrel between the siblings, A approaches an advocate, C, who advisers them not to approach the court and to instead settle their dispute amicably. A insists that C take the matter to court. C is later reprimanded by the Bar Council of the concerned state, for not having insisted on a settlement. Is C at fault?


Principle :

An advocate must not encourage or push a party into litigation.

A: Yes, C is at fault as he effectively pushed A into litigation by not providing proper advice.
B: No, C has fulfilled his duty by advising the client to avoid litigation and by encouraging settlement in the given case.
C: Yes, C's duty to refrain from fomenting litigation extends beyond mere advice and he should have avoided litigation at all costs.
D: Yes, C's duty to refrain from fomenting litigation overrules his duty to protect his client.
E: Yes, C is at fault as he did not insist on a settlement and readily agreed to litigation.

The answer is: B

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Explanation

The correct option is B: No, C has fulfilled his duty by advising the client to avoid litigation and by encouraging settlement in the given case.

Explanation :

According to the principle, an advocate must not encourage or push a party into litigation. This means that an advocate should try to resolve the dispute amicably and peacefully, without resorting to legal action. However, this does not mean that an advocate should force or coerce the client to accept a settlement against their will. The client has the right to decide whether to pursue litigation or not, after receiving proper advice from the advocate.

In this case, C did not encourage or push A into litigation. On the contrary, C advised A not to approach the court and to instead settle their dispute amicably. This shows that C respected the principle and tried to avoid litigation. However, A insisted that C take the matter to court. This shows that A made an informed decision after receiving proper advice from C. Therefore, C is not at fault for following the client's instructions and representing them in court.

The other options are incorrect because they either misinterpret the principle or ignore the facts of the case. Option A is incorrect because C did provide proper advice to A, but A did not follow it. Option C is incorrect because C's duty to refrain from fomenting litigation does not extend beyond mere advice and he cannot avoid litigation if the client insists on it. Option D is incorrect because C's duty to protect his client is not overruled by his duty to refrain from fomenting litigation. Option E is incorrect because C did insist on a settlement, but A rejected it.