Which important principle of professional ethics did Cleark v. Union States uphold ?

All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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64.

Which important principle of professional ethics did Cleark v. Union States uphold ?

A: An advocate must uphold the interest of the client, no matter what his personal option is

B: An advocate must maintain confidentiality of any communication made to him during the engagement.

C: An advocate can disclose information if the client makes any communication in furtherance of an illegal purpose.

D: An advocate must refrain from fomenting litigation.

E: An advocate has a duty to refrain from a fee arrangement contingent upon the final outcome of the litigation.

The answer is: C

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Explanation

Cleark v. Union States upheld the important principle of professional ethics that "An advocate can disclose information if the client makes any communication in furtherance of an illegal purpose." Therefore, the correct answer is:

C: An advocate can disclose information if the client makes any communication in furtherance of an illegal purpose.

In this case, the court affirmed the principle that an attorney may breach client confidentiality and disclose information if the client is using the attorney's services to further an illegal or fraudulent purpose. This principle balances the duty of confidentiality with the lawyer's obligation to uphold the law and not assist in illegal activities.