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

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68.

An advocate A, writes an article in popular English daily about his high profile clientele and his experiences as an extremely successful advocate, highlighting his career's best cases so far. Which of the following options is most accurate in view of the Principle below ?


Principle :

An advocate should not solicit or advertise his or her work, either directly or indirectly.
A: This amounts to solicitation of work and advocates should not solicit work, directly and indirectly.
B: This is the advocate's personal experience and therefore, not in violation of the Bar Council of India Rules, 1975.
C: Every citizen has a right of freedom of speech and expression. Therefore, A's article is not in violation of the Bar Council of India Rules.
D: This is only an article and not an advertisement of A's work.
E: A's article is not an advertisement soliciting work as A has not paid to have his article published.

The answer is: A

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Explanation

The most accurate option, in view of the provided principle, is:

A: This amounts to solicitation of work and advocates should not solicit work, directly and indirectly.

Explanation:

The principle clearly states that an advocate should not solicit or advertise his or her work, either directly or indirectly. In this scenario, advocate A has written an article in a popular English daily about his high-profile clientele and his experiences as a successful advocate, highlighting his career's best cases. This article indirectly promotes his legal practice by showcasing his success and high-profile clients.

While freedom of speech and expression is a fundamental right, it does not grant advocates the freedom to violate the professional rules and regulations set by the Bar Council of India. Writing such an article in a public newspaper can be seen as an indirect form of solicitation or advertising of legal services, which goes against the ethical standards expected of advocates.

Option B is not accurate because personal experiences or achievements of an advocate should not be used to indirectly promote their legal practice, as it amounts to solicitation.

Option D is not accurate because an article that indirectly promotes an advocate's legal work can still be considered a form of advertisement.

Option E is not accurate because whether or not the advocate paid for the publication of the article is not the sole determinant of whether it constitutes solicitation or advertising. The content and intent of the article matter more in this context.