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

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70.

B discloses to her advocate A, that she had shot a blackbuck at the national park, and therefore, wants A to defend her. What should A do?


Principle :

An advocate has a duty to refrain from breaching obligations of non-disclosure of privileged and confidential information relating to a client.
A: B has committed a crime and it will be gross injustice to defend her.
B: B's disclosure to A would be professional communication under the privilege accorded to communication between and advocate and a client, and A must refrain from disclosing this information.
C: A should advise B to confess to the authorities.
D: A should report B's crime to the authorities as the duty of disclosure does not extend to confessions of crimes committed.
E: None of the above.

The answer is: B

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Explanation

The correct option is B: B's disclosure to A would be professional communication under the privilege accorded to communication between an advocate and a client, and A must refrain from disclosing this information.

Explanation:

The principle states that an advocate has a duty to refrain from breaching obligations of non-disclosure of privileged and confidential information relating to a client. When a client, like B, discloses information to their advocate, it falls under the legal concept of attorney-client privilege. This means that the communication between the client and the advocate is protected, and the advocate cannot disclose it without the client's consent, except in very limited circumstances as defined by law (such as preventing imminent harm to others).

In this scenario, B has disclosed to her advocate A that she committed a crime by shooting a blackbuck at the national park. This disclosure is a professional communication made in the context of seeking legal advice and representation. Therefore, A has a legal and ethical duty to maintain the confidentiality of this information and cannot disclose it to anyone without B's consent, including reporting it to the authorities.

Option B correctly reflects the advocate's duty to maintain the privilege and refrain from disclosing the client's confidential information.

Options A, C, and D are not appropriate:

A. It is not the advocate's role to judge whether B has committed a crime or to decide whether to defend her. The duty of an advocate is to provide legal advice and representation to their clients within the bounds of the law.

C. Advising B to confess to the authorities would not be the appropriate course of action for an advocate. The advocate's role is to provide legal guidance and representation, not to make decisions on behalf of the client.

D. Reporting B's crime to the authorities would breach the duty of confidentiality and privilege between the advocate and the client, which is not permissible under the principles of legal ethics.

Option E is not accurate because option B correctly reflects the advocate's duty to maintain client confidentiality.