Question

Which is the correct statement with regard to the professional ethics of a lawyer

• A. Lawyers have no right to go on strike or give a call for boycott
• B. An advocate shall not influence the decision of a court by any illegal or improper means
• C. An advocate abusing the process of the court is guilty and misconduct
• D. All of the above

Hint:

Questions on professional ethics often test your knowledge of the advocate's fourfold duties: duty to the Court, duty to the Client, duty to the Opponent, and duty to Colleagues. Remember that the duty to the Court is paramount.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify the correct statement(s) regarding the professional ethics and conduct for lawyers in India, which are primarily governed by the Advocates Act, 1961, and the rules framed thereunder by the Bar Council of India.

Step 2: Detailed Explanation:
Let's evaluate each statement:
\[\begin{array}{rl} \bullet & \text{(A) Lawyers have no right to go on strike or give a call for boycott: This statement is correct. The Supreme Court of India, in the landmark case of Ex-Capt. Harish Uppal v. Union of India (2003), held that lawyers have no right to go on strike or call for a boycott of courts. Such actions are considered an interference with the administration of justice and are against the interests of clients. } \\ \bullet & \text{(B) An advocate shall not influence the decision of a court by any illegal or improper means: This statement is correct. It is a fundamental ethical duty of an advocate to maintain the dignity and integrity of the court. Rule 3 of the Bar Council of India Rules on professional standards explicitly prohibits advocates from influencing the court's decision through any illegal or improper means. } \\ \bullet & \text{(C) An advocate abusing the process of the court is guilty and misconduct: This statement is correct. Abusing the process of the court, for instance, by filing frivolous litigation or employing dilatory tactics, is a grave professional misconduct. It undermines the judicial system and is a violation of the advocate's duty to the court. } \\ \end{array}\] Since all three statements (A), (B), and (C) are correct principles of professional ethics for lawyers, the most appropriate answer is (D).

Step 3: Final Answer:
The correct answer is (D) All of the above, as each statement represents an established rule or principle of professional ethics and conduct for advocates.