PRACTICAL QUESTIONS FOR MOCK VIVA AND EXTERNAL VIVA

1. Name of the subject.

 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM
2. What are the seven lamps of advocacy?
 Honesty, courage, industry, eloquence, wit, judgment, fellowship
3. Relationship between Bar and Bench.
 Bar and Bench are considered as two wheels of the chariot that plays a role in administering the law.
Friendly relationship between judges and advocates
4. What do you mean by Bench? –
 Set of Judges in the court
5. What do you mean by Bar? –
 Set of advocates in the court
6. Section 35 of advocates act 1961? –
 Professional misconduct
7. What do you mean by civil misconduct and criminal misconduct?
 Civil – Willful disobedience to judgement, decree, writ, breach of undertaking or other process of the
court. Causing harm to private party rights
 Criminal – Deliberate interference with administration of justice, scandalize, threatening, publications
8. Explain any 3 cases of Supreme Court
 Go through record
9. Explain any 5 to 10 cases of state cases (written in the record)
 Go through record
10. Name of the faculty, batch co-ordinator and head of the department of our college.
 Harika Rajendra, Lakshmi Prasanna, Chandramathi mams
11. What do you mean by misconduct?
 An act done willfully with a wrong intention by the people engaged in a profession. Violation of
professional ethics by an advocate
12. Different kinds of misconduct?
 Negligence, miscommunication, changing parties, not maintaining client’s accounts, misleading client,
contempt of court, bribing court officials, misappropriation
13. Whether an advocate is a public servant or not?
 Not in general unless appointed by government for public purpose.
14. whether Advocates are liable for taxes or not?
 Yes. They pay taxes.
15. Section 24 and 24(A) of advocates act 1961?
 Sec – 24 .Eligibility to enroll into bar council – Should be citizen, should complete 21 years, should have
law degree, should pay fee for enrollment
 Sec – 24 A – If any person convicted of an offence involving moral turpitude is in eligible to become a bar
member This applies until two years have passed since the end of the imprisonment. This disqualifies you
from enrolling; according to the Supreme Court, if the disqualification occurred after you enrolled, the
advocate must serve a two-year disqualification from the bar.
16. What do you mean by practice? Can an advocate from other country present the case in India?
 Giving legal advice to clients, drafting legal documents for clients, and representing clients in legal
negotiations and court proceedings such as lawsuits
17. Expand AOR
 Advocate on record
18. Who is advocate?
A person who is professionally qualified to plead the cause of another in a court of law
19. Who is a Judge?
 A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges
20. Rights and duties of advocates?
Towards state & country – An advocate is a privileged member of the community and a gentleman beside being a
citizen. He has greater responsibility to protect the country and lead the community .

1) An advocate shall endeavor to make the laws suitable to the well being of the people .
2) An Advocate shall guard the liberty and freedom of the people.
3) An Advocate should protect the fundamental and human rights and respect the constitution of the nation.
4) An advocate should strive for social legislation's to accelerate the advent of socialistic pattern of society in India
by dedicating to the public service .
4)An advocate shall uphold the integrity and Unity of the nation .
5) An advocate shall educate the people to respect the law and respect for the courts and the judges .

Towards community -
1)An advocate shall establish Legal Aid Societies for the purpose of rendering legal assistance to really poor and
deserving persons free of any charge .
2) An advocate shall help the people local bodies such as panchayats in villages to function on sound lines, so that
the people may discharge their functions in an enlightened and responsible manner.
3) An advocate shall provide Legal education to the illiterate and working people by informing them for the rights
and legal provisions in simple language .
4)An advocate shall compose family differences and Settle petty Disputes and controversies by amicable
settlement.
5) An advocate shall educate the masses on the right lines to come out of many social ills from which people are
suffering.
6) An advocate shall work with social welfare committees to promote social order in which justice ,political
,economic and social will be assured to one and .
Towards the court
1) An advocate should be straightforward and his arguments should be pointed, clear, precise and concise.
2) An advocate should have sense of humor and pleasing manners in his arguments.
3) An advocate must be tactful in presenting the matters.
4)An Advocate should not mislead the Court .
5) An advocate shall not influence the decision of the court by any illegal or improper Means.
6) An advocate shall appear in the court at all times only in the prescribed dress. He shall not wear a band or gown
in public places other than in Courts.
7) An advocate shall, when presenting his case and while otherwise acting before a court, conduct himself with
dignity and self respect.
8) An Advocate shall not enter appearance, act, plead or practice in any way before a Court , tribunal or authority
on behalf of close kith and Kin.
9) An advocate shall not criticize the Judiciary with malice .
10) An advocate should not act or plead in any matter in which he himself pecuniarily interested .
11)An advocate shall not stand as a surety or certify the soundness of a surety for his client, required for the
purpose of any legal proceedings.
12) An advocate Shall assist court by presenting fully the pertinent law in his case.
Duty towards the client-

1) An advocate shall fearlessly uphold the interests of his client by All fair and honorable means without regard any
unpleasant consequences to himself or any other .
2) An advocate shall fairly and reasonably submit the case on behalf of his client.
3) An advocate shall pay attention which he is capable of giving to the case he is dealing.
4) An advocate shall not act on the instructions of any person either than his Client or authorised agent.
5)An advocate shall not ordinarily withdraw from engagements ones accepted, without sufficient cause and unless
reasonable and sufficient notice is given to the client.
6) An advocate shall not do anything whereby be abuses or takes advantage. of the confidence reposed in him by
his client.
7) An advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the
same .
8) An advocate shall not adjust fee payable to him by his client against his own personal liability to the client which
liability does not arise in the course of his employment as an advocate.
9) An advocate should keep accounts of the clients money entrusted to him.
10) An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is
engaged by such client.
11) An advocate shall not disclose Communications made to them in course of their professional engagement even
after the case is over.
Duty towards opponent -

1) An advocate shall not communicate or negotiate upon the subject matter of controversy with any party
represented by an advocate except through that advocate.
2) An advocate shall not mislead an opponent, or put him on the wrong scent regarding any point in the case.
3) An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not
reduced to writing.
Duty towards colleagues -
1) An advocate shall not solicit work or advice directly or indirectly through Mass Communication.
2) An advocate shall not pursue his profession in spirit of competition or rivalry, with his brethren.
3) An advocate should be courteous to opposing Counsel and should accede io reasonable request regarding Court
proceedings .
4) An advocate shall not enter appearance in any case in which there is already a vakalatnama or Memo of
appearance filed by an advocate engaged for a party expect with his consent.
5) An advocate does not envy another advocate who attains to position and rank and earns well.
6) An younger advocate must be cordial and relationship and pay respect to senior advocates .
7) An advocates shall be ready to give help and advice to brother members.
8) An advocate shall strive at all the levels aid the legal profession in advancing the standard of members of
profession
Advocate should maintain their high traditions of Fearless Independence, probity and integrity, and live up to their
noble ideals, and dedicated lives for the Vindication of truth, and Justice, and also for good of the common man.
21. Rights and duties of judge?
1) To uphold law and justice is served
2) Discharge duties without ill-will, fear or affection
3) Should hear both parties
4) Should treat both parties equally & impartially
5) Should respect prerogative of the Bar
22.Can advocate practice in Supreme Court?
 YES. You should pass All India Bar Exam (AIBE) and AOR exam conducted by Supreme court
23.Tell me about yourself?
 Dabba kottudu
24.What do you mean by legal aid? Importance of legal aid?
 Legal aid is a government program that provides help, advice, and representation to those who cannot
afford it. Free legal aid is every Indian's fundamental human right according to the Indian Constitution, Art
39A
25.Who gave the 8th lamp of Advocacy?
 Justice V Krishnaswamy Aiyar in his legal book of “Professional Conduct and advocacy”. He named 8th
lamp of advocacy TACT. The eighth lamp which enlightens an advocate to move on the path of success, is
“tact”. Tact is the eighth lamp which enlightens an advocate to move forward in his profession. Tact is the
intellectual quality of an advocate. Through “tact”, human side of putting things into action as a result of
his judgment of taking decision, is carried on by an advocate.
26.Recent changes made by Bar Council of India?
 Foreign lawyers and firms can setup and practice in India in a controlled and regulated manner
27.Whether an advocate from other country can represent the case?
 They can practice but not permitted to appear in the court
28.Section 16 of advocate act?
 According to Section 16, there are two types of advocates: senior advocates and other advocates. If the
Supreme Court or a High Court believes that an advocate’s talent, standing at the Bar, or unique
knowledge or expertise in law merits such designation, the advocate may be named as a senior advocate
with his/her permission. It should be noted that there are no ethical parameters or criteria for deciding
the designation of the said advocates
29.Different types of advocates?
 Family, bankruptcy, business, constitutional, criminal defence, employment & labor, entertainment,
immigration, Intellectual property, Personal injury, tax, estate planning
 30.What do you mean by contempt of court?

 Contempt of court is an act of disrespect or disobedience toward a court or interference with its orderly
process. Examples include disrupting court proceedings, interfering with attempts to obtain evidence,
destroying evidence, disobeying a court order, and intimidating witnesses.
31. What is the latest amendment in the Advocates Act 1961?
 The Advocates (Amendment) Bill, 2023, was introduced in Rajya Sabha on August 1, 2023. It amends the
Advocates Act, 1961. The Bill repeals certain sections related to touts under the Legal Practitioners Act,
1879.
Few notes:

Recently, the Bar Council of India (BCI) has notified Rules for Registration and Regulation of Foreign Lawyers and
Foreign Law Firms in India, 2022, allowing foreign lawyers and law firms to practice in India.
However, it did not allow them to appear before courts, tribunals or other statutory or regulatory authorities.
What is the BCI Decision?
 For over a decade, BCI was opposed to allowing foreign law firms in India.
 Now, the BCI has reasoned that its move will address concerns about the flow of Foreign Direct Investment in
the country and make India a hub of International Commercial Arbitration.
 The rules bring legal clarity to foreign law firms that currently operate in a very limited way in India.
 The BCI said it “resolves to implement these Rules enabling the foreign lawyers and Foreign Law Firms to
practice foreign law and diverse international law and international arbitration matters in India on the principle
of reciprocity in a well-defined, regulated and controlled manner.
What are the New Rules?
 The notification allows foreign lawyers and law firms to register with BCI to practice in India if they are entitled
to practice law in their home countries. However, they cannot practice Indian law.
o According to the Advocates Act 1961, advocates enrolled with the Bar Council alone are entitled to practise
law in India. All others, such as a litigant, can appear only with the permission of the court, authority or
person before whom the proceedings are pending.
 They shall be allowed to practice transactional work /corporate work (Non-Litigious Practice) such as joint
ventures, mergers and acquisitions, Intellectual Property matters, drafting of contracts and other related
matters on a reciprocal basis.
 They shall not be involved or permitted to do any work pertaining to the conveyancing of property, title
investigation or other similar works.
 Indian lawyers working with foreign law firms will also be subject to the same restriction of engaging only in
“Non-Litigious Practice.”
 What is the Significance of the New Move?
 It is likely to pave the way for potential consolidation, especially for firms dealing in the cross-border
mergers and acquisitions (M&A) practice in particular.
 Entry of foreign law firms will support in a big way the ambition of India to be more visible and valuable in a
global context, especially on international trade and commerce.
 This will be a game changer for the mid-size firms and will also help the law firms in India to achieve more
efficiency in talent management, IA, technology, domain knowledge in a global context, and management.