AIBE III 2012 Question 70 Answer

AIBE III 2012 Question 70

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Question 70 of 100 AIBE III 2012 Set Common

A is one of five children. A and the other four siblings are all equal heirs to a family property. On account of a quarrel between the siblings, A approaches an advocate, C, who advises them not to approach the Court and to instead settle their dispute amicably. A insists that C take the matter to Court. C is later reprimanded by the Bar Council of the concerned State, for not having insisted on a settlement. Is C at fault?

A Yes, C is at fault as he effectively pushed A into litigation by not providing proper advice.
B No, C has fulfilled his duty by advising the client to avoid litigation and by encouraging settlement in the given case. Official answer
C Yes, C's duty to refrain from fomenting litigation extends beyond mere advice and he should have avoided litigation at all costs.
D Yes, C's duty to refrain from fomenting litigation overrules his duty to protect his client.
E Yes, C is at fault as he did not insist on a settlement and readily agreed to litigation.