Faq Legal Ethics

8/18/2019 Faq Legal Ethics

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FREQUENTLY ASKED QUESTIONS IN BAR EXAMINATIONS

ON

LEGAL ETHICS

(FROM YEAR 1999 TO YEAR 2008)

Sub!""#$ "%&

ATTY' ALLAN CARLOS %*#++%, B- O.#-"!%/ 1

Sub!""#$ b&

RUCHIE M' MAHINAY LLB I



COUNSEL DE OFFICIO

200 3 Qu#+"!%/ N%' (-)'

Primo, Segundo and Tercero are co-accused in an informationcharging them with the crime of homicide. They are respectivelyrepresented by Attys.Juan Uno, Jose os, and Pablo Tres. uring thepre-trial conference, Attys. Uno and os manifested to the court thattheir clients are invo!ing alibi as their defense. Atty. Tres made it!nown that accused Tercero denies involvement and would testify thatPrimo and Segundo actually perpetrated the commission of the o"ense

charged in the information.

#n one hearing during the presentation of the prosecutionsevidence in chief, Atty. Uno failed to appear in court. $hen %ueried bythe Judge if accused Primo is willing to proceed with the hearingdespite his counsel&s absence, Primo gave his consent provided Attys.os and Tres would be designated as his 'oint counsel de o(cio for thatparticular hearing. Thereupon, the court directed Attys. os and Tres toact as counsel de o(cio of accused Primo only for purposes of thescheduled hearing.

Atty. os accepted his designation, but Atty. Tres refused.

A) #s there any impediment to Atty. os acting as counsel de ofcio foraccused Primo*

SUGGESTED ANS4ER&

A. There is no impediment to Atty. os acting as counsel de ofciofor accused Primo. There is no con+ict of interest involvedbetween Primo and his client Segundo, considering that both areinvo!ing alibi as their defense.

) ay Atty. Tres legally refused his designation as counsel de ocioof accused Primo*

SUGGESTED ANS4ER&

. Atty. Tres legally refuse his designation as counsel de ocio foraccused Primo. Since the defense of his client Tercero is thatPrimo and Segundo actually perpetrated the commission of theo"ense for which they are all charged, there is a con+ict of interest between Tercero and Primo. There is con+icting interest

if there is inconsistency in the interest of two or more opposingparties. The test is whether or not in behalf of one client, it is thelawyers duty to ght for an issue or claim but it is his duty tooppose it for the other client /0anon 1, 0anons of Professional2thics).



20013Qu#+"!%/ N%' 15

$hen may refusal of a counsel to act de ocio be 'ustied ongrounds aside from reasons o health, e3tensive travel abroad, orsimilar reasons of urgency* Support your answer.

SUGGESTED ANS4ER&

4ther 'ustied grounds for refusal to act as counsel de ocio are5a. Too many de ocio cases assigned to the lawyer b. 0on+ict of interest /6ule 78.9:, 0P6);c. <awyer is not in a position to carry out the wor! e"ectively or

competently /supra);d. <awyer is prohibited from practicing law by reason of his

public o(ce which prohibits appearances in court; ande. <awyer is preoccupied with too many cases which will spell

pre'udice to the new clients.

RETAINER AGREEMENT

20083Qu#+"!%/ N%' 2

#n 7==>, Acaramba, a telecommunications company, signed aretainer agreement with ianca ? Sophia <aw 4(ce / ? S ) for the

latter&s legal services for a fee of P@,999 a month. rom 7==> to @997,the only service actually performed by ? S for Acaramba was thereview of a lease agreement and representation of Acaramba as acomplainant in a bouncing chec!s case. Acaramba stooped payingretainer fees in @99@ and terminated its retainer agreement with ? Sin @99B. #n @99C, Temavous, another telecommunications company,re%uested ? S to act as its counsel in the following transactions5 /a)the ac%uisition of Acaramba; and /b) the ac%uisition of Super-1, acompany engaged in the power business. #n which transactions, if any,can ianca ? Sophia <aw 4(ce represent Temavous* 23plain fully.

SUGGESTED ANS4ER&

?S can represent Temavous in the Super-1 case but not in therst case which involves the law rms previous client, Acaramba. Todo so would violate the doctrine which forbids an attorney who hasbeen engaged to represent a client from thereafter appearing onbehalf of the clients opponent even though during the continuance of the employment nothing of a condential nature was revealed to theattorney by the client.

20053Qu#+"!%/ N%' 1

State the signicance of the lawyers oath. $hat, in e"ect, does alawyer represent to a client when he accepts a professionalemployment for his services*

SUGGESTED ANS4ER&



DThe signicance of the oath is that it not only impresses upon theattorney his responsibilities but it also stamps him as an o(cer of thecourt with rights, powers and duties as important as those of the 'udges themselves. #t is a source of his obligations and its violation is a

ground for his suspension, disbarment or other disciplinary action.&

y accepting a retainer, he impliedly represents thatA. Ee possesses the competence re%uired for the practice of his

possesses the competence re%uired for the practice of hisprofession,

. Ee will e3ert his best 'udgment in the prosecution or defense of his clients cause;

0. Ee will e3ercise reasonable and ordinary diligence; and. Ee will ta!e such steps as will abide by his lawyers oath that he

will conduct himself to the best of his !nowledge and discretion

with all good delity as well to the courts as to his client.

CONTINGENT FEE

20083Qu#+"!%/ N%'

0hester as!ed <aarni to handle his claim to a siFeable parcel of landin GueFon 0ity against a well-!nown property developer on acontingent fee basis. <aarni as!ed for 7BH of the land that may be

recovered or 7BH of whatever monetary settlement that may bereceived from the property developer as her only contingent fee uponsecuring a favorable nal 'udgment or compromise settlement.0hester signed the contingent fee agreement.

A) Assume the property developer settled the case after the casewas decided by the 6egional Trial 0ourt in favor of 0hester forP7 illion. 0hester refused to pay <aarni P7B9 million on theground that it is e3cessive. #s the refusal 'ustied* 23plain.

B) Assume there was no settlement and the case eventuallyreached the Supreme 0ourt which promulgated a decision in

favor of 0hester. This time 0hester refused to convey to <aarni7BH of the litigated land as stipulated on the ground that theagreement violates Article 78=7 of the 0ivil 0ode whichprohibits lawyers from ac%uiring by purchase properties andrights which are the ob'ect of litigation in which they ta!e partby reason of their profession. #s the refusal 'ustied* 23plain.

SUGGESTED ANS4ERS&

A. The refusal of 0hester to pay is 'ustied. A contingent fee isimpliedly sanctioned by 6ule @9.97 /f) of the 0P6. A much

higher compensation is allowed as contingent fee inconsideration of the ris! that the lawyer will get nothing if thesuit fails. #n several cases, the Supreme 0ourt has indicatedthat a contingent fee of :9H of the money or property thatmay be recovered is reasonable. oreover, although thedeveloper settled the case, it was after the case was deci>dedby the 6egional Trial 0ourt in favor of 0hester, which showsthat Atty. <aarni has already rendered service to the client.



. 0hester&s refusal is not 'ustied. A contingent fee agreementis not covered by Art. 78=7 of the 0ivil 0ode because thetransferor or assignment of the property in litigation ta!ese"ect only upon nality of a favorable 'udgment.

20063Qu#+"!%/ N%'11 (b)

The contract of attorneys fee entered into by Atty. Guintos andhis client, Susan, stipulates that if a 'udgment is rendered in her favor,he gets 19H of the property recovered as contingent fee. #n return, hewill assume payment of all e3penses of the litigation.

b. ay Atty. Guintos and Susan increase the amount of thecontingent fee to >9 H*

SUGGESTED ANS4ER&

Atty. Guintos and Susan can freely agree to increase the amountof the contingent fee to >9H, but as long as the agreement is stillchampertous, the agreement will still be invalid. esides, even if thereis no champertous provision present, the contingent fee of >9 H of theproperty recovered could still be considered as unconscionable,because it is so disproportionate as to indicate that an un'ustadvantage had been ta!en of the client, and is revolting to humanconscience. 0ontracts for attorneys fees are always sub'ect to controlby the courts.

20023Qu#+"!%/ N%' 6

Atty. 0J handled the case for plainti" I2 against defendant K inan action for damages. Judgment was rendered for plainti" I2. $hen awrit of e3ecution was issued, the sheri" levied on a 899-s%uare meterlot of defendant K. Pursuant to their contingent fee contract, plainti" I2 e3ecuted a deed of assignment in favor of Atty. 0J of one half of thelot. Atty. 0J accepted the assignment.

A. #s the contract for contingent fee valid* 23plain.

SUGGESTED ANS4ERS&

A. A contract for contingent fee is a contract wherein the attorneysfee, usually a percentage of what may be recovered in theaction, is made to depend upon the success of the lawyer inenforcing or defending his clients right. #t is a valid contract,unli!e a champertous contract which is invalid because thelawyer underta!es to shoulder the e3penses of the litigation.

Eowever, the amount of the fee agreed upon may be reducedby the courts if it should be unconscionable. ifty percent /B9H)of what the client might recover may or may not beunconscionable depending on the factors to be considered indetermining the reasonableness of an Attorneys fee.



CHARGING LIEN

20083Qu#+"!%/ N%' 7

The vendor led a case against the vendee for the annulment of

the sale of a piece of land.

A. Assume the vendee obtained a summary 'udgment against thevendor. $ould the counsel for the defendant vendee be entitledto enforce a charging lien* 23plain. /8H).

. Assume, through the e3cellent wor! of the vendees counsel atthe pre-trial conference and his wise use of modes of discovery,the vendor was compelled to move for the dismissal of thecomplaint. #n its order the court simply granted the motion.$ould your answer be the same as in %uestion /a)* 23plain./:H).

SUGGESTED ANS4ERS&

A. A charging lien, to be enforceable as security for payment of attorney&s fees re%uires as a condition sine %ua non a 'udgment formoney and e3ecution in pursuance of such secured in the main actionby the attorney in favor of his client. A summary 'udgment against thevendor in this case only means that his complaint was dismissed. Thisis not a 'udgment for payment of money, hence, a charging lien cannotattach. Eowever, if the 'udgment should include a money 'udgment in

favor of the vendee on his counterclaim, a charging lien can properlybe enforced.

. y answer will not be the same, because a dismissal simplyon motion of plainti" to dismiss will certainly not include a 'udgmentfor a sum of money; hence, no charging lien can attach.

20003Qu#+"!%/ N%' 9

A. ene an attorneys retaining lien.

B. I was appointed administratri3 of the estate of her deceasedfather. She engaged the services of Atty. E as her personalcounsel to represent her in court proceedings. I later dischargedthe services of Atty. E. #nvo!ing his retaining lien, Atty.E retaineddocuments bearing on the estate of the decedents which wereentrusted to him by I. #s Atty. Es retention of the documents 'ustied* 23plain. /:H).

SUGGESTED ANS4ERS&

A. 6etaining lien is the right of an attorney to retain the funds,

documents, and papers of his client which have lawfully comeinto his possession until his lawful fees and disbursementhave been paid, and to apply such funds to the satisfactionthereof /Sec.:C, 6ule 7:>, 6ules of court).

. The retention of the documents in this case is not 'ustied.Atty. E was the personal counsel of I. Ee was not the counselof the estate. The documents bearing on the estate of thedecedent entrusted by I to him are not properties of I but of



the estate which is not his client. Atty. E has no right toe3ercise a retaining lien over such documents.

LA4YER3AS TRUSTEE OF CLIENTS ROERTY

20083Qu#+"!%/ N%' 8 (D)

State with a brief e3planation, whether the lawyer concernedmay be sanctioned for the conduct stated below.

. Leeping money he collected as rental from his clients tenantand remitting it to the client when as!ed to do so, /:H).

SUGGESTED ANS4ER&

The lawyer may not be sanctioned as long as he holds his client&sfunds i>n trust and accounts for them and delivers them upon demand/0anon 71, 6ules 71.97, 71.9:, 0P6).

2003Qu#+"!%/ N%' 2

0 engaged the services of attorney concerning variousmortgage contracts entered into by her husband from whom she

separated fearful that her real state properties will be foreclosed and of impending suits for sums of money against her. Attorney advised 0to give him her land titles covering her lots so he could sell them toenable her to pay her creditors. Ee then persuaded her to e3ecutedeeds of sale in his favor without any monetary or valuableconsideration, to which 0 agreed on condition that he would sell thelots and from the proceeds pay her creditors. <ater on, 0 came to !nowthat attorney did not sell her lots but instead paid her creditors withhis own funds and had her land titles registered in his name.

id attorney violate the 0ode of Professional 6esponsibility*

23plain.

SUGGESTED ANS4ER&

Kes. Atty. violate the 0ode of Professional 6esponsibilitybecause he became interested to the properties entrusted to him byhis client as he was able to register the said properties in his ownname without giving any monetary consideration to the owner of theland.

D0anon 71 of the 0ode of Professional 6esponsibility

provides that5 5A lawyer shall hold in trust all moneys andproperties of his client that may come into his possession. And0anon 7C of the same 0ode, which provides a follows5 DA lawyerowes delity to the cause of his client he shall be mindful of thetrust and condence reposed in him.



INHIBITION OF A UDGE

20083Qu#+"!%/ N%' 6

Atty. Abigail led administrative cases before the Supreme 0ourtagainst Judge <uis. Thereafter, Atty. Abigail led a otion for #nhibitionpraying that Judge <uis inhibit himself from trying, hearing or in anymanner acting on all cases, civil and criminal, in which Atty. Abigail isinvolved and handling. Should Judge <uis inhibit himself as prayed forby Atty. Abigail* 23plain fully.

SUGGESTED ANS4ER&

Judge <uis should not inhibit himself. The mere ling of anadministrative case against a 'udge is not a ground for dis%ualicationon the ground of bias and pre'udice /Aparicio vs. Andal, 7CB S06A B1=).

19993Qu#+"!%/ N%' 11

#n a case before him, it was the son of unicipal Trial 0ourt Judge who appeared as counsel for the plainti". After the proceeding,

'udgment was rendered in favor of the plainti" and against thedefendant. , the defendant in the case, complained against Judge for not dis%ualifying himself in hearing and deciding the case. #n hisdefense, Judge alleged that he did not dis%ualify himself in the casebecause the defendant never sought his dis%ualication.

#s Judge liable for misconduct*

SUGGESTED ANS4ER&

Judge is liable for misconduct in o(ce. 6ule :.7@ of the 0ode of

Judicial 0onduct provides that a 'udge should ta!e no part in aproceeding where his impartiality might reasonably be %uestioned. #nfact, it is mandatory for him to inhibit or dis%ualify himself if he isrelated by consanguinity or a(nity to a party litigant within the si3thdegree or to counsel within the fourth degree /Eurtado v. Jurdalena, >8S06A 87). Ee need not wait for a motion of the parties in order todis%ualify himself.

SUSENDED LA4YER

20083Qu#+"!%/ N%'8 (:)

State with a brief e3planation, whether the lawyer concernedmay be sanctioned for the conduct stated below.

/c) A suspended lawyer allowing his non-lawyer sta" to activelyoperate his law o(ce and conduct business on behalf of clients duringthe period of suspension.



SUGGESTED ANS4ER&

The lawyer may be sanctioned. A lawyer shall not delegate toany un%ualied person the performance of any tas! which by law maybe performed by a member of the bar in good standing /6ule = of the

0ode of Professional 6esponsibility).

20063Qu#+"!%/ N%' 5

/7) The Supreme 0ourt suspended indenitely Atty. ernandeFfrom the practice of law for gross immorality. Ee as!ed the unicipal0ircuit Trial 0ourt Judge of his town if he can be appointed counsel deofcio for Tony, a childhood friend who is accused of theft. The 'udgerefused because Atty. ernandeF name appears in the Supreme 0ourts<ist of Suspended lawyers. Atty. ernandeF then in%uired if he can

appear as a friend for Tony to defend him.

#f you were the 'udge, will you authoriFe him to appear in yourcourt as a friend for Tony* BH

SUGGESTED ANS4ER&

# will not authoriFe him to appear as a friend for Tony. Theaccused in a criminal case is entitled to be represented by legalcounsel, and only a lawyer can be appointed as counsel de ofcio.Although a municipal trial court may appoint a person of good refute to

aid the accused as counsel de ofcio in his defense, this is applicableonly where members of the bar are not present /Sec. 8, 6ule 771,6evised 6ules of 0ourt). Mecessarily, the friend referred to one who isnot a lawyer. Atty. ernandeF is a lawyer but under #ndenitesuspension. Ee should not be allowed to practice law even as a counselde ofcio.

/@) Supposing Tony is a defendant in a civil case for collection of sum of money before the same court, can Atty. ernandeF appear forhim to conduct his litigation*

SUGGESTED ANS4ER&

2ven if Tony is a defendant in a civil case, Atty. ernandeF cannotbe allowed to appear for him to conduct his litigation, otherwise, the 'udge will be violating 0anon = of the 0ode of Professionalresponsibility which provides that a lawyer shall not, directly orindirectly, assist in the unauthoriFed practice of law.

DUTIES OF MEMBER OF THE BAR; ATTORNEY

2003Qu#+"!%/ N%' 1

$hat are the duties of an attorney*

SUGGESTED ANS4ER&



The duties of attorneys can be found either in the Attorneys4ath, Section @9, 6ule 7:> of the 6ules of 0ourt, or the 0ode of Professional 6esponsibility #n the Attorneys 4ath5

7. To maintain allegiance to the 6epublic of the Philippines;

@. To support its 0onstitution;:. To obey the laws as well as the legal orders of the dulyconstituted authorities therein;

8. To do no falsehood, nor consent to the doing of any in court;B. To avoid wittingly or unwittingly promoting or suing any

groundless, false or unlawful suit, nor give aid or consent tothe same;

1. To delay no man for money or malice,C. To conduct himself as a lawyer according to the best of his

!nowledge and discretion with all good delity well to thecourts as to his clients.

#n Section @9, 6ule 7:> of the 6ules of 0ourts5

7. To maintain the allegiance to the 6epublic of the Philippines;@. To maintain the respect due to the courts of 'ustice an and

'udicial o(cers;:. To counsel or maintain such actions or proceedings only as

appear to him to be 'ust, and such defenses only as hebelieves to be honestly debatable under the law;

8. To employ, for the purposes of maintaining the causesconded to him, such means only as are consistent with

truth and honor, and never see! to mislead the 'udge or any 'udicial o(cer by an artice or false statement of fact or law;

B. To maintain inviolate the condence, and at every peril tohimself, to preserve the secret of his client, and to accept nocompensation in connection with his clients business e3ceptfrom him with his !nowledge and approval.

1. To abstain from all o"ensive personality, and to advance nofact pre'udicial to the honor or reputation of a party orwitness, unless re%uired by the 'ustice of the cause withwhich he is charged;

C. Mot to encourage either the commencement or the

continuance of an action or proceeding, or delay any manscause from any corrupt motive or interest;

>. Mever re'ect, for any consideration personal to himself, thecause of the defenseless or oppressed;

=. #n the defense of a person accused of crime, by all fair andhonorable means, regardless of his personal opinion as tothe guilt of the accused, to present every defense that thelaw permits, to the end that no person may be deprived of life or liberty, but by due process of law.

#n the 0ode of Professional 6esponsibility, the duties of a lawyerare grouped into four, the principal ones in each group being5

A. uties to society in general- to uphold the 0onstitution, obeyof the land and promote respect foe the law and legalprocesses;

. uties to the legal profession- to uphold the dignity andintegrity of the legal profession;

0. uties to the court- to the candid with and promote respectfor the courts and 'udicial 4#026S, And to assist the courtsin rendering speedy and e(cient 'ustice, and



. uties to the client- to observe candor, fairness and loyaltyto the client; hold the clients money and property in trust,serve the client with competence and diligence, and topreserve the condence to the client.

20063Qu#+"!%/ N%' 15

$hat are the primary duties imposed by the <awyers 4ath uponevery member of the ar* BH

SUGGESTED ANS4ER&

A. aintain allegiance to the 6epublic of the Philippines,support its 0onstitution and obey the laws as well as legal

orders of duly constituted authorities;. o no falsehood nor consent to the doing of any in court;0. Mot to wittingly or willingly promote or sue any groundless,

false or unlawful suit or give aid nor consent to the same;. elay no man for money or malice;2. To conduct himself as a lawyer according to the best of his

!nowledge and discretion, with all good delity as well to thecourt as to his clients /6ule 7:>, Sec. : 6ules of 0ourt).

20003Qu#+"!%/ N%' 10 (B)

Section @9, rule 7:> of the 6ules of 0ourt enumerates the nine/=) duties of attorney. Iive at least three /:) of them.

SUGGESTED ANS4ER&

Under Section @9, 6ule 7:>, it is duty of an attorney57. To maintain allegiance to the 6epublic of the Philippines;@. to maintain the respect due to the courts of 'ustice and

'udicial o(cers;:. To counsel or maintain such actions or proceedings only as

appear to him to be 'ust, and such defenses only as hebelieves to be honestly debatable under the law;

8. To employ, for the purpose of maintaining the causesconded to him, such means only as are consistent withtruth and honor, and never see! to mislead the 'udge or any 'udicial o(cer by an artice or false statement of fact or law.

B. To maintain inviolate the condence, and at every peril tohimself, to preserve the secret of his client, and to accept nocompensation in connection with his clients business e3ceptfrom him with his !nowledge and approval;

1. To abstain from all o"ensive personality, and to advance no

fact pre'udicial to the honor or reputation of a party orwitness, unless re%uired by the 'ustice of the cause withwhich he is charged;

C. Mot t encourage either the commencement or thecontinuance of an action or proceeding or delay any manscause, from any corrupt motive or interest;

>. Mever to re'ect, for any consideration personal to himself,the cause of the defenseless or oppressed;



=. #n the defense of a person accused of crime, by all fair andhonorable means, regardless of his personal opinion as tothe guilt of the accused, to present every defense that thelaw permits, to the end that no person may be deprived of life or liberty, but by due process of law.

ADERTISEMENTS OF LA4YER;FIRM

20053Qu#+"!%/ N%' 2 (1)

A Justice of the Supreme 0ourt, while reading a newspaper onewee!end, saw the following advertisement5

ANNULMENT OF MARRIAGE 0ompetent <awyer 6easonable ee 0all @@7-@@@7ondays to ridays, >599 a.m. to B599 p.m.

The following session day, the Justice called the attention of his

colleagues and the ar 0ondant was directed to verify theadvertisement. #t turned out that the number belongs to Attorney ,who was then directed to e3plain to the court why he should not bedisciplinarily dealt with for the improper advertisement. Attorney , in his answer, averred that /7) the advertisement wasnot improper because his name was not mentioned in the ad; /@) hecould not be sub'ected to disciplinary action because there was nocomplaint against him.

6ule on Attorney s contention.

SUGGESTED ANS4ER&

/7) The advertisement is improper because it is a solicitation of legal business and is tantamount to self-praise by claiming to be aNcompetent lawyer&. The fact that his name is not mentioned does notma!e the advertisement proper. Eis identity can be easily determinedby calling the telephone number stated. #n the case of Ulep v. <egal0linic, #nc.,@@: S06A :C>/7====:), the Supreme 0ourt found a similaradvertisement to be improper in spite of the fact that the name of alawyer was also not mentioned.

20023Qu#+"!%/ N%' 5

etermine whether the following advertisements by an attorneyare ethical or unethical, $rite N2thical& or NUnethical,& as the case maybe, opposite each letter and e3plain.

A. A calling card, @& 3 @& in siFe, bearing his name in bold print,o(ce, residence and e-mail addresses, telephone andfacsimile numbers. /@H)

. A business card, :& 3 8& in siFe, indicating the aforementioneddata with his photo, 7& 3 7& in siFe. /@ H)



0. A pictorial press release in a broadsheet newspaper made bythe attorney showing him being congratulated by thepresident of a client corporation for winning a multi-milliondamage suit against the company in the Supreme 0ourt./@H).

. The same press release made by his client in a tabloid. /@H).2. A small announcement in A<#TA, a tabloid in ilipino, thatthe attorney is giving free legal advice for September @99@./@H)

SUGGESTED ANS4ER&

A. 2thical- A lawyer, in ma!ing !nown his legal services, shalluse only true, honest, fair, dignied and ob'ective informationor statement of facts /0anon :, 0ode of Professional

responsibility).. Unethical- The siFe of the card and the inclusion of the

lawyers photo in it smac!s of commercialism.0. Unethical- A lawyer should not resort to indirect

advertisements such as procuring his photograph to bepublished in a newspaper in connection with a case he ishandling. Ee should not pay or give something of value torepresentatives of the mass media in anticipation of, or returnfor, publicity to attract legal business /6ule :.98, 0ode of Professional 6esponsibility)

. 2thical- The lawyer can no longer be held responsible for the

action of his client. Eowever, it would be unethical if he !newabout his clients attention to publish and he did not stop it.

2. Unethical- The announcement in a newspaper that he willgive free legal advise to the indigent, is form of self praise. O#nre5 Tagorda, B: Phil :C /7=@=).

20013Qu#+"!%/ N%' 6

acing disciplinary charges for advertising as a lawyer, Atty. Aargues that although the calling card of his businessman friend

indicates his law o(ce and his legal specialty, the law o(ce is locatedin his friend store. ecide. /BH)

SUGGESTED ANS4ER&

This appears to be a circumvention of the prohibition onimproper advertising. There is no valid reason why the lawyersbusinessman friend should be handling out calling cards whichcontains the lawyers law o(ce and legal specialty, even if his o(ce islocated in his friends store. $hat ma!es it more ob'ectionable is the

statement of his supposed legal specialty.

DUTY OF COUNSEL TO DEFEND CLIENT EEN HE ISGUILTY



20073Qu#+"!%/ N%' 9

arius is charged with the crime of murder. Ee sought Atty.rancias help and assured the latter that he did not commit the crime.Atty. rancia agreed to represent him in court. uring the trial, the

prosecution presented several witnesses whose testimonies convincedAtty.rancia that her client is guilty. She confronted his client whoeventually admitted that he indeed committed the crime. #n view of hisadmission. Atty. rancia decided to withdraw from the case.

Should Atty. rancia be allowed to do so* 23plain. /BH)

SUGGESTED ANS4ER&

Mo, he should not be allowed to withdraw. A lawyer shall not

decline to represent a person solely because of his opinion regardingthe guilt of the said person /6ule 78.97, 0anons of professional6esponsibility). #t is the bounded duty of a counsel de ocio to defendhis client no matter how guilty or evil he appears to be /People vs. Sta. Teresa, :B8 S06A 1=C O@997

20023Qu#+"!%/ N%' 1 (B)

$hat is the lawyers duty if he nds that he cannot honestly putup a valid or meritorious defense but his client insists that he litigate*

23plain. /BH)

SUGGESTED ANS4ER&

#t depends. #f it is a criminal case, he may not decline torepresent the accused solely on his opinion regarding the guilt of saidperson /6ule 78.97, 0ode of Professional 6esponsibility). The Supreme0ourt has held that a counsel de o(cio has the duty to defend hisclient no matter how guilty he perceives him to be QPeople v. Madera, Jr.,:@8 S06A 8=9 /@999). ut if the case is a civil case, he shoulddecline to accept the same. #n a civil action, the rules and ethics of the

profession en'oin a lawyer from ta!ing a bad case. The attorneyssignature in every pleading constitutes a certication that there isgood cause to support it and that it is not interpose8d for delay. #t isthe attorneys duty to counsel or maintain such actions or proceedingsonly as appear to him to be 'ust and such defenses only as he believesto be honestly debatable under the law.

20003Qu#+"!%/ N%' 12 (1)

was criminally charged with violation of a special law. Ee tried

to engage the services of Atty. M. Atty. M believed, however, that isguilty on account of which he declined. $ould it be ethical for Atty. M todecline* 23plain.

SUGGESTED ANS4ER&

#t would not be ethical for Atty. M to decline. 6ule 78.97 of the0ode of Professional 6esponsibility provides that a lawyer shall notdecline to represent a person solely on account of the latters, race,



se3, creed or status of life, or because of his own opinion regarding theguilt of said person. #t is for the 'udge, not the lawyer, to decide theguilt of the accused, who is presumed to be innocent until his guilt isproved beyond reasonable doubt by procedure recogniFed by law.

GROUNDS FOR DISBARMENT

20063Qu#+"!%/ N%' 17

$hich of the following acts does not constitute a ground. ordisbarment* 23plain. @.BH

7. Iross misconduct@. raudulent misrepresentation

:. Irossly immoral conduct8. Riolation of the <awyers 4athB. $illful disobedience to a lawful order of the Supreme 0ourt.1. alpracticeC. Appearance of a non-lawyer as an attorney for a litigant in a

case.

SUGGESTED ANS4ER&

Mo. C, DAppearance of a non-lawyer as an attorney for a litigantin a case, is not a ground for disbarment, for the simple reason that

the o"ender is not a lawyer, and only a lawyer can be disbarred.

20003Qu#+"!%/ N%'

Atty. 2 entered his appearance as counsel for defendant in acase pending before the 6egional Trial 0ourt. later complained thathe did not authoriFe Atty. 2 to appear for him. moved that the courtsuspend Atty. 2 from the practice of law. ay the 'udge grant themotion* 23plain. /BH)

SUGGESTED ANS4ER&

The 'udge may grant the motion. UnauthoriFed appearance is aground for suspension or disbarment /Sec. @C, 6ule 7:>, 6ules of 0ourt).

ALTERNATIE ANS4ER&

#t depends. A lawyers appearance for a party without theauthority of the latter must be willful, corrupt or contumacious in orderthat he may be held administratively liable therefore. ut if he has

acted in good faith, the complaint for suspension will fail /Iarrido v.Guisumbing, @> S06A 178 O7=1=).

DISCILINARY ACTION AGAINST A BAR MEMBER

2003Qu#+"!%/ N%' 8(b)



Atty. $alasulto has been a member of the Philippine ar fortwenty /@9) years but has been never plied his profession as a lawyer.Eis sole means of livelihood is selling and buying real estate. #n one of his transactions as a real estate bro!er. he was criminally prosecuted

and subse%uently convicted for violating .P. lg.@@. #n the disbarmentproceedings led against him, Atty. $alasunto contended that hisconviction for violation of .P. lg.@@ was not a valid ground fordisciplinary action against a member of the bar. Ee further argued thathis act in issuing the chec! was done in relation to his calling as a realestate bro!er and not in relation to the e3ercise of the profession of alawyer.

Are the contentions of Atty. $alasunto meritorious or not*6eason. /BH)

SUGGESTED ANS4ER&

Mo, his contentions are not meritorious. #n the rst place, aground for disbarment is conviction of a crime involving moralturpitude /Sec.@C,6ule 7:>, 6ules of 0ourt), and the violation of .P. @@is considered to be a crime involving moral turpitude /people v. Tuanda, 7>7 S06A 1=@ O7==9). #n the second place, 6ule C.9: of the0ode of professional 6esponsibility provides that Da lawyer shall notengage in conduct that adversely re+ects on his tness to practice law,nor shall he, whether in public or private life, behave in a scandalousmanner to the discredit of the legal profession.& Additionally, 6ule 7.97of the same 0ode provides that Na lawyer shall not engage in unlawful,

dishonest, immoral or deceitful conduct,&

20053Qu#+"!%/ N%'2 (2)

A 'ustice of the Supreme 0ourt, while reading a newspaper onewee!end, saw the following advertisement5

ANNULMENT OF MARRIAGE 0ompetent <awyer 6easonable ee 0all @@7-@@@7ondays to ridays, >599 a.m. to B599 p.m.

The following session day, the 'ustice called the attention of hiscolleagues and the ar 0ondant was directed to verify theadvertisement. #t turned out that the number belongs to Attorney ,who was then directed to e3plain the 0ourt why he should not bedisciplinary dealt with for the improper advertisement.

Attorney , in his answer, averred that5 /@) he could not besub'ected to disciplinary action because there was no complaintagainst him.

6ule on Attorney contention.

SUGGESTED ANS4ER&

/@) A complaint is not necessary to initiate disciplinary actionagainst a lawyer. #n Section 7, 6ule 7:=- of the 6ules of 0ourt,disciplinary action against a lawyer may be initiated by the Supreme0ourt motu proprio.



EFFECT OF SUSENSION;DISBARMENT ABROAD

2006 < Qu#+"!%/ N%' 1'

Atty. PereF was admitted as a member of the Mew Kor! ar. $hilein anhattan, he was convicted of estafa and was disbarred.

oes his disbarment in Mew Kor! a ground for his automaticdisbarment in the Philippines*

SUGGESTED ANS4ER&

The isbarment or suspension of a member of the Philippine arby a competent court or other disciplinary agency in a foreign 'urisdiction where he has also been admitted as an attorney is a

ground for his disbarment or suspension if the basis of such actionincludes any of the acts hereinabove enumerated.

The 'udgment, resolution or order of the foreign court ordisciplinary agency shall prima acie evidence o the ground or disbarment or suspension (pars. 2 & 3, Section 27, Rule 13 , asamended by Supreme 0ourt 6esolution, dated ebruary 7:, 7==@.

Thus, the disbarment of Atty. PereF in Mew Kor! for 2stafa is aground for his disbarment in the Philippines.

20023 Qu#+"!%/ N%' 11

Atty. <A is a member of the Philippine ar and the 0alifornia arin the United States. or willful disobedience of a lawful order of asuperior court in <os Angeles, Atty. <A was suspended from the practiceof law in 0alifornia for one /7) year.

ay his suspension abroad be considered as a ground fordisciplinary action against Atty. <A in the Philippines*

SUGGESTED ANS4ER&

The suspension of Atty. <A from the practice of law abroad maybe considered as a ground for the disciplinary action her if suchsuspension was based on one of the grounds for disbarment in thePhilippines or shows a loss of his good moral character, adis%ualication he has to maintain in order to remain a member of thePhilippine ar.

UDGES 3 ROHIBITED TO ENGAGE IN THE RACTICE

LA4

2007 < Qu#+"!%/ N%' 7 (b)

Assume that your friend and colleague, Judge Peter . ahinay, a6egional Trial 0ourt 'udge stationed at L< 0ity, would see! your adviceregarding his intention to as! the permission of the Supreme 0ourt toact as counsel for and thus represent his wife in the trial of a civil case



for damages pending before the 6egional Trail 0ourt of Aparri,0agayan. $hat would be your advice to him. iscuss brie+y.

SUGGESTED ANS4ER&

6ule B.9C of the code of Judicial 0onduct e3pressly andabsolutely prohibits 'udges from engaging in the private practice of law, because of the incompatible nature between the duties of a 'udgeand a lawyer. oreover, as a Judge he can in+uence to a certain e3tentthe outcome of the case even if it is with another court. A 'udge shallrefrain from in+uencing in any manner the outcome of litigation ordisputed pending before another court or administrative agency /[email protected], 0ode of Judicial 0onduct).

20023 Qu#+"!%/ N%' 15'

#n an e3tra'udicial settlement of the estate of the late Juanayaman, the heirs re%uested Judge aawain, a family friend to goover the document prepared by a new lawyer before they signed it. Judge aawain agreed and even acted as an instrument witness.

id 'udge aawain engage in the unauthoriFed practice of law*

SUGGESTED ANS4ER&

Section :B, 6ule 7:> of the 6evised 6ules of 0ourt and 6ule B.9Cof the 0ode of Judicial 0onduct prohibit a 'udge from engaging in the

private practice of law as a member of the bar or giving professionaladvice to clients. #n the case decided, by the Supreme 0ourt held that 'udge who merely acted as witness to a document and who e3plainedto the party waiving his rights of redemption over mortgagedproperties and the conse%uence thereof, does not engage himself inthe practice of law. This appears to be applicable to the case of Judgeaawain. Ee did not give professional advice in anticipation of litigation. Ee was 'ust as!ed to review a deed of e3tra'udicialsettlement of estate. Ee signed merely as an instrumental witness andnot as legal counsel esides, his act was an isolated act.

UDGES3 DISQUALIFIED TO BECOME ANADMINISTRATOR;EXECUTOR OF THE ESTATE

20073 Qu#+"!%/ N%' (b)

#n an intestate proceeding, a petition f4r the issuance of lettersof administration in favor of a 6egional Trial 0ourt Judge was led byone of the heirs. Another heir opposed the petition on the ground thatthe 'udge is dis%ualied to become an administrator of the estate as heis the brother-in-law of the deceased. 6ule on the petition.

SUGGESTED ANS4ER&

The petition for issuance of letters of administration in favor of 6T0 Judge should be denied. 6ule B.91 eh 0ode of 'udicial 0onductprovides that D a 'udge should not serve as the e3ecutor, administrator,trustee, trust, or person of a member of the immediate family, and



then only if such service will not interfere with the proper performanceof his 'udicial duties. The e3ception is not applicable becauseDmember of the immediate family is dened in the same rule aslimited to the spouses and relative within the second degree of consanguinity. The deceased brother-in-law of the 'udge is not a

relative within the second of consanguinity, but a(nity.

20003 Qu#+"!%/ N%' 16

efore his appointment to the 'udiciary, Judge L was theadministrator of the estate of his second cousin. After 'oining then 'udiciary, could Judge L continue to be the administrator* 23plain.

SUGGESTED ANS4ER&

Mo. Judge L may no longer continue to be the administrator of the estate of his second cousin. 6ule B.91 of the 0ode of 'udicial0onduct provides that5 /a) 'udge should not serve as an administrator,e3ecutor, trustee, guardian, of other duciary, e3cept for the estate,trust, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of 'udicialduties. ember of immediate family shall be limited to the spouse andrelatives within the second degree of consanguinity. A second cousinis not a relative within the second degree of consanguinity.

1999 < Qu#+"!%/ N%' 1

Justice A6 of the Sandiganbayan was named e3ecutor of the willof his good friend T whose estate is valued appro3imately at Twoillion Pesos. Upon T&s death, may Justice A6 accept the trust andserve as e3ecutor of T&s will while still in o(ce*

SUGGESTED ANS4ER&

6ule B.91 of the 0ode of 'udicial 0onduct provides that5 /a) 'udge should not serve as an administrator, e3ecutor, trustee,

guardian, of other duciary, e3cept for the estate, trust, or person of amember of the immediate family, and then only if such service will notinterfere with the proper performance of 'udicial duties. ember of immediate family shall be limited to the spouse and relatives withinthe second degree of consanguinity. A second cousin is not a relativewithin the second degree of consanguinity.

CONFLICT OF INTEREST

20063 Qu#+"!%/ N%' 9

Atty. arie consulted Atty. EernandeF whether she cansuccessfully prosecuted her case for declaration of nullity of marriageshe intends to le against her husband. Atty. EernandeF advised her inwriting that the case will not prosper for the reason stated therein. #satty. EernandeF ac%uisence to be Moels counsel ethical*



SUGGESTED ANS4ER&

Mo. Atty. EernandeF&s ac%uiescence to be Moel&s counsel will notbe ethical. #t will constitute a con+ict of interest. $hen Atty. arie

consulted Atty. EernandeF for advice on whether she can successfullyprosecute her case for declaration of nullity of her marriage to Moel,and he advised her that it will not prosper, a lawyer-client relationshipwas created between them, although his advise was unfavorable toher. rom the momet, atty. EernandeF is barred from acceptingemployment from the adverse party concerning the same matter aboutwhich she had consulted him.

20073 Qu#+"!%/ N%' 11

Atty. JapFon, a former partner of <aw rm, is representingLapuso 0orporation in a civil case against Lapamilya 0orporationwhose legal counsel is law rm. Atty JapFon claims that she neverhandled the case of !apamilya 0orporation when she was still in the <aw irm. #s there a con+ict of interest*

SUGGESTED ANS4ER&

There is con+ict of interest when a lawyer represents inconsistentinterests. This rule covers not only cases in which condential

communications have been conded, but also those in which nocondence has between bestowed or will be used. Also, there iscon+ict of interest if the new retainer will re%uire the attorney toperform an act which will in'uriously a"ect his rst client in any matterin which he represents him and also where hw will be called upon in hisnew relation to use against his rst client any !nowledge ac%uiredthrough their connection. Since Atty. JapFon was a partner of the law rm from which has Lapamilya corporation as its clients, shecannot handle a case against is as such will involve con+ict of interest. The employment of a new rm is e%uivalent to the retainer of themembers thereof. #t does no matter if Atty. JapFon never handled a

case of the Lapamilya 0orporation when she was still with lawrm.

20013Qu#+"!%/ N%' 2

Atty. As former client is deceased. A new 0lient 0 proposes toengage the legal services of Atty. A against the heirs of deceased0lient . Eas Atty. A absolute right to accept the engagement since0lient is no longer his client* ecide. /BH).

SUGGESTED ANS4ER&

The right of Atty. A to accept the engagement of client 0 is%ualied by his obligations to avoid con+ict of the interest arising fromhis relation to the deceased client which Atty.A is prohibited fromutiliFing against the heirs of the deceased client. The obligation to holdin condence communications and information received from 0lient is not terminated by the death of the client.



19993 Qu#+"!%/ N%' 8

Atty. Juan 0ruF, a practicing lawyer, was employed by Pilipinas

an! as its ban! attorney and notary public in three of its branches inanila. $hile thus employed, aria del 6io, who was unaware of Atty.0ruF&s employment in the ban!, engaged Attyy. 0ruF&s services as alawyer in a case that was led by Pilipinas an! for collection of sum of money involving one of its branches in GueFon 0ity which atty. 0ruFaccepted. The GueFon 0ity 6egional Trial 0ourt, after due proceedingand hearing, rendered 'udgment in favor of Pilipinas an! and againstaria del 6io who wanted to appeal the adverse 'udgment. ut uponadvice of Atty. 0ruF, the adversed 'udgment was not appealed. Thereafter, ariua del 6io learned Atty. 0ruF was employed by Pilipinasan!s as one of its attorneys. She now consults you and as!s you to

ta!e legal steps against Atty. 0ruF for his apparent misconduct.$hat do you thin! of what Atty. 0ruF did. #s there a valid and

legal basis to discipline him*

SUGGESTED ANS4ER&

#n agreeing to represent aria del 6io in a case which Pilipinasan! led against her, Atty. 0ruF violated the rule against representingcon+icting interests. 6ule 7B.9: of the code of Professional6esponsibility provides that a lawyer shall not represent con+ictinginterests e3cept by written consent of all concerned after a full

disclosure of the facts. #t is improper for a lawyer to appear as counselfor a person whose interest con+icts with that of his present or formerclient, even in an unrelated case. #t does not matter that the Pilipinasan! branch in GueFon 0ity is not one of the branches he services inanila. The ban! itself is his client. This constitutes malpractice forwhich Atty. 0ruF can be disciplined.

LA4YER < CANNOT BE DESCILINED FOR NONAYMENT OF A LOAN

20073 Qu#+"!%/ N%' 5 (b)

Atty. Luripot was one of Town ban!&s valued clients. #nrecognition of his loyalty to the ban!, he was issued a gold credit cardwith a credit limit P@B9,999.99. After two months, Atty. Luripote3ceeded his credit limit, and refused to pay the monthly charges asthe fell due. Aside from a collection suit, Town an! also led adisbarment case against Atty. Luripot.

#n his comment on the disbarment case, Atty. Luripot insistedthat he did not violate the code of professional 6esponsibility, since hisobligation to the ban! was personal in nature and had no relation to hisbeing a lawyer.

/b) 23plain whether Atty. Luripot should be held administrativelyliable for his refusal to settle his credit card bill*

SUGGESTED ANS4ER&



Ee may not be held liable. The Supreme court has held that itdoes not ta!e original 'urisdiction of complaints for collection of debts. The creditor&s course of action is civil, not administrative in nature andproper reliefs may be obtained from the regular courts. Althoughlawyers have been held administratively liable for obstinacy in evading

payment of a debt.

20023 Qu#+"!%/ N%' 12 (-)

Atty. borrowed P:9,999.99 from 2I to be paid in si3 months.espite reminders from 2I, Atty. failed to pay the loan on its duedate. #nstead of suing in court, 2I lodged with an #P chapter acomplaint for failure to pay a 'ust debt against Atty. . The chaptersecretary endorsed the matter to the 0ommission on ar iscipline/0). A 0ommissioner of the 0 issued an order directing Atty. to

answer the complaint against him but he latter ignored the order.Another order was issued for the parties to appear before the0ommissioner at a certain date and time but only 2I showed up. Athird order submitting the case for resolution was li!ely ignored by Atty..

ay disciplinary action be ta!en against Atty. for his failure topay the loan*

SUGGESTED ANS4ER&

/a) #n one of decided case, the Supreme 0ourt held that a lawyermay not be disciplined for failure to pay her obligation. The remedy isto le an action for collection against her in the regular courts.Eowever, unwarranted obstinancy in evading the payment of a debthas been considered as gross misconduct, hence, he may be sub'ect toa disciplinary action.

CHAMERTOUS CONTRACT

2000 <Qu#+"!%/ N%' 8

/a) $hat is champertous contract* #s it valid*/b) istinguish between a champertous contract and a

contingent fees contract.

SUGGESTED ANS4ER&

/a) A champertous contract is one where the lawyer agrees to

conduct the litigation on his own account and to pay the e3pensesthereof, and to receive as his fee a portion of the proceeds of the 'udgment. #t is contrary to public policy and invalid because it violatesthe duciary relationship between the lawyer and his client. #n e"ect,he is investing in the case with the e3pectation of ma!ing prot. Thepractice of law is a profession and not a business venture.



/b) A contingent fee contract is an agreement in which thelawyer&s fee, usually a 3ed percentage of what may be recovered inthe action, is made to defend the client&s right. #t is a valid agreement.#t is di"erent from a champertous contract in that the lawyer does notunderta!e to shoulder the e3penses of the litigation.

19993 Qu#+"!%/ N%' 6

Atty. A&s service as a lawyer were engaged by to recover from0 construction materials and e%uipment. ecause did not havemeans to defray the e3penses of litigation he proposed to Atty. A thathe /A) shoulders all e3penses of the litigation and he /) would payhim /A) a portion of the construction materials and e%uipment to berecovered as compensation for his professional service.

ay atty. A correctly agree to such arrangement*

SUGGESTED ANS4ER&

Mo. Atty. A may not correctly agree to such an agreement.

Such agreement would constitute a champertous contract whichis considered void due to public policy, because it would ma!e himac%uire a sta!e in the outcome of the litigation which might lead him toplace his own interest above that of the client.

A champertous contract is one in which a lawyer underta!es toprosecute a case, and bear all the e3penses in connection therewithwithout right of reimbursement, and will be paid his fees by way of aportion of the property or amount that may be recovered, contingenton the success of his e"orts. #t is di"erent from a contingent feecontract, which is valid,. #n which a lawyer will also be paid dependingon the success of his e"orts, but he does not underta!e to shoulder allthe e3penses in the case. Ee may advance such e3penses but alwayssub'ect to reimbursement by his client.

Documents

Faq Legal Ethics