legal and judicial ethics reviewer

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egal Ethics Q's & A'sBy Genevieve Penetrante in Ad Majora Natus Edit Doc LEGAL ETHICS 1. The power of the SC to regulate the practice of law includes the following except: Exercise overall supervision of the legal profession including non-lawyers. Note: Powers of SC to regulate the practice of law. 1. 1. 2. 2. 3. 3. Prescribe the qualifications of a candidate Decide who will be admitted to practice Discipline, suspend or disbar any member unfit and unworthy of the bar

1. Who among the following is not exempted from the required MCLE? Professor of law 1. First statement: A lawyer may allow his client to dictate the procedure in handling the case. Second statement: A lawyer is not mandated to charge fair and reasonable fees. Both statements are incorrect. 1. An RTC Judge must possess the following qualifications, except: Must be a person of proven competence, integrity, probity, and independence. Note: Qualifications of RTC judge 1. Citizen of the Philippines 2. At least 35 years old 3. Must have 10 years engaged in practice of law 5. A branch of moral science which treats of the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for adjudication which conduct must be demonstrative of impartiality, integrity, competence, independence and freedom from improprieties. Judicial Ethics

Note: Judicial Ethics 1. 2. 3. 4. 1. 2. 3. 4. Moral science Right & proper conduct to be observed by judges & magistrates In trying and deciding controversies Their conduct must show 1. a. Impartiality 2. b. Integrity 3. c. Competence 4. d. Independence 5. e. And Freedom from improprieties

6. The IBP Board of Governors may initiate and prosecute proper charges against erring attorneys including those in the government by any of the following means except: Unverified Complaint Note: The IBP Board of Governors may initiate and prosecute proper charges against erring attorneys including those in the government by any of the following means. 1. 1. 2. 2. 3. 3. Motu propio Upon referral by the SC At the instance of any person

7. __________ fee is conditioned on securing a favourable judgement and recovery of money or property and the amount of which may be on percentage basis. Contingent Fee 8. A lawyer may be employed as counsel by the client by any of the following except: Written ???

Note: A lawyer may be employed as counsel by the client by any of the following. 1. Orally/Expressly 2. Implied 9. A conduct which is unquestionably so corrupt as to constitute a criminal liability, so unprincipled as to be reprehensible to a high degree and committed under such scandalous and revolting circumstances. Gross Immorality 10. A lawyers responsibility to himself and society includes the following duties except: Duty of Professional Courtesy Note: The lawyers duty to himself and the society are as follows: 1. Duty to be efficient lawyer 2. Duty to keep abreast of legal developments 3. Duty to uphold the constitution 11. An attorney whose name is entered in the records of an action or suit as the lawyer of the designated

party. Attorney of Record 12. An association of members of the legal profession like the IBP where membership is integrated and compulsory. Bar Association 13. First Statement: A lawyer shall not directly or indirectly assist in the unauthorized practice of law. Second Statement: A lawyer shall not delegate to any unqualified person the performance of any task which by law only be performed by a member of the bar in good standing. Both statements are correct 14. It is an act taken against the lawyer that, he shall not state nor imply that he is able to influence any public official, tribunal or legislative body. Influence Peddling 15. One where the lawyer stipulates with his client in the prosecution of the case that he will bear all of the expenses for the recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing or property recovered as compensation. Champertous Contract 16. It is failure to do something ordered by the court for the benefit of a party. Civil Contempt 17. An officer who is not fully invested with all the powers and duties conceded to judges but exercising the office of a judge under some color of right. De facto judge xxx 18. First statement: Impeachment proceedings against SC Justices are penal in nature. Second statement: In the judiciary, only SC Justices are subject of impeachment. Only second statement is correct. Note: Impeachment proceedings against SC Justices are both penal & administrative in nature. 19. The temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time. Suspension 20. A fee payable not to the lawyer but to the client unless there is an agreement that the award shall pertain to the lawyer as an additional compensation. Extraordinary Fee. 21. One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court or tending to belittle, degrade, obstruct, interrupt or embarrass the court. Indirect Contempt 23. Any inexcusable, shameful or flagrant , unlawful conduct on the part of the person concerned in the administration of justice which is prejudicial to the rights of the parties or the right determination of a cause, a conduct predetermined, obstinate or intentional purpose.

Gross Misconduct 24. An act or fact putting one of his guard against an impending danger, evil consequence or penalty. Warning 25. The term means as much as the lawyer deserves or such amount as his services merit. Quantum Meruit 26. It is a conduct which is wilful, flagrant or shameless and shows moral indifference to the opinion of the good and respectable members of the community. Immoral Conduct 27. A type of lien referring to a right to retain the funds, documents and papers against the client until the attorneys fee is fully paid. Retaining Lien 28. Remedies against the unauthorized practice of law are the following except: Mandamus ??? Note: The following are remedies against unauthorized practice of law. 1. Declaratory Relief 2. Petition for Injunction 3. Contempt of Court 29. Appearance of a lawyer in his own behalf refer to Pro se 30. Which of the following duties is not responsibility of lawyer and the courts? Duty to withdraw services for good cause only and upon notice. 32. ________ consist of any conduct directed against the authority or dignity of the court. Direct Contempt 33. The following offices are authorized to investigate disbarment cases, except: Court of Appeals Note: The following offices are authorized to investigate disbarment cases. 1. 1. 2. 2. 3. 3. SC IBP Office of the Solicitor General

34. It refers to the prohibited act of filing repetitious suits in different courts. Forum Shopping 36. An equitable right to have the fees and lawful disbursement due a lawyer for his services in a suit secured to him out of judgement for the payment of money and executions issued pursuance thereof in a particular suit. Charging Lien 37. Which of the following duties is not duty of the lawyer to the society? Duty to serve with diligence

Note: The following are duties of lawyer to the society. 1. 1. 2. 2. 3. 3. Duty to support the improvement of legal system Duty of honest and dignified pronounce ment of legal service Duty to uphold the laws.

39. A public and formal censure or severe reproof administered to a person at fault by his superior officer or the body to which he belongs. Reprimand

40. First statement: Disbarment proceedings against lawyers are sui generis. Second statement: Disbarment proceedings are confidential. Both statements are correct 42. Implies, negligence, incompetence, ignorance, and carelessness of judgment. Inefficiency 44. Appointed by a court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts therein and who is authorized by the statute to administer oath. Notary public 45. This refers to a transgression of any provision of law which need not to be penal. Unlawful conduct ??? 48. An attorney-client relationship does not include which of the following characteristics? Purely Business Note: An attorney-client relationship include the following characteristics. 1. 1. 2. 2. 3. 3. Strictly personal Highly confidential Fiduciary in nature

49. Imports an act of baseness, vileness or depravity in the duties which one person owes to another or to society in general which is contrary to usually accepted and customary rule of right and a duty which a person should follow. Moral Turpitude. 50. It focuses on each particular case and seeks to insure the ability to decide cases with autonomy within the constraint of the law. Individual Judicial Independence

54. This means the readmission to membership in the BAR and the restoration to a disbarred lawyer the privilege to practice law.

Reinstatement 55. _________ refers to an official reprimand. Censure 58. One who acts as attorney for a business though as an employee of that business and not as an independent lawyer. In house or house counsel 59. The following public officials are with restrictions in the practice of law, except: City Councilor 63. The best advertisement for a lawyer is through a __________ Well deserved reputation and competence, honesty, and fidelity to private trust and public duty 64. An offense of frequently exciting and stirring quarrels and suits either at law or otherwise. Barratry 65. ________ refers to the fomenting of litigation with resulting burden on the courts and the public. Ambulance Chasing 71. A general term referring to a person trained in the law and authorized to advise or represent others in legal matter. Lawyer 72. The class of persons who are by license, officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. Attorney-at-law

73. A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual work either for the prosecution or for the defense of case of clients. Trial Lawyers 75. First statement: An applicant must show that no charges against him involving moral turpitude have been filed or pending in a court in the Philippines. Second statement: The question as to whether an offense involves moral turpitude is not for the SC to decide. Only the first statement is correct 76. The Rules of Court provide for the following requirements before one can be admitted to the bar. Which is not a requirement? Earned degree from a reputable law school 77. First statement: Unauthorized practice on the part of the person who assumes to be an attorney causing damage to another is called estafa.

Second statement: A government official prohibited to practice law may be held criminally liable. Both statements are correct 78. All of the following are prohibited to engage in the practice of law, except: Sanggunian Members 80. An experienced lawyer, usually a retired member of the judiciary, employed by law firms as consultants. Of Counsel 82. It is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. Interim Suspension

83. It is the act of the SC of withdrawing from an attorney the right to practice law. The name of the lawyer is striken out from the Roll of Attorneys. Disbarment 85. A pre-requisite to the rule of law and fundamental guarantee of a fair trial. Judicial Independence 86. Focuses on the independence of the judiciary as a branch of government and protects judges as a class. Institutional Judicial Independence 87. Implies malice or wrongful intent not a mere error of judgment. Serious Misconduct 89. First statement: A lawyer has the privilege and right to practice law during good behaviour before any judicial, quasi judicial or administrative tribunal. Second statement: An attorney enjoys the presumption of regularity in the discharge of his duty. Both statements are correct 90. First statement: The rights and privileges which an attorney enjoys as an officer of the court are as necessary for the proper administration of justice Second Statement: An attorney has other privileges than those which are inherent in his status as quasijudicial officer. Only the second statement is correct 91. First statement: The rules and ethics of the legal profession demand that an attorney subordinate his personal and private duties to those which he owes to the court and the public. Second Statement: An attorney assumes his obligations to the public as an officer of the court before he ever has a client. Both statements are correct.