Legal & Judicial Ethics, 2011 Bar — Question 28

MULTIPLE CHOICE

Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which was adverse to his client, to the Environment Secretary. At about the same time, he filed a special civil action of certiorari with the Court of Appeals for the annulment of the same decision. Did counsel commit any ethical impropriety in his actions? (A) Yes, since the action he filed with the Court of Appeals was barred by the pendency of a similar action before the Environment Secretary. (B) Yes, since he was evidently shopping for a sympathetic forum. (C) No, since his appeal to the Environment Secretary was administrative, not judicial. (D) No, since he has to exhaust all available remedies to serve his client's interest.

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