Legal & Judicial Ethics, 2011 Bar — Question 46

MULTIPLE CHOICE

Atty. Ramon borrowed his client's (Menchu) land title. After eight months, Menchu demanded its return but he failed to comply and changed his residence. After Menchu tracked him down, she confronted him about the title. He then offered to just buy the property and gave her five checks for it but these bounced. Charged with malpractice, Atty. Ramon answered that his license to practice law cannot be in issue. He merely incurred civil liability for a failed transaction. Will the mal- practice action prosper? (A) No, because his failure to pay his obligation only makes him civilly liable. (B) No, since Menchu did not transact business with Atty. Ramon as a lawyer. (C) Yes, because it is professionally repre- hensible for a lawyer to be unavailable to a person in need. (D) Yes, he having taken advantage of Menchu who was not fully protected and had no independent advice.

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