Legal & Judicial Ethics, 2011 Bar — Question 25

MULTIPLE CHOICE

Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of court, if the case records have already been remanded to the MTC as the Court of Appeals directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of Appeals' decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and the possibility of entering his appearance later. Is Anthony liable for his record follow-up? (A) Yes, because he did not inform Lisa of the basis of his interest in the case. (B) Yes, because none of the parties to the case authorized him to do such follow-up (C) No, because he acted in good faith with a view to a possible retainer. (D) No, because following up the records of any case does not constitute practice of law.

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