Legal & Judicial Ethics, 2012 Bar — Question 37

MULTIPLE CHOICE

Atty. Fred is a law practitioner and headed a law firm bearing his name and those of his partners. When Atty. Fred was elected as Congressman, his client's needs were handled by the other partners. Later, A, a newly proclaimed congressman-friend, faced an election protest before the HRET, and sought the help of Congressman Fred who immediately directed his law firm to appear for A. 8, the protestant, sought the disqualification of Congressman Fred's law firm from appearing before the HRET because Congressman Fred is prohibited from practicing his profession. Decide. (A) Yes, Congressman Fred's law firm is disqualified because Congressman Fred may exercise undue influence on his peers who are members of HRET. (B) No, the law firm is not disqualified because it is another partner, and not Congressman Fred who is appearing. (C) No, the prohibition is on Congressman Fred from personally appearing, and not to his partners. (D) Yes, the spirit of the prohibition is clearly to avoid influence and cannot be indirectly circumvented.

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