Legal & Judicial Ethics, 2012 Bar — Question 16

MULTIPLE CHOICE

Mr. Joey owns a 5-hectare parcel of land which is being expropriated as market site. The government is offering only Php15 per sqm while Mr. Joey deserves Php20 per sqm. Atty. AI agreed to represent Mr. Joey in the expropriation case on contingent basis in that his attorney's fees shall be the excess of Php20 per sqm. Due to expert handling, the expropriation court awarded Mr. Joey the fair market value of Php35 per sqm. Mr. Joey complained to the court that the attorney's fee being charged is excessive as it amounts to about 63% of the award. Decide. (A) A retainer's agreement, as a contract, has the force of law between the parties and must be complied with in good faith. (B) It was the excellent handling of the case that resulted in a bigger award; hence, it is fair that Atty. AI should be rewarded with the excess. (C) Mr. Joey got the desired valuation for his land. So, he must honor his contract with Atty. AI. (D) Attorney's fees is always subject to court supervision and may be reduced by the court based on quantum meruit

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