Legal & Judicial Ethics, 2011 Bar — Question 10

MULTIPLE CHOICE

Elaine filed a complaint against Fely before their barangay concerning a contract that they entered into. During conciliation, Fely came with Sarah, who claimed the right to represent her minor sister. The barangay captain let Sarah assist her sister. Eventually, the barangay issued a certificate to file action after the parties failed to settle their differences. When Sarah formally appeared as lawyer for her sister, Elaine filed an administrative complaint against her for taking part in the barangay conciliation and preventing the parties from taking meaningful advantage of the same. Is Sarah liable? (A) No, because she has to represent her sister who was a minor. (B) No, because the Court can always dismiss the case without prejudice to a genuine conciliation. (C) Yes, because what Sarah did was deceitful and amounts to fraud. (D) Yes, because as lawyer, she is a absolutely forbidden to appear in barangay conciliations.

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