2014 Bar — Legal & Judicial Ethics

R is retained counsel of ABC Bank-Ermita Branch. One day, his Balikbayan Compadre B, consulted him about his unclaimed deposits with the said branch of ABC Bank, which the bank had refused to give to him claiming that the account had become dormant. R agreed to file a case against the bank with the Regional Trial Court (RTC) of Manila. B lost the case, but upon the advice of R, he no longer appealed the decision. B later discovered that R was the retained counsel of ABC Bank-Ermita Branch. Does B have any remedy? Discuss the legal and ethical implications of the problem.

Judge A is a close friend of Governor G. On several occasions, Judge A would borrow vehicles from the office of the Governor to travel to his judicial stations. Judge A's actuation: (A) violates the Canon on Propriety (B) creates an appearance of an improper connection with the executive branch (C) is downright unethical

The Code of Professional Responsibility is the code of conduct for: (A) members of the Bench (B) members of the Bar (C) members of the Bench and the Bar

A is accused of robbery in a complaint filed by B. A sought free legal assistance from the Public Attorney's Office (PAO) and Atty. C was assigned to handle his case. After reviewing the facts as stated in the complaint and as narrated by A, Atty. C is convinced that A is guilty. a. May Atty. C. refuse to handle the defense of A and ask to be relieved? Explain. Fully. b. In problem (A), if the lawyer is counsel de parte for the accused and he learns later after accepting the case and while trial is ongoing that his client was indeed the perpetrator of the crime, may the lawyer withdraw his appearance from the case? Why or why not?

The rendition of free legal service is a lawyer's: (A) moral duty (B) social obligation (C) legal mandate

Atty. D was required by Judge H of the Regional Trial Court (RTC) of Manila to show cause why he should not be punished for contempt of court for shouting invectives at the opposing counsel and harassing his witness. Assuming that there was sufficient cause or ground, may Judge H suspend Atty. D from the practice of law? If Judge H finds that the actuations of Atty. D are grossly unethical and unbecoming of a member of the bar, may Judge H disbar Atty. D instead? Explain your answer.

The court ordered Atty. Z to testify as a witness for his client in the very case he is handling, but he refused on the ground that it would violate the rule on privileged communication. Atty. Z is guilty of: (A) direct contempt (B) indirect contempt (C) violation of his duty to the court

C and D are law partners using the firm name C and D - Attorneys-at-Law. In an administrative case filed against C, the Supreme Court (SC) found that C was not entitled to admission to the practice of law in the Philippines and ordered his name stricken-off from the Roll of Attorneys. As a result, C and D changed their firm name to Law Office of D — Attorney-at-Law, C — Counselor, with C handling purely counselling and office work while D is the law practitioner. Are C and D liable for contempt of the court? Explain your answer.

Judge A accepted a gift consisting of assorted canned goods other grocery items from his compadre whose friend has a pending case with him. He accepted the gift just so as not to embarrass his compadre. When his compadre left his chambers, he asked his secretary to donate the gift he received to the victims of Typhoon Yolanda. Did the judge cross the ethical line? Explain your answer.

Atty. M is a partner in the law firm OMP & Associates. C, a former classmate of Atty. M engaged the legal services of Atty. M to handle his appeal to the Court of Appeals (CA) from an adverse decision of the Regional Trial Court (RTC) in his annulment case. After the notice to file brief was issued by the CA, Atty. M met an accident which incapacitated him from further engaging law practice. May Atty. P, his partner in the law firm, file the required appeal brief for C? Explain your answer.

A judge who insults counsel and shouts invectives at a litigant is guilty of: (A) serious misconduct (B) committing acts unbecoming of a judge (C) manifest bias and partiality

A inherited parcel of land situated in Batasan Hills which is occupied by informal settlers. He wanted to eject the occupants, but he has no financial means to pursue the ejectment case. He contracted the services of Atty. B, who agreed to defray all the expenses of the suit on the condition that he will be paid one-half (1/2) of the property to be recovered as his compensation. What is this kind of attorney's fees? Can Atty. B enforce this contract against A? What are the respective remedies relative to the collection of attorney's fees, if any, of A and Atty. B against each other?

M engaged the services of Atty. D to prosecute his annulment of marriage case in the Regional Trial Court (RTC). After a long-drawn trial, Atty. D was able to secure a favourable judgment from the court. Unfortunately, M has failed to pay in full the stipulated attorney's fees of Atty. D. How can Atty. D collect his fees from M? Discuss fully.

A person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made is an: (A) attorney-in-fact (B) attorney ad hoc (C) attorney de oficio

Will a lawyer violate the Code of Professional Responsibility if he forms a partnership with professionals of other disciplines like doctors, engineers, architects or accountants? Explain your answer.

A person who has been refused admission to the bar by order of the Supreme Court but nonetheless attempts to practice law is guilty of: (A) direct contempt (B) indirect contempt (C) criminal attempt

Judge Clint Braso is hearing a case between Mr. Timothy and Khristopher Company, a company where his wife used to work as one of its Junior Executives for several years. Doubting the impartiality of the Judge, Mr. Timothy filed a motion to inhibit Judge Clint Braso. Judge Clint Braso refused on the ground that his wife has long resigned from the company. Decide.

The Integrated Bar of the Philippines (IBP) may intervene in a case involving a matter of public law or professional concern as: (A) friend of the court (B) amicus par excellence (C) amicus curiae

After the pre-trial of a civil case for replevin, Judge D advised B's counsel to settle the case because according to Judge D, his initial assessment of the case shows that B's evidence is weak. A. Did Judge D commit an act of impropriety? Explain B. What remedy or remedies may be taken by B's lawyer against Judge D? Discuss Fully.

B hired Atty. Z to file a replevin case against C for an agreed acceptance fee of P30,000.00 which was evidence by a written contract. After the complaint was filed by Atty. Z, B terminated his services and hired a new lawyer for the same amount of attorney's fees. How much attorney's fees, is Atty. Z entitled to?

Justice B of the Court of Appeals (CA) was a former Regional Trial Court (RTC) Judge. A case which he heard as a trial judge was raffled off to him. The appellant sought his disqualification from the case but he refused on the ground that he was not the judge who decided the case as he was already promoted to the appellate court before he could decide the case. Was the refusal of Justice B to refuse from the case proper? Explain your answer.

[Question text not recovered — dropped in the OCR of the source compilation. The item concerns a client’s right to engage a collaborating counsel and the original counsel’s options; the preserved suggested answer follows.]

A. May an attorney talk to his witnesses before and during the trial? Explain. B. In case of postponement of the trial, whose decision should prevail — the client or his attorney? Explain the governing rule.

Judge A has an illicit relationship with B, his Branch Clerk of Court. C, the wife of Judge A, discovered the illicit affair and consulted a lawyer to vindicate her violated marital rights. If you were that lawyer, what would you advice C, and if she agrees and asks you to proceed to take action, what is the legal procedure that you should follow? Discuss fully.

A. If an attorney has been granted by his client full authority to enter into an amicable settlement with the other party, may the client later on refuse to honor the amicable settlement forged by this attorney? Explain. B. In such instance as in (A) above, can the lawyer withdraw from the case and collect in full his contracted attorney's fees? Why or why not?

Atty. C was hired by D to file an action against E for recovery of possession of real property. In their contract of service, they stipulated that D cannot compromise the case without the consent of Atty. C. After trial and unknown to Atty. C, D entered into a compromise with E. Atty. C withdrew from the case and collected from D: (A) his attorney's fees under their contract (B) his attorney's fees based on quantum meruit (C) nothing by way of attorney's fees

Atty. Forma is a member of the Philippine Bar. He went to New York City, took the New York State Bar, and passed the same. He then practice in New York City. One of his American clients filed a case for disbarment against him for pocketing the money which was entrusted to him as payment for the filing fee and other incidental expenses for his damage suit. Atty. Forma was later disbarred for dishonesty. Disheartened, Atty. Forma came back to the Philippines and practiced as a lawyer. Will his disbarment in New York be used against him for purposes of disbarment proceeding here in the Philippines?

If a lawyer volunteers his free legal service to a poor client, (A) a lawyer-client relationship is established between them (B) he is bound to serve his poor client with the same degree of competence, fidelity, and diligence as his paying client (C) he is not justified to neglect the cause of his client for the client's inability to defray the costs of court litigation

A. Can a lawyer who lacks the number of units required by the Mandatory Continuing Legal Education (MCLE) Board continue to practice his profession? B. May a lawyer be held liable for damages by his clients for the lawyer's failure to file the necessary pleadings to prosecute the client's case and as a result of which the client suffered damages? C. Can a lawyer still practice his profession despite having arrears in his Integrated Bar of the Philippines (IBP) dues?