YOU WERE LOOKING FOR: Legal Ethics Bar Exam Questions And Answers
November 24, Write your answers to the questions in Part I consisting of problem sets labelled A. It's all found in the internet Learn vocabulary, terms and more with flashcards, games and other study tools. Would your answer be the same as in...
A municipality may levy an annual ad valorem tax on real property such as land, building, machinery Legal Ethics. Exam 1. Student answered in the affirmative on the former, but in the negative on the latter, realizing that the associate dean's...
Now, as I understand it, scraping data for academic purposes are legal and ethical if done right - here in Norway, and in the US where Instagram is situated. Look at the past MPT questions used on the bar exam you plan to take, whether the Uniform Bar Write out full practice answers to a few, looking for questions that ask for different types of written Here's the recorded Zoom session with Prof. Philosophy and Ethics mark scheme
To maintain allegiance to the Republic of the Philippines; 2. To support its Constitution; 3. To obey the laws as well as the legal orders of the duly constituted authorities therein; 4. To do no falsehood, nor consent to the doing of any in court; 5. To avoid wittingly or unwittingly promoting or suing any groundless, false or unlawful suit, nor give aid or consent to the same; 6. To delay no man for money or malice; 7. Attorney D advised C to give him her land titles covering her lots so he could sell them to enable her to pay her creditors. He then persuaded her execute deeds of sale in his favor without any monetary or valuable consideration, to which C agreed on condition that he would sell the lots and from the proceeds pay her creditors. Later on, C came to know that attorney D did not sell her lots but instead paid her creditors with his own funds and had her land titltes registered in his name.
Did attorney D violate the Code of Professional Responsibility? The decision of the Supreme Court in the case of Hernandez v. Go, A. Under the same set of facts, the Supreme Court held the lawyer to have violated Canons 16 and 17 of the Code of Professional Responsibility, which provide as follows: Canon A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.
Canon A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. When attorney D acquired the properties of his client, he did not only violate these canons but also Article of the Civil Code, which prohibits him to acquire by purchase even at a public auction or judicial auction, property of his clients the sale of which has been entrusted to him unless the consent of the client has been given.
Subsequently, after the Regional Trial Court had issued a decision adverse to N, the latter filed an administrative case against attorney M for disbarment. He alleged that attorney M caused the advese ruling against him; that attorney M did not file an opposition to the Demurrer to Evidence filed in the case, neither did he appear at the formal hearing on the demurrer, leading the trial court to assume that plaintiff's counsel attorney M appeared convinced of the validity of the demurer filed; that attorney M did not even file a motion for reconsideration , causing the order to become final and executory; and that even prior to the above events and in view of attorney M's apparent loss of interest in the case, he verbally requested attorney M to withdraw, but attorney M refused. Complainant N further alleged that attorney M abused his client's trust and confidence and violated his oath of office in failing to defend his client's cause to the very end.
Attorney M replied that N did not give him his full cooperation; that the voluminous records turned over to him were in disarray, and that appeared for N, he had only half of the information and background of the case; that he was assured by N's friends that they had approach the judge; that they requested him M to prepare a motion for reconsideration which he did and gave to them; however these friends did not return the copy of the motion. Will the administrative case prosper? Give reasons for your answer. Lawyer M appears negligent because of his failure to file an opposition to the demurrer, appear at the demurrer hearing, and not filing a motion for reconsideration. Under the Code, a lawyer shall not handle any legal matter without adequate preparation He shall not neglect a legal matter entrusted to him and his negligence renders him liable Canon 18 provides that the lawyer shall serve his client with competence and diligence.
Thus, the voluminous record is no justification for the failure of Attorney M to file an opposition to the demurrer to evidence or failing to attend the hearing thereof. Giving the motion for reconsideration to the friends of N for filing is another instance of negligence on the part of Atty. He should have filed his motion himself. Francisco v. Portugal, A. M also violated Canon No. Where the stipulated fees are in excess of what is expressly fixed by law.
Judge E's brother won the election protest. Y, the defeated candidate for mayor, filed an administrative case against Judge E for employing influence and pressure on the judge who heard and decided the election protest. Judge E explained that the main reasons why he was there in the courtroom were because he wanted to observe how election protest are conducted as he has never conducted one and because he wanted to give moral support to his brother. Did Judge E commit an act of impropriety as a member of the judiciary? In the case of Vidal v. Dojillo, Jr. Judge D testified as a witness for the prosecution in the Estafa case. Did Judge D commit an act of impropriety? However, if his testimony can be dispensed with, being corroborative in nature, Judge D should refrain from testifying as it may be viewed as a subtle attempt to influence the outcome of the case. He should refrain from influencing in any manner the outcome of litigation or dispute pending before another court or agency.
Canon 1. Independence Canon 1 ; 2. Integrity Canon 2 ; 3. Impartiality Canon 3 ; 4. Propriety Canon 4 ; and 5. What evidence of identity does the Rules on Notarial Practice require before a notary public can officially affix his notarial seal on and sign a document presented by an individual whom the notary public does not personally know? Asis, A. Marcos, A. Doughlas v. Lopez, Jr. MTJ, February 9, ; Gravela v. Villanueva, A. Right of First Refusal. A right of first refusal is granted to the lessee in case lessor intends to sell the leased property. Lessee shall be given priority to buy the property or match the offer of any potential buyer within a period agreed upon by the parties. Should the Lessee fail or refuse to purchase the leased property, the Lessor shall be free to sell the property at a price not lower than that offered to the Lessee. Manila, September 19, Any dispute between parties arising from contract should first be referred to an arbitration panel of three members before resorting to court action, one member each to be designated by the parties and third member chosen by the two.
Verification and Certification against Forum Shopping. X for monetary considerations in arriving at the questioned Decision. He insulted the Commissioners for their ineptness in appreciating the facts as borne by the evidence presented. X files an administrative complaint against Atty. Y for using abusive language. Y posits that as lawyer for the down-trodden laborers, he is entitled to express his righteous anger against the Commissioners for having cheated them; that his allegations in the Motion for Reconsideration are absolutely privileged; and that proscription against the use of abusive language does not cover pleadings filed with the NLRC, as it is not a court, nor are any of its Commissioners Justices or Judges. Is Atty. Y administratively liable under the Code of Professional Responsibility? XX rented a house of his cousin JJ on a month-tomonth basis. Upon his return to the Philippines, Atty. XX still failed to settle his rental arrearages and electric bills, drawing JJ to file an administrative complaint against Atty.
XX contended that his non-payment of rentals and bills to his cousin is a personal matter which has no bearing on his profession as a lawyer and, therefore, he did not violate the Code of Professional Responsibility. In her stationery, she printed the names of her husband and a friend who are both non-lawyers as her senior partners in light of their investments in the firm. She allowed her husband to give out calling cards bearing his name as senior partner of the firm and to appear in courts to move for postponements. Did Atty. Santos-Cruz violate the Code of Professional Responsibility?
Candido commented in a newspaper that the decision of the Court of Appeals was influenced by a powerful relative of the prevailing party. The appellate court found him guilty of indirect contempt. Does this involve moral turpitude? Delmonico as counsel for Wag Yu in a case involving 5, square meters sq. The trial court rendered judgment in favor of Wag Yu which became final and executory. After receiving P50,, Atty. Delmonico demanded the transfer to him of the promised sq. Instead of complying, Wag Yu filed an administrative complaint charging Atty. Delmonico with violation of the Code of Professional Responsibility and Article 5 of the Civil Code for demanding the delivery of a portion of the land subject of litigation.
R in a disbarment complaint for immorality filed by his paramour P that P is in pari delicto material or a ground for exoneration? X as his counsel in his complaint for Collection of Sum of Money. Upon receipt on March 20, of the Notice of Pre-Trial which was scheduled on May 24, , Allison noted that at that time he would still be in a two-week conference in St. He thus asked Atty. X to represent him during the pre-trial. Prepare the necessary document that Atty. X should submit to the court to enable him to represent Allison during Pre-Trial. Richards practiced law until when he migrated to Australia where he subsequently became an Australian citizen in He took his oath of allegiance as a Filipino citizen at the Philippine embassy in Canberra, Australia. Jaded by the laid back life in the outback, he returned to the Philippines in December After the holidays, he established his own law office and resumed his practice of law.
Months later, a concerned woman who had secured copies of Atty. May the Supreme Court act upon the complaint filed by an anonymous person? Why or why not? This is known to the defendant who does not, however, file a motion to inhibit the Judge. Is the Judge justified in not inhibiting himself from the case? Judges in the place where Judge X is assigned confirmed the complaints. Garudo to represent her in a complaint for damages. The two agreed that all expenses incurred in connection with the case would first be shouldered by Atty. Garudo and he would be paid for his legal services and reimbursed for all expenses which he had advanced out of whatever Farida may receive upon the termination of the case.
What kind of contract is this? He relishes hosting parties for government officials and members of the bench. One day, he had a chance meeting with a judge in the Intramuros golf course. The two readily got along well and had since been regularly playing golf together at the Marina Golf Club. If Atty. Rico does not discuss cases with members of the bench during parties and golf games, is he violating the Code of Professional Responsibility? His brother ran for Governor in Rabbit Province. During the election period this year, Judge L took a leave of absence to help his brother conceptualize the campaign strategy. He even contributed a modest amount to the campaign kitty and hosted lunches and dinners. Since he was given the liberty to speak on any topic, he discussed the recent decision of the Supreme Court declaring that the President is not, under the Constitution, proscribed from appointing a Chief Justice within two months before the election.
In his speech, the judge demurred to the Supreme Court decision and even stressed that the decision is a serious violation of the Constitution. Did Judge X incur any administrative liability? The assistance could be in the form of equipment or allowance. Justices at the Court of Appeals in the regional stations in the Visayas and Mindanao are not necessarily residents there, hence, they incur additional expenses for their accommodations. P on the ground of immorality and use of illegal drugs. After Arabella presented evidence and rested her case before the Investigating Commissioner of the IBP Committee on Bar Discipline, she filed an Affidavit of Desistance and motion to dismiss the complaint, she and her husband having reconciled for the sake of their children.
The donation was accepted and the condition was complied with. The family-owned tracts of land in the vicinity of the donated lot suddenly appreciated in value and became commercially viable as in fact a restaurant and a hotel were soon after built. Did the Judge commit any violation of the Code of Judicial Conduct? In attending hearings, he uses his car bearing his protocol plate which was issued to him while still in the service.
A few days later, Twitter user PapaFrenma posted on Friday, December 1, that many of the questions in the Legal Ethics Examination appear to have been copied from previous bar examinations. READ: Bar examinees urged: Become people's lawyers, human rights defenders The account said "8 out of the 16" questions in Legal Ethics were copied "with only the names changed.
See the comparisons here: The Bar questionnaires are uploaded on the Supreme Court website. Examination takers can also take home their questionnaires if they choose to after the exams, while past questionnaires are either uploaded by 3rd party websites like Lawphil. It's not clear if the Twitter user was among the Bar takers this year. Associate Justice Marvic Leonen replied to the tweet, which tagged him. Please specify. This is a serious charge. If not true, it is also a serious offense to accuse," Leonen told the Twitter user, after which he posted the photos in reply. Asked by Rappler if it merits an investigation by the Bar Chairman, Pia Bersamin said "no it does not. The examiner is still unknown to the public, and his or her identity will be revealed only when the results of the bar exam are released," she said. Some lawyers think that it is a question of whether it is proper for the Bar Examiner — paid to craft the questions — to simply copy previous questions.
It may also be a matter of the "copied" questions getting past the scrutiny of the Bar Chairman. I hope he or she did not claim that these were her or his questions," said a source from the academe. The Twitter user alleged it's a case of plagiarism. That in fact is one of the things that review trainors try to predict in future bar exams," Aquende said in a text message. He added there were key differences in the requirement of the questions. Aquende said that the integrity of the examinations is what's important. READ: More 'reasonable' Bar exams resulted in high passing rate "What is important is that no one knew what will be asked before the test is administered," he said. It is not an intellectual property as it is a public professional qualifying exam," Pia Bersamin added.
Other critics countered however that with little variation in test questions, it would be easier to leak them, with leakers only instructing Bar examinees to study closely specific years of the Bar Exams. Over 7, law students took this year's examinations, following the Bar Examinations, which registered a decades-high
Simultaneous Representation of Multiple Clients Q. May a lawyer simultaneously represent multiple clients with conflicting interests? Rule 1. Such waiver and consent are effective if three conditions are met: the lawyer reasonably believes that she will be able to provide competent and diligent representation to each affected client; the representation is not prohibited by law; [and] the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
Absent consent, when a lawyer represents a client in one matter, he may not be adverse to that client in a different matter, even if the two matters are wholly unrelated. See Rule 1. See also N. City before binding multiple clients to an aggregate settlement, a lawyer has a nonwaivable obligation to obtain the informed consent of every affected client. With respect to aggregate settlements, Rule 1. If it is not feasible to obtain or transmit the writing at the time the person gives oral consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
When used in the context of conflict of interest determinations, "reasonable lawyer" denotes a lawyer acting from the perspective of a reasonably prudent and competent lawyer who is personally disinterested in commencing or continuing the representation. The prohibition against conflicts in the representation of multiple clients furthers a number of salutary objectives. As explained by the New York Court of Appeals, the prohibition safeguard[s] against not only violation of the duty of loyalty owed the client, but also against abuse of the adversary system and resulting harm to the public at large.
Greene v. Greene, 47 N. An attorney who has failed to recognize or ignores the existence of an impermissible conflict involved in the simultaneous representation of multiple clients may be disqualified from representing all of the clients. Zuhoski, A. Children, Misc. Multiple representation can therefore cause serious hardship to one or more clients if a lawyer is forced to withdraw after having performed significant legal services.
The same is true for unforeseeable conflicts "thrust upon" an attorney, through no fault of the lawyer, in the course of representing two or more clients. If such a conflict arises and the clients refuse to consent to simultaneous representation, the lawyer must withdraw from representing one or more of the clients. See N. City The lawyer should accept or continue employment only if each client consents to the representation. See Anderson v. Nassau County Dep't of Corrections, F. To be sure, sophisticated corporate and institutional clients can consent to conflicts which might be non-consentable in cases involving unsophisticated lay clients who are not represented by independent counsel in connection with the consent. It may be easier to obtain waivers of conflicts in a non-litigation context than in the context of litigation. See id. Successive Adverse Representation Q. When may a lawyer represent a client with interests adverse to those of a former client?
Successive representation is permitted when there is no conflict between the interests of the former and current clients under Rule 1. Under Rule 1. But see N. State oral waivers obtained before April 1, need not subsequently be confirmed in writing. Where successive representation is permitted, Rule 1. The following discussion pertains to lawyers in private practice only. SeeWorld Hill Ltd. Saar, No. An attorney-client relationship is established when there is an explicit undertaking to perform a specific task. While the existence of the relationship is not dependent upon the payment of a fee or an explicit agreement, a party cannot create the relationship based on his or her own beliefs or actions'. The comments to Rule 1. This is also a fact-specific inquiry. See e. There is no prohibition or restriction on successive adverse representations involving unrelated matters or related matters where the interests of the former and current clients are not materially adverse.
Pursuant to Rule 1. To obtain the informed consent required by the rule, a lawyer must adequately explain to the former client "the material risks of the proposed course of conduct and reasonably available alternatives. Switching Firms Conflict issues involving successive adverse representation often arise after a lawyer switches firms and her prior law firm represented a client adverse to a current or prospective client of her new firm.
See Silver Chrysler Plymouth, Inc. Chrysler Motors Corp. Pursuant to the imputation provisions of Rule 1. Where a successive representation is permitted, certain obligations to a former client remain. Emphasis added. See alsoJamaica Pub. AIU Ins. The prohibition against use of confidential information remains fully applicable even if the lawyer is able to use the information without disclosing it to others. When a client fails to pay its legal bills, may a lawyer withdraw from the representation, and if so, how? Can the lawyer retain the file until the bills are paid? Even after bills are settled, may a lawyer refuse the client access to portions of the file? General summary. A lawyer generally may withdraw from the representation when the client fails to pay the lawyer's fees, but must take steps to the extent reasonably practicable to avoid foreseeable prejudice to the rights of the client.
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