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Bar Questions Legal Ethics--2007

Bar Questions Legal Ethics--2007

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Published by Kristine N.

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Published by: Kristine N. on Aug 01, 2010
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- I -(10%)What are the duties of an attorney?ANSWER:Rule 138 Section 20. Duties of attorneys. It is the duty of an attorney:(a) To maintain allegiance to the Republic of the Philippines and to supportthe Constitution and obey the laws of the Philippines.(b) To observe and maintain the respect due to the courts of justice and judicial officers;(c) To counsel or maintain such actions or proceedings only as appear to himto be just, and such defenses only as he believes to be honestly debatableunder the law.(d) To employ, for the purpose of maintaining the causes confided to him,such means only as are consistent with truth and honor, and never seek tomislead the judge or any judicial officer by an artifice or false statement of fact or law;(e) To maintain inviolate the confidence, and at every peril to himself, topreserve the secrets of his client, and to accept no compensation inconnection with his client's business except from him or with his knowledgeand approval;(f) To abstain from all offensive personality and to advance no factprejudicial to the honor or reputation of a party or witness, unless requiredby the justice of the cause with which he is charged;(g) Not to encourage either the commencement or the continuance of anaction or proceeding, or delay any man's cause, from any corrupt motive orinterest;(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;(i) In the defense of a person accused of crime, by all fair and honorablemeans, regardless of his personal opinion as to the guilt of the accused, topresent every defense that the law permits, to the end that no person maybe deprived of life or liberty, but by due process of law.
- II -(10%)C engages the services of attorney D concerning various mortgage contractsentered into by her husband from whom she is separated, fearful that herreal estate properties will be foreclosed and of impending suits for sums of money against her. Attorney D advised C to give him her land titles coveringher lots so he could sell them to enable her to pay her creditors. He thenpersuaded her execute deeds of sale in his favor without any monetary orvaluable consideration, to which C agreed on condition that he would sell thelots and from the proceeds pay her creditors. Later on, C came to know thatattorney D did not sell her lots but instead paid her creditors with his ownfunds and had her land titltes registered in his name.Did attorney D violate the Code of Professional Responsibility? Explain.ANSWER:Art. 1491states, the following persons cannot acquire by purchase, event ata public or judicial auction, either in person or through the mediation of another.A. XXXB. XXXC. XXXD. XXXE. Justices, judges, prosecuting attorneys, clerk of superior and inferiorcourts, and other officials and employees connected with the administrationof justice. XXX this shall apply to lawyers, with respect to the property andrights which may be the object of any litigation in which they may take partby virtue of their profession.F. XXX
 The Supreme Court declare such sale as "void and inexistent from thebeginning".By that, the lawyer violates his oath of office - to obey the laws of the land. Thus, he is guilty of malpractice and should be disciplined for his acts.- III -(10%)Attorney M. accepted a civil case for the recovery of title and possession of land in behalf of N. Subsequently, after the Regional Trial Court had issued adecision adverse to N, the latter filed an administrative case against attorneyM for disbarment. He alleged that attorney M caused the advese rulingagainst him; that attorney M did not file an opposition to the Demurrer toEvidence filed in the case, neither did he appear at the formal hearing on thedemurrer, leading the trial court to assume that plaintiff's counsel (attorneyM) appeared convinced of the validity of the demurer filed; that attorney Mdid not even file a motion for reconsideration , causing the order to becomefinal 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 requestedattorney M to withdraw, but attorney M refused. Complainant N furtheralleged that attorney M abused his client's trust and confidence and violatedhis 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 thevoluminous records turned over to him were in disarray, and that appearedfor N, he had only half of the information and background of the case; thathe was assured by N's friends that they had approach the judge; that theyrequested him (M) to prepare a motion for reconsideration which he did andgave to them; however these friends did not return the copy of the motion.Will the administrative case proper? Give reasons for your answer.ANSWER:this problem is similar to Rasmus Anderson Jr. vs Atty. Reynaldo Cardeno AC3523, Jan 17,2005.

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