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2012 Legal and Judicial Ethics SYLLABUS

2012 Legal and Judicial Ethics SYLLABUS

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Published by Tiofilo Villanueva

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Published by: Tiofilo Villanueva on Nov 28, 2011
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11/05/2012

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SYLLABUS FOR THE 2012 BAR EXAMINATIONS
L
EGAL AND
J
UDICIAL
E
THICS
 
I. LEGAL ETHICS
 A. Practice of law1. Concepta) Privilegeb) Profession, not business2. Qualifications3. Appearance of non-lawyersa) Law student practiceb) Non-lawyers in courtsc) Non-lawyers in administrative tribunalsd) Proceedings where lawyers are prohibited from appearing4. Sanctions for practice or appearance without authoritya) Lawyers without authorityb) Persons not lawyers5. Public officials and practice of lawa) Prohibition or disqualification of former government attorneysb) Public Officials who cannot practice law or with restrictions6. Lawyers authorized to represent the government7. Lawyer’s oathB. Duties and responsibilities of a lawyer1. To societya) Respect for law and legal processesb) Efficient and convenient legal servicesc) True, honest fair, dignified and objective information on legal servicesd) Participation in the improvement and reforms in legal systeme) Participation in legal education program2. To the legal professiona) Integrated Bar of the Philippines(i) Membership and duesb) Upholding the dignity and integrity of the professionc) Courtesy, fairness and candor towards professional colleaguesd) No assistance in unauthorized practice of law3. To the courtsa) Candor, fairness and good faith towards the courtsb) Respect for courts and judicial officersc) Assistance in the speedy and efficient administration of justiced) Reliance on merits of his cause and avoidance of any impropriety which tendsto influence or gives the appearance of influence upon the courts4. To the clients
 
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a) Availability of service without discrimination(i) Services regardless of person’s status(ii) Services as counsel de officio(iii) Valid grounds for refusalb) Candor, fairness and loyalty to clients(i) Confidentiality rule(ii) Privileged communications(iii) Conflict of interest(iv) Candid and honest advice to clients(v) Compliance with laws(vi) Concurrent practice of another professionc) Client’s moneys and properties(i) Fiduciary relationship(ii) Co-mingling of funds(iii) Delivery of funds(iv) Borrowing or lendingd) Fidelity to client’s causee) Competence and diligence(i) Adequate protection(ii) Negligence(ii) Collaborating counsel(iii) Duty to apprise clientf) Representation with zeal within legal bounds(i) Use of fair and honest means(ii) Client’s fraud(iii) Procedure in handling the caseg) Attorney’s fees(i) Acceptance fees(ii) Contingency fee arrangements(iii) Attorney’s liens(iv) Fees and controversies with clients(v) Concepts of attorney’s fees(a) Ordinary concept(b) Extraordinary concepth) Preservation of client’s confidences(i) Prohibited disclosures and use(ii) Disclosure, when allowedi) Withdrawal of servicesC. Suspension, disbarment and discipline of lawyers1. Nature and characteristics of disciplinary actions against lawyersa) Sui generisb) Prescription2. Grounds3. Proceedings4. Discipline of Filipino lawyers practicing abroad
 
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D. Readmission to the Bar1. Lawyers who have been suspended2. Lawyers who have been disbarred3. Lawyers who have been repatriatedE. Mandatory Continuing Legal Education1. Purpose2. Requirements3. Compliance4. Exemptions5. SanctionsF. Notarial Practice1. Qualifications of notary public2. Term of office of notary public3. Powers and limitations4. Notarial register5. Jurisdiction of notary public and place of notarization6. Revocation of commission7. Competent evidence of identity8. Sanctions
II. JUDICIAL ETHICS
 A. Sources1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)2. Code of Judicial ConductB. Qualities1. Independence2. Integrity3. Impartiality4. Propriety5. Equality6. Competence and diligenceC. Discipline of members of the Judiciary1. Members of the Supreme Courta) Impeachment2. Lower court judges and justices3. Grounds4. Impeachment5. Sanctions imposed by the Supreme Court on erring members of the Judiciary

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