Please see the attached files for your assignments in Legal Writing to be submitted on or before December 1, 2018.

In addition, answer at least ten (10) bar examination questions on subjects that you are currently enrolled in (such
as
Criminal Law I, Persons & Family Relations, Constitutional Law I).

Unless you think you have a better way of presenting your answers, please follow the recommended structure in
one
of the attached materials. Or, you could incorporate in your style some parts of the suggestions that you think could
improve
your answers.

SOME POINTERS IN DRAFTING LEGAL OPINION LETTER

An opinion letter begins and ends with the form of any other business correspondence, but the middle takes on the
form of a research memo. The letter should demonstrate your objectivity. You should not distort the answer for your client and
you should make sure that you do not appear to be judging or condemning your client’s conduct. You are providing an opinion
on a legal matter, not a guarantee, and your letter must reflect this inherent limitation.

Although you may need to say no, be sensitive to your client’s hopes, wishes and fears. For example, instead of
saying, “Claims like yours have been flatly rejected by the courts,” rephrase your statement to be less harsh: “This claim has
been unsuccessful in other cases” or “is unlikely to prevail.” Remember that you can be sensitive to your client’s wishes and still
honestly state your opinion on the likelihood of their success.

Refer to the Sample Bar Exam Legal Opinion by Atty. Ralph A. Sarmiento.

CASE ASSIGNMENT

You are an associate in a Pasay-based law firm. This afternoon, you met with Dr. Fe Sy, who is a dentist employed by
the Lazaro Dental Clinic.

Seven years ago, right after she completed dental school, Lazaro Dental Clinic hired Dr. Sy. At that time, she signed an
employment contract that includes a restrictive covenant. The covenant states that if Dr. Sy leaves the clinic, she agrees not to
practice dentistry within a 160-kilometer radius of Pasay City for five years. The contract does not specify what damages Dr. Sy
would owe the clinic if she were to breach the restrictive covenant. The contract also covers more routine aspects of Dr. Sy’s
employment, including sick leave, vacations, salary, and general duties.

Because she is tired of city living, Dr. Sy now wants to leave the Lazaro Dental Clinic and open her own practice in San
Pedro, Laguna, just 26 kilometers south of Pasay City. She wants to know whether the dental clinic can enforce the restrictive
covenant against her.

When you questioned Dr. Sy further about her work for the clinic, she gave you the following information. Two years
after she joined the clinic, Dr. Sy approached many of the health maintenance organizations and employers in Pasay City about
affiliating or contracting with the dental clinic for dental care. As a result of her efforts, the clinic is now affiliated with one
Laguna HMO and four large Pasay City employers. Dr. Sy has strong connections with each of these groups and handles most of
the business interactions for the clinic. Most of her time, however, is directly devoted to patient care.

The shareholders of the clinic do not yet know about Dr. Sy’s plans to set up a practice of her own. She expects the
clinic shareholders to object when she leaves the clinic and to sue her for breaching the restrictive covenant. The shareholders
will probably fear that Dr. Sy’s withdrawal from the clinic may cost it the affiliation with the HMO and the contracts with the
large employers.

Dr. Sy believes, however, that most of the clinic’s patients will stay with the clinic and the affiliation and contracts will
not be affected if she opens her office in Laguna. On the contrary, she is the one who will probably lose business because
almost 60% of the clinic’s patients are Pasay City residents who would find it inconvenient to travel to San Pedro. Most of the
remaining patients live in various parts of Laguna. Dr. Sy believes that her new practice in San Pedro would not affect the
clinic’s business, even though she is very popular with the patients. Therefore, she hopes that the restrictive covenant is invalid.
She is also concerned about the large area and length of time of the restriction.

INSTRUCTIONS

1. Research the relevant provisions of law.

2. Research the relevant cases.
3. Quickly skim the relevant cases to get a general understanding of the law and its historical development.
4. Carefully read the relevant cases to determine what parts of the opinions are applicable to Dr. Sy’s situation.
5. Carefully reread the applicable parts of the opinions to determine how the law applies to Dr. Sy’s situation.
6. Write an opinion letter to Dr. Sy, laying out the answers to her questions.
7. You may seek the help of your lawyer friend or acquaintance in this assignment but please write the name of the
lawyer in your assignment.