The University of Manila

College of Law

BASIC LEGAL ETHICS

As we have discussed in our last meeting, I agreed to give special quizzes to

those who lacks any quiz or wanted to replace a “low scored” quiz. However,
considering that classes have been suspended and I think we could not meet
anymore, I prepared these essay questions as replacement for the quizzes.

Each question represents one quiz and shall be graded individually, so you
may either just chose one or you may choose to answer all the questions.

Kindly email your answers to attymadspia@yahoo.com. Deadline is on

April 3, 2020 at 1:00 in the afternoon.

I also gave a copy of my discussion presentation to your beadle for

distribution. Keep safe everyone. Take care and God bless.
x------------------------------------------------------------------------------------------------------------------x

I.

Casper Solis graduated with a Bachelor of Laws degree from Achieve University in
2000 and took and passed the bar examinations given that same year. Casper passed the
bar examinations and took the Attorney’s Oath together with other successful bar
examinees on March 19, 2001 at the Philippine International Convention Center (PICC). He
was scheduled to sign the Roll of Attorneys on May 24, 2001 but he misplaced the Notice to
Sign the Roll of Attorneys sent by the Office of the Bar Confidant after he went home to the
province for a vacation. Since taking his oath in 2001, Casper had been employed by several
law firms and private corporations, mainly doing corporate and taxation work.

When attending a seminar as part of his Mandatory Continuing Legal Education in

2003, Casper was unable to provide his roll number. Seven years later in 2010, Casper filed
a Petition praying that he be allowed to sign the Roll of Attorneys. Casper alleged good
faith, initially believing that he had already signed the Roll before entering PICC for his
oath-taking on March 19, 2001.

a. Can Casper already be considered a member of the Bar and be allowed to use the
title of “attorney”? Explain.
b. Did Casper commit any professional or ethical transgression for which he could
be held administratively liable?
c. Will you grant Casper’s Petition to belatedly sign the Roll of Attorneys? Why?
 II.

Engr. Gilbert referred his friends, spouses Richard and Cindy Maylupa, to Atty. Jane
for the institution of an action for partition of the estate of Richard’s deceased father. In a
letter, Atty. Jane promised to give Engr. Gilbert a commission equivalent to 15% of the
attorney’s fees she would receive from the spouses Maylupa. Atty. Jane, however, failed to
pay Engr. Gilbert the promised commission despite already terminating the action for
partition and receiving attorney’s fees amounting to about P600,000.00. Engr. Gilbert
repeatedly demanded payment of his commission but Atty. Jane ignored him. May Atty.
Jane professionally or ethically promise a commission to Engr. Gilbert? Explain.

III.

In a land registration case before Judge Lucio, the petitioner is represented by the
second cousin of Judge Lucio’s wife.
(A) Differentiate between compulsory and voluntary disqualification and
determine if Judge Lucio should disqualify himself under either
circumstance.
(B) If none of the parties move for his disqualification, may Judge Lucio
proceed with the case?

IV.

Atty. Luna Tek maintains an account in the social media network calls Twitter and
has 1,000 followers there, including fellow lawyers and some clients. Her Twitter account is
public so even her non-followers could see and read her posts, which are called tweets. She
oftentimes takes to Twitter to vent about her daily sources of stress like traffic or to
comment about current events. She also tweets her disagreement and disgust with the
decisions of the Supreme Court by insulting and blatantly cursing the individual Justices
and the Court as an institution.

(A) Does Atty. Luna Tek act in a manner consistent with the Code of Professional
Responsibility? Explain the reasons for your answer.
(B) Describe the relationship between a lawyer and the courts.