LEGAL AND JUDICIAL ETHICS & PRACTICAL EXERCISES

Table of Contents
Political and International Law p. 2
Labor Law and Social Legislation p. 2
Civil Law p. 2
Taxation Law p. 2
Criminal Law p. 2
Commercial Law p. 2
Remedial Law p. 2
Legal and Judicial Ethics & Practical Exercises p. 2

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 LEGAL ETHICS PINEDA
1. Prohibition or Disqualification of Former Government Attorneys

PRACTICE OF LAW
G. Lawyers Authorized to Represent the Government
A. Concept
H. Lawyer’s Oath
1. Privilege

2. Profession, Not Business

DUTIES AND RESPONSIBILITIES OF A LAWYER

A. Society
B. Qualifications

1. Respect for Law and Legal Processes

C. Continuing Requirements for Membership in the Bar

2. Efficient and Convenient Legal Services

1. Good Moral Character

3. True, Honest, Fair, Dignified, and Objective Information on Legal Services

2. Citizenship; Reacquisition of the Privilege to Practice Law in the Philippines

4. Participation in the Improvements and Reforms in the Legal System

D. Appearance of Non-Lawyers
5. Participation in Legal Education Program

1. Law Student Practice

6. Lawyers in Government Service Discharging Their Tasks

2. Non-Lawyers in Court

B. The Legal Profession

3. Non-Lawyers in Administrative Tribunals and Labor Tribunals

1. Integrated Bar of the Philippines

4. Proceedings Where Lawyers Are Prohibited from Appearing

2. Membership and Dues

E. Sanctions for Practice or Appearance without Authority

3. Upholding the Dignity and Integrity of the Profession

1. Lawyers without Authority

4. Courtesy, Fairness, and Candor towards Professional Colleagues

2. Persons Not Lawyers

5. No Assistance in Unauthorized Practice of Law

C. The Courts
F. Public Officials and Practice of Law

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 1. Candor, Fairness, and Good Faith towards the Courts c. Delivery of Funds

2. Respect for Courts and Judicial Officers d. Borrowing or Lending

3. Assistance in the Speedy and Efficient Administration of Justice

4. Fidelity to Client’s Cause
4. Reliance on Merits of Case, Not on Impropriety Tending to Influence the
Courts a. Use of Fair and Honest Means

b. Client’s Fraud
D. The Clients
c. Procedure in Handling Cases
1. Availability of Service without Discrimination

a. Services Regardless of Person’s Status 5. Competence and Diligence

b. Services as Counsel de Oficio a. Adequate Protection

c. Valid Grounds for Refusal b. Negligence

c. Collaborating Counsel
2. Candor, Fairness, and Loyalty to Clients
d. Duty to Apprise Client
a. Confidentiality Rule

b. Privileged Communication 6. Representation with Zeal within Legal Bounds

c. Conflict of Interest 7. Attorney’s Fees

d. Candid and Honest Advice to Clients a. Acceptance Fees

e. Compliance with Laws b. Contingency Fee Arrangements

f. Concurrent Practice with Another Profession c. Champertous Contracts

d. Attorney’s Liens
3. Client’s Money and Properties
e. Fees and Controversies with Clients
a. Fiduciary Relationship
f. Concepts of Attorney’s Fees
b. Co-Mingling of Funds

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 B. Lawyers Who Have Been Disbarred
8. Preservation of Client’s Confidences
C. Lawyers Who Have Been Repatriated
a. Prohibited Disclosures and Use

b. Disclosures, When Allowed MANDATORY CONTINUING LEGAL EDUCATION

A. Purpose
9. Withdrawal of Services

B. Requirements
10. Duties of Lawyers in Case of Death of Parties Represented

C. Compliance

D. Exemptions

E. Sanctions
SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

A. Nature and Characteristics of Disciplinary Actions against Lawyers

NOTARIAL PRACTICE
1. Sui Generis

A. Qualification of Notary Public

2. Prescription of Actions

B. Terms of Office of Notary Public

B. Grounds
C. Powers and Limitations

C. How Instituted
D. Notarial Register

D. Proceedings
E. Jurisdiction of Notary Public and Place of Notarization

E. Discipline of Filipino Lawyers Who Practice in Foreign Jurisdictions

F. Revocation of Commission

F. Sanctions
G. Competent Evidence of Identity

H. Sanctions

READMISSION TO THE BAR

DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT

A. Lawyers Who Have Been Suspended

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A. Judgments, Final Orders, and Entry of Judgments

B. Contempt

C. Arraignment and Plea

D. Attorney-Client Privilege

E. Powers and Duties of Court and Judicial Officers

F. Disqualification of Judicial Officers/Inhibition

G. Withdrawal from Case

H. Standing in Court of Persons Authorized to Appear for the Government

I. Government Lawyers and Private Practice

J. Amicus Curiae

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 JUDICIAL ETHICS PINEDA A. Members of the Supreme Court

B. Lower Court Judges and Justices

SOURCES C. Grounds

A. New Code of Judicial Conduct for the Philippine Judiciary D. Impeachment

B. Code of Judicial Conduct E. Sanctions Imposed by the Supreme Court on Erring Members of the Judiciary

QUALITIES

A. Independence

B. Integrity

C. Impartiality

D. Propriety

E. Equality

F. Competence and Diligence

ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES

DISQUALIFICATION OF JUDICIAL OFFICERS

A. Compulsory

B. Voluntary

DISCIPLINE OF MEMBERS OF THE JUDICIARY

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 PRACTICAL EXERCISES ◆ s
◇ s
∎ s
A. Demand and Authorization Letters
□ s
( 1)
B. Contract of Sale
( 2)
( 3)
C. Contract of Lease

D. Special Power of Attorney

E. Verification and Certificate of Non-Forum Shopping

F. Notice of Hearing and Explanation

G. Judicial Affidavit

H. Notarial Certificates; Jurat and Acknowledgement

I. Motions for Extension of Time, to Dismiss, and to Declare in Default

J. Quitclaims in Labor Cases

K. Promissory Note

L. Information in Criminal Cases

M. Retainer Agreement

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