BLJE QUIZ, 22 SEPT.

2021

MINDANAO, RAFAEL M.
BASIC LEGAL AND JUDICIAL ETHICS

1. Johnny Cross passed the bar examinations given in year 2019. Immediately thereafter, he
appeared in court and defended Mary Magda who was accused of prostitution. Mike Ross
questioned the appearance of Cross as he is not yet a full-fledged lawyer. Decide. (10%)

Answer: Johnny Cross has no authority of practicing law unless he is taken under oath of
being a full-pledge lawyer. Proving himself of malpractice will be ground to him for
disbarment, as appearing in court will make him unauthorized legal practitioner. Hence,
passing the bar examinations and taking lawyer’s oath with signing in roll of attorneys are the
legitimate requirements for him to appear in court.

2. O, the lessor, entered into a contract of lease of his apartment unit with A, an attorney and
the lessee. A failed to pay rent for 6 months. For A’s failure to pay rent, O filed a civil case for
collection and damages and at the same time went to the IBP praying A’s suspension from the
practice of law since A’s act of non-payment of rentals is akin to the case of issuance of
bouncing checks and such act involved moral turpitude. Decide. (10%)

Answer: O, the lessor, has the authority to file civil case to lessee for its failure of payment.
The lessor also entitled with his ability to file separate case in the IBP its suspension to
practice of law as the lessee violated the Canons of Professional Responsibility. It is a gross
immoral conduct to pay in issuance of bouncing checks, which a clear violation of both
criminal and civil case. Hence, the lessee, who is an attorney, may be subjected to disbarment
and other penalties if the gross immoral conduct is proven in court.

3. M, a member of the Bar, filed a petition for annulment of marriage against his wife W
before the Family Court on the ground of psychological incapacity of W. The court granted the
petition but declared that M was psychologically incapacitated when he entered marriage with
W. W then filed a disbarment case against M on the ground of his psychological incapacity. May
M be disbarred on this ground? (10%)

Answer: Psychological incapacity can be a ground for annulment but not in disbarment. In
any chance he may committed gross immoral conduct and violated the Canons of
Professional Responsibility due to his psychological incapacity, it is the discretion of the court
to prohibit him into practice, under case-to-case basis.
4. Atty. Harvey Specter advised his client that after 9 years of separation from his wife, he could
remarry and, in the process, prepared a document declaring the spouses to be single again and
could contract subsequent marriages, after the spouses signed it, notarized it. Is Atty. Specter
guilty of malpractice? Why or why not? (10%)

Answer: YES. Atty Specter is guilty in malpractice of profession. There is a legitimate process
of dealing with separation of spouses which is annulment. Annulment case renders in proper
court with jurisdiction, as this will certify its legality to change their statuses. Hence, any
lawyer practicing invalid process in defiance of law is a clear violation of Rule 1.02, Canon 1 of
Professional Responsibility.

5. May a lawyer reject the cause of a client? In case of refusal for a valid ground, may he refuse
to render at least legal advice? (10%)

Answer: NO. A lawyer cannot reject the cause of client. According to Canon 2 of Professional
Responsibility, a lawyer shall make his legal services available in efficient and convenient
manner compatible with independence, integrity and effectiveness of the profession. In case
of valid ground, a lawyer shall not refuse to render a legal advice as it is necessary to
safeguard the latter’s right (Rule 2.02, Canon 2).

6. May a lawyer advertise his legal services? Why or why not? (10%)

Answer: NO. A lawyer may not advertise his legal services. It is a clear violation of Rule 2.03
of Canons of Professional Responsibility which a lawyer shall not do or permit to be done any
act designed primarily to solicit legal business. It may be subjected to personal interest rather
than rendering free and legal services to the people.

7. What is ambulance chasing? Do lawyers who engage in ambulance chasing violating the
Canons for Professional Responsibility? (10%)

Answer: Ambulance chasing is an act of chasing victims of accidents for the purpose of talking
to the said victims (or relatives) and offering his legal services for the filing of a case against
the person(s) who caused the accident(s). It is a violation to Rule 1.04, Canon 1 of
Professional Responsibility which stated that “a lawyer shall encourage his clients to avoid,
end or settle the controversy if it will admit of a fair settlement”.
8. What is the best advertisement for a lawyer? (10%)

Answer: The best advertisement for a lawyer is the establishment of a well-merited

reputation for professional capacity and fidelity to trust. It is important for the lawyer to
possessed good moral, integrity and independence in his profession. Advertisement may be
permissible for a simple giving a professional card or opening a law firm to help the people
seeking for legal services.

9. Ramon Revilla, is an actor using his screen name. He passed the bar examinations and signed
his real name Ramon Bautista in the Roll of Attorneys. However, he represents himself as Atty.
Ramon Revilla, and not Atty. Ramon Bautista. Does he violate any law? (10%)

Answer: YES. He violated the law under Rule 3.02 of Canon 3 of Professional Responsibility
which in the choice of a firm name, no false, misleading, or assumed name shall be used. He
must use his original name in accordance with what is registered in the Roll of Attorneys.
Hence, may be subjected to disbarment or suspension if he was proven guilty in court.

10. How shall a lawyer participate in the improvement of the legal system? (10%)

Answer: According to Canon 4 of Professional Responsibility, “a lawyer shall participate in the

improvement of the legal system by initiating or supporting efforts in law reform and in the
administration of justice”. It must be shown by the acts initiated by the lawyers by showing in
petition of the following grounds, if any, a certain law that can be possible unconstitutional
or introduction of pertinent bills in Congress.