Basic Legal Ethics

Final Exam
Judge Merlas

1.

a.) A contingent fee arrangement is a type of payment for the attorney’s services subject to the
outcome of the case. Should a lawyer win the case, the contingent fee can be availed. If the case
is lost, then such fee will be unavailing. As to the fee, it should be monetary in character. If the
fee is based on real property such as land, it becomes champertous especially if it is a property
under the subject of litigation. A contingent fee is valid while a champertous one is invalid.

b.) The factors to be considered in determination of attorney’s fees are the following:
ba. The time spent and the extent of service rendered
bb. The importance of the subject matter
bc. The novelty and difficulty of questions involved
bd. The skills demanded
be. The amount involved in the controversy and benefits resulting to the client.
bf. The probability of losing other employment as a result of accepting the case.
bg. The professional standing of the lawyer
bh. The customary charges similar to the IBP charter he is in
bi. The contingency or certainty of the compensation
bj. The character of employment whether occasional or established

2.

a.) Lawyer’s Oath

I, , do solemnly swear that I will maintain allegiance to the Republic of the Philippines,
I will support the Constitution and obey the laws as well as the legal orders of the duly constitut-
ed authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor con-
sent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fidelity as well to the courts
as to my clients; and I impose upon myself these voluntary obligations without any mental reser-
vation or purpose of evasion. So help me God.
 

b.) A judge should be impartial, he is expected to display cold neutrality to the case and set aside
his prejudice. As such, he should refrain from entertaining cases which would result to the con-
flict of interest. For a party, the judge must refrain if he is related within the 6th degree of con-
sanguinity. As to the lawyer, the judge must refrain if he is related to him within 4th degree of
consanguinity. He plays a big role in the administration of justice.
3.

a.) The defence of Atty B is not meritorious. According to the Canon of of professional responsi-
bility, a lawyer must observe candour, fairness, and loyalty to all transactions with his client. He
must also observe fidelity to the client’s cause. In the case at bar, Atty B, negotiated without his
client’s knowledge and consent. Although the intention of the lawyer is noble as he is required by
the canon of professional responsibility not to encourage suits. He, nevertheless, proceeded with
such act. As to the procedural matters and matters of law, the lawyer should prevail. In substan-
tive matters, the client should prevail. Having failed to inform and respect the client, the client
should prosper since the details of the compromise agreement, a substantial matter, needs the
consent of the client. It is immaterial whether the client suffered injury of benefited from such
act. Atty B should inform or ask or make an effort while negotiating with the opposing party, and
the least he could do is obtain consent.

b.) Having discovered that C is not a lawyer, it is the duty of the lawyer not to directly or indi-
rectly participate with the unauthorised practice of law. A such, he has a collateral duty to report
such acts and file the remedies which may be the following:
ba. Declaratory relief
bb. Petition for injunction
bc. Criminal complaint for estafa
bd. Contempt of court
be. Administrative complaint
Since C is not a lawyer, he can be filed with contempt of court, as well as criminal complaint for
estafa.

4.

a.) As my client desires to enter a plea of guilty, I have to perform the following duties as his
lawyer:
aa. Acquaint myself with the records and surrounding circumstances of the case
ab. Confer with the opposing party and obtain from him his account of what had
happened
ac.Thoroughly explain to him the import guilty plea and inevitable conviction that will
follow
ad. See to it that the prescribed procedure which experience have shown to be necessary
to the administration of justice is strictly followed and disclosed in the court records.
ae. Advise him of his constitutional rights.
Furthermore, I will see to it that he can avail the mitigating circumstance that can be imposed or
awarded to him.

b.) Generally, the clients are bound to the activities and effects of their counsels. As such, they
are also bound by the negligence of their counsels except in the following circumstances:
 ba. Where there is an outright deprivation of the client’s liberty or property or when the
interest of justice so requires.
bb. Whereby the error is purely technical which does not substantially affect the client’s
cause.
bc. The ignorance, incompetence, or inexperience of the counsel is so great and the error
is serious that the client who has good cause has been prejudiced or denied of his day in
court.
bd. Gross negligence of the lawyer
be. Lack of acquaintance with the technical part of the procedure.

5.

Yes, S is liable for unethical conduct. According to the Canon of Professional Responsibility, a
lawyer should hold the money and property of the client in trust which may come to his posses-
sion. Furthermore, he is expected to act not in his private interest nor conduct himself in any
manner that would tarnish the legal profession. The l a trade legal profession is not a trade or
business. Thus, he should refrain from such acts. In the case at bar, Atty D offered and brought
the property under litigation, he has violated the requisites for prohibition:
a. There is an attorney-client relationship
b. The property is the subject matter of the litigation
c. The lawyer is the counsel of record of the client
d. The property is bought by the attorney himself or a third person representing him
As such, D is guilty with all the requisites Such prohibition also covers Atty E since he is the
counsel of record of Y and the property is under the subject of litigation.

6.

a.) Atty X is administratively liable for his failure to appeal. According to the Canon of Profes-
sional Responsibility, a lawyer should serve the client with competence and diligence. He should
also represent the client with zeal and vigor. In the case at bar, Atty X failed to appeal the judge-
ment. His defence of being abroad is not meritorious. He must have exerted effort and diligence
as to the update of the client’s case. He had a 15-day opportunity to appeal the case. He did not
instruct his clerk to call him or at least, call the clerk as an extra precaution. As for Y, he should
not suffer for the negligence of Atty X. Generally, a client is bound by the actions of the attorney
except for some instances. In the case at bar, the ignorance and incompetence of Atty K is so
great that Y is prejudiced and denied of his opportunity to be heard on appeal.

b.) Public officials are prohibited from the practice of law mainly because public office is a pub-
lic trust. They should devote their full attention to the interest of the public. He should not di-
vulge his own private interest to the detriment or prejudice of the public interest. A great trust is
imposed on him in his full devotion to public office and the interest of the public.

7.
a.) According to the Canons of Professional Responsibility, a lawyer should hold in trust the
money and property of the client that may come in his possession. Furthermore, he must charge
his client at a reasonable fee or what is due upon him. As such, a lawyer is also protected that he
has a retaining lien for his compensation. In the case at bar, X is the attorney of the client. There
is also an unsatisfied claim of the attorney’s fees due to him. However, he is not in lawful pos-
session of the certificate of title of the land. Such document is owned separately by H. W has no
right over the certificate title. Thus, having not fully complied with the requisites of retaining
lien, X is not entitled to the same. He must return the title to the true owner, that is, he must re-
turn it to H instead.

b.) The requisites of a valid retaining lien are:

ba. Attorney-client relationship
bb. Lawful possession of the money, documents and effects of the client
bc. Unsatisfied claim of the fee for the service rendered

8.

a.) The complaint for disbarment should not prosper. For an attorney to be guilty of an immoral
conduct that would constitute gross immorality, such act must be so gross and would and consti-
tute a criminal act. There are cases where the Supreme Court did not disbar for the commission
of certain acts. In the case at bar, Beautiful is single for sure as evidenced by the word “Ms”. A
kiss and a hug between a man, Atty Pogi, and a woman, Miss beautiful, is not immoral per se.
They are both have no legal impediments to each other. If Attorney Pogi is a married man, the
case will be different but the conduct must involve carnal knowledge or cohabitation with a con-
cubine.

b.) A counsel de officio is a lawyer appointed by the court for serving an indigent client. As such,
he cannot demand attorney’s fees from the client. He must not refuse his services to the needy by
simple reason for the nonpayment of attorney’s fees. However, he can avail of a token of appre-
ciation subject to the availability of funds and after a tedious process of availing it. Such token is,
however, in a minimal amount. The true compensation of a lawyer is that he had served the pub-
lic especially the needy.

9.

a.) Yes, his defence would prosper the Canon of Professional Responsibility requires the lawyers
to uphold the integrity and dignity of the legal profession. In connection, he must exert due dili-
gence and observe truth, honesty, candour, and fairness towards his colleagues, the court, and the
client. In the case at bar, Atty Totoo should not give an appearance or conduct that would tarnish
the legal profession. His act of raising the defence involving the falsity/ genuineness of a docu-
ment tarnishes the legal profession. A lawyer must, at all times, observe truthfulness and attest
that the documents he has is genuine. He must have exerted effort in determining such genuine-
ness and must not simply believe because the client says so. If he believes that the document is
real after examining extensively, he may present it. It is still then subjected to cross examination.
If the court finds out that it was fabricated, good faith will be immaterial. As a lawyer, he must
exercise the actions required in ascertaining the genuineness of the documents. Having failed to
do so, the attorney is liable for negligence.

b.) A valid changing lien has the following requisites:

ba. Attorney-client relationship
bb. Money judgement rendered in favour of the client
bc. Services have been rendered
bd. Statement of claim is in the record
be. The claim must be monetary

10.

a.) Direct contempt is a violation committed in the presence of the judge and while the case is on
going. In the RTC and higher courts, the imprisonment lasts for ten days and the fine is 2,000
pesos. In lower courts, the imprisonment is for one day and the fine is 200 pesos. It must not ex-
ceed beyond the value of fines and duration of imprisonment. Indirect contempt is a violation
committed outside the court such as the violation or non compliance with a court order. In the
RTC and higher courts, the imprisonment is not more than 6 months and the fine must not exceed
30,000 pesos. As for the lower courts, imprisonment must not be beyond 1 month and the fine
must not exceed 10,000 pesos.

b.) A lawyer can be instituted in the supreme court motu propio and by the IBP after a complaint
has been filed. In disbarment cases, it is automatically referred to the Supreme Court. In the in-
stance of the Supreme Court, the court will choose an investigator from any of the following:
ba. Solicitor General’s office
bb. Justices of the Supreme Court
bc. Judges of lower courts
An issue will be sent to the lawyer concerned and he must reply within 15 days. The investiga-
tion will last for 2 months. After that, the investigator must, within 30 days, submit a report con-
taining the facts and recommendation. The Supreme Court will then render judgment according-
ly. As for the instances of the IBP, an investigation committee is raffled to investigate the case
after issuing notice to the lawyer concerned and he has replied. The investigation committee will
then submit the report within 30 days to the Supreme Court after a few months of investigation
still, the supreme court is made to render judgement so that the outcome will then be notified to
the courts.