Problem Areas in Legal Ethics

Midterms Qs (3J) with Answers

1. Is giving of advice on legal matters through the medium of a social media, vlog, radio,
newspaper column or television program proper? Ex. Usapang De Campanilla with Atty. Claire
Castro, a DZMM program giving free legal consultation.

A: Unethical. He gets some compensation for doing it.

2. Is the prohibition on advertising of legal services absolute?

A: Not absolutely prohibited as long as it complies with the ethical standards of the legal
profession. Ex: Law Journal

3. Can a new law firm publish in a newspaper the fact of its creation?
A:Allowed as long as it’s a creation.

4. Is the sharing and posting of your friend’s law firm as a favor not violative of the prohibition
of advertising?
A: As a favor, it is unethical. If you asked your friend to do it, that is unethical.
If he does it voluntarily, ethical.

5. In case a member of a law firm resigned or left the said firm, can the latter publish such in a
newspaper? 
A: No need to publish it. If they publish it, then he is not connected with the firm anymore,
unethical. In some law firms, most probably they will change its letterhead.

6. Lawyer A was bullied in grade school for his father's infidelity. Traumatized, he promised
himself not to accept cases related to marriage when he becomes a lawyer. Is that a valid reason
to not accept a potential client? 

A: The CASE is the issue here, not the client. See Canon 14.01, CPR, Tablizo vs. Golangco.
It is the case that has to be qualified. The question did not say if it is an Administrative, Civil
or Criminal Case.

Administrative May refuse to accept it

Civil May refuse to accept it
Criminal May NOT refuse to accept it.

*See: Sec. 20, Rule 138 (i)

It pertains to criminal cases only for the defense, not the prosecution.
Also, see Canon 14.03, CPR

7. In the case of statement of UP professor of college of law, teaching law is considered practice
of law. Does college professors in San Beda College engaged in unauthorized practice of law
because some are not lawyers?
A: This is a concern between the CHED and San Beda

8. If suspended or disbarred, may still teach law? 

A: No. It is still practice of law.

9. Do you share the same position as Atty Agpalo that Practice of Law becomes a right once a
lawyer is admitted to the Bar? 
A: Before being admitted to the Bar, it is a privilege. Once you are admitted it becomes both,
privilege and right.
Only SC can remove a lawyer. CA and RTC may suspend subject to Due Process.
*See Sec. 29, Rule 138

10. What will tell the judge if your client is committing perjury in the trial? 

(will discuss in upcoming topics)

11. Retired lawyer and not practicing law, does he need to pay IBP dues?
A: File a petition before IBP that you will retire. It is only then that you will not be required to
pay IBP dues.

12. It is provided in Rule 3.03 of the CPR that “Where a partner accepts public office, he shall
withdraw from the firm and his name shall be dropped from the firm name unless the law allows
him to practice law currently.” –
If the name of said partner has been dropped from the firm name however his name still
continuously appears in the firm’s logo, letterhead in printed documents, among others, would
that constitute a violation of this provision?

A: His name shall be dropped in the logo when he is no longer a part of it. You qualify if
Public Office.

13. May a client dismiss his attorney at any time or substitute in his place even without cause?
A: If counsel de oficio, you don’t have a choice.

14. May a lawyer be  allowed to retire from the practice of law while facing contempt charges
before the Court?
A: No.

15. Is indefinite suspension of the lawyer allowed or is it a cruel punishment?

A: That is not a cruel punishment.

16. If a judge posted a picture of himself or herself in his or her revealing swimwear, is it
ethical?

17. Can a non-lawyer teach obligation and contracts to undergraduates? 

18. Assuming that there is a reasonable suspicion that a judge may be biased in a particular case,
how should a lawyer make these allegations known without being liable for sanctions?
A: See Rule 137, Secs. 1 and 2, reasonable suspicion is not enough.

19. May a lawyer/bar passer be disbarred/suspended/barred to take the lawyer's oath because he
refuse to marry the woman he has a child with?
19.1 What if there are more than 1 that he has a child with?

20. Should a lawyer who unconsciously induce his client to make illegal acts be held
administratively liable?

21. Should a lawyer who went to other country for 5 years without changing his citizenship pay
his IBP dues for the 5 years he was absent in the Philippines?

22. Can a lawyer sue his client for BP 22 because the check paid by his client for his legal advice
was dishonored?

23. I have researched for numerous jurisprudence regarding Permissible Forms of Advertising or
Solicitation, however, I have not found the specific size of the professional calling card. Is there
any specific size? If yes, then what?
A: No specific size. Based on the Bar questions given, you only indicate regular size.

24. You are a lawyer and you want to withdraw and leave your client, but your client does not
allow you, and he even threatens you, what should you do?
(upcoming topics..)

25. Up to how many times may a person take the Bar examinations? (if he failed thrice, then he
took a refresher) Is there a limit?
A: No limit anymore. SC has removed the limit.

26. If the IBP was created on October 5, 1970, then on January 9, 1973, the Supreme Court, by a
per curiam resolution, pursuant to its constitutional mandate, ordained the integration of the Bar
in accordance with its Rule 139-A, effective January 16, 1973, what was the governing body
prior to IBP? Who or what handles the organization of all Philippine lawyers whose names
appear in the Roll of Attorneys of the Supreme Court prior to 1973?
A: Philippine Bar Association before IBP

27. Can a notary public subsequently become the counsel of one of the signatories in the subject
document in a case?

28. Can a lawyer appear before a judge who is a relative, friend, or former office colleague?
A: See Rule 137, relative not a ground for disqualification
29. Is there an ethical compromise requiring that a Motion for New Trial under Rule 37 of the
Revised Rules of Court be based on extrinsic fraud, among others, such that the rule in effect
allows cheating so long as it is limited to intrinsic fraud?
A: Lawyer of aggrieved party should have shown his competency. See Canon 14, CPR.
The relationship between a lawyer and his client is fiduciary.
It does not allow you to cheat. If he cheats, he is subject to disciplinary action.

30. Is it ethical for a lawyer, who is a notary public, to allow another person (his
assistant/secretary) to notarize documents in his behalf?
(notarial law)

31. What should a lawyer do when, in the course of his representation, he discovers that his
client committed fraud against another?
(notarial law)

32. Is it ethical for a law firm or a lawyer to create a social media account and post law related
content or content related to their profession/practice? Ex. (1) Case digest or brief explanation of
law doctrines; (2) Holiday greetings with their logo or name; (3) Content showing their local and
international linkages; (4) Awards received; (5) Any other content that may not be an
advertisement but because of the subject matter of the content or of their social media presence,
may influence a person into availing the services of the lawyer/law firm in the future. 
A: There are big law firms now who create their own website. As long as there is no self-
praise. If they have awards, it is valid, factual.