Sereno, Joseph R.

PALE Midterms 2023

I.

1. Complaint should not be dismissed.

Any person of legal interest has the right to file an administrative action provided, that it is
equipped with clear and convincing interest.
A lawyer is obliged to observe the integrity and dignity of the legal profession.
Hence, a concerned person may file an administrative charge against erring members of
legal profession.

2. The contention made by Atty. R is without merit.

Administrative case is a separate and distinct charge from Criminal Case.
Criminal Case involves a penal law while administrative case involves a disciplinary action
against erring members.

3. No, the contention of Atty. M is without merit.

Even though, disbarment case may prescribe in 2years.
However, it affected already his maintenance of a good character of a member of legal
profession.
Hence, Atty. M violated one of the requirement of becoming one of the members of the bar.

4. No.
The law provides only certain instances which would serve as a ground for disbarment, such
as, deceit, malpractice or gross misconduct, grossly immoral conduct, conviction of a crime
involving moral turpitude, representing as a lawyer of the other client without authority to do
so, violation of lawyers oath and disobedience to orders of court.

5. No, since lawyering is not a business but a service to the country and its people as an officer
of the court, to assist those who are unfortunates of life.

6. False.
The quantum of evidence required in civil cases is preponderance of evidence.
While an administrative case requires only a substantial evidence.

7. No, the actions of Atty. Z is not proper.

Code of professional responsibility provides prohibition of any form of advertisement in order
to solicit prospect clients.

8. Yes.
The Supreme Court ruled that lawyers are not prohibited to use online platform but must
maintain the conduct as the members of the bar may require to maintain the integrity and
nobleness of the legal profession.
In this case, the lawyer may resort to legal action, however, he resort to refute unethical
consideration in which the lawyer’s conduct is not upheld.

9. Yes.
Atty. H violated the code of professional responsibility.
A lawyer must respect the integrity of the decision of the court and obliged not to disclose the
matters tried during the conduct of proceeding.
Hence, the act of posting the judgment of a case done by Atty H is clearly unethical.
10. No.
Jurisprudence provides, that in order to suffice the high moral standards to practice law, he
must not have been convicted of a crime involving moral turpitude and must be able to
establish a character with dignity and integrity.

11. No.
The duty of the lawyer is to defend his clients rights and interest protecting the scope of trust
and confidence, and adhering fidelity towards its clients. A lawyer is an officer of court and
not charged with the decision of the liberation of the guilty person.

12. True.
The fundamental duty of a criminal defense attorney is to defend the rights of the accused,
invoking the presumption of innocence against any allegation that may curtail the right of the
accused person.

13. Yes.
A lawyer is obliged to abide the Constitution.
The Constitution provides that family is the basic foundation of the country.
In this case, Lawyer X abandonment is a violation of the provision of the Constitution, which
is to preserve the sanctity of a family.

14. I will become one of the public servant serving them with legal advocacy and aiding them
with legal concerns which would produce an ethical concept of the legal practice.
Being a public servant is a famous mode of expressing to the public the knowledge and skill
of a lawyer to help them redeem the trust and confidence which they will impart to the legal
profession.

15. The Academic requirement prescribed by the Continuing legal Education and the continuing
good moral character as a legal precedent of maintaining as a member of the bar.

16. No.
Good faith and honest intention are not among the exception provided by the rule of conflict
of interest.
The only exception is that when the parties concerned give consent to the counsel.

17. The issue of confidentiality.

A lawyer is obliged to safekeep to confidential information disclose by the client as it is
covered under Attorney-client relationship.
A lawyer owes trust and confidence to its client and therefore have the obligation to secure it.

18. No, Atty. E cannot accept the case.

It involves a conflict of interest between his former client M and the convicted XYZ.
Even though the interest made by the Mother of XYZ was to modify the facts that it was not
stabbed in the heart but only in the abdomen, it could result into a conflicting interest that
may arise an issue as to who executes a fatal blow to the heart.
Hence, Atty. E must not accept the case because the legal concern seek is a conflicting
interest to its former client M.

19. Atty. Z’s motion is without merit.

It is the duty of the Integrated Bar to conduct investigations for those delinquent members.
To maintain the integrity of the legal profession and the dignity of its public image.
 Even though, the administrative case had been withdrawn when there is a substantial
evidence disclosed, the action will proceed as it is for the maintenance of the nobleness
against erring members.
Thus, the contention made by Atty Z is inapplicable in this case.

20. The duty to society.

Since lawyering is a public service and not a business.
Hence, society must prevail over the other folds.