Вы находитесь на странице: 1из 37

CANON 14 1.

Due to faulty brakes, the car driven by A rammed into a calesa, resulting in the death of B who was inside the calesa and the complete destruction of the calesa. A surrendered to the police after the incident. Two cases were filed against A: a.) criminal case for homicide through reckless imprudence; and b.) a civil case to recover the amounts of P12,000.00 for the death of B and P1,000.00 representing the value of the calesa. A seeks your profession services. After going over the records and the available evidence, you are convinced that he is guilty of the crime charged in the criminal case although you also found that he is entitled to the mitigating circumstances of voluntary surrender. Likewise, you are convinced that the amount sought is very reasonable and A has no defense to resist the action. Would you agree to handle for A both (a) the criminal case and (b) the civil case? Reasons. It is the right of a lawyer to undertake the defense of a person accused of a crime regardless of his personal opinion as to the guilt of the accused. Otherwise, innocent persons, who are victims only of suspicious circumstances, might be denied proper defense. Having undertaken such defense, the lawyer is bound by honorable means to present every defense that the law permits to the end that no person may be deprived of life or liberty, but by due process of the law. The lawyer, however, should not undertake the civil case. The lawyer must decline to conduct a civil case to make a defense when he is convinced that the same is intended merely to harass the opposite party. His appearance in court should be deemed equivalent to an assertion on his honor that in his opinion, his clients case is one proper for judicial administration. Furthermore, under the oath of the lawyer, he is bound not to promote or use any groundless suit. 2. Defense counsel is defending an accused whom he knows to be guilty of the crime charged. How does such knowledge operate ethically to restrict the scope of the defenses that defense counsel may invoke in behalf of the accused? A defense counsel is bound to defend the accused even if he knows him to be guilty. Because of this, however, the attorney is bound only to use only legal and honorable means to protect the rights of the accused, for example, in mitigating his penalty or informing him of his rights. 3. Cristine was appointed counsel de oficio for Zuma, who was accused of raping his own daughter. Zuma pleaded not guilty but thereafter privately admitted to Cristine that he did commit the crime charged. a. In light of Zumas admission, what should Cristine do? Explain. b. Can Cristine disclose the admission of Zuma to the court? Why or Why not? c. Can Cristine withdraw as counsel of Zuma should he insist in going to trial? Explain. a. Cristine should not reveal the said admission to other people because such is covered by the attorney-client privileged as stated in Canon 21 A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relation is terminated. b. Cristine cannot disclose the admission of Zuma in court. (same basis in question no. 1, if it does not fall within the exceptions provided in Rule 21.01 then the disclosure of such information is strictly prohibited). c. Cristine cannot withdraw as counsel of Zuma. Canon 22 and Rule 22.01 of the CPR provide for the proper procedure for withdrawal as well as the following cases wherein a lawyer can withdraw as counsel. The admission of guilt is not mentioned on the circumstances that would warrant the withdrawal

of a lawyer to withdraw from the case. Once a lawyer services was engaged, as provided in Canon 17 - a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Any admissions or conducts other than those provided in Rule 22.01 would not allow such to withdraw from his services. 4. Would a lawyer be justified in representing an accused who confessed his guilt to him or whose guilt the evidence in the lawyers possession establishes conclusively? Explain your answer. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person... A lawyer cannot decline to represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges filed against him. (Please refer to the first paragraph of the answer in Question no. 1) 5. A person accused of a criminal offense has asked you to handle his defense. After going over his version of the incident together with the available evidence, you strongly believe that he is guilty as charged. Should you agree to defend him? Yes. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person... A lawyer cannot decline to represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges filed against him. (Please refer to the first paragraph of the answer in Question no. 1) 6. Atty. DDs services were engaged by Mr. BB as defense counsel in a lawsuit. In the course of the proceedings, Atty. DD discovered that Mr. BB was an agnostic and homosexual. By reason thereof, Atty. DD filed a motion to withdraw as counsel without Mr. BBs express consent. Is Atty. DDs motion legally tenable? Reason briefly. Atty. DDs motion is not legally tenable. As provided in Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person... The fact that Mr. BB was agnostic and homosexual does not permit the withdrawal of Atty. DD from his services, Code of Professional Responsibility specifically Rule 22.01 provides circumstances when a lawyer may withdraw his services and being agnostic and homosexual is not included on the said list. 7. What is a lawyers duty if he finds that he cannot honestly put up a valid or meritorious defense but his client insists that he litigate? Explain. The lawyer may withdraw from his services from the client. As provided in the Code of Professional Responsibility specifically Canon 12 and Rule 12.01. Canon 12 - a lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 12.01 - a lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preferences. He should also be ready with the original documents for comparison with the copies.

Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. These are the mandates for all the lawyers, so if the client will insist that the lawyer will litigate without adequate preparation such would violate the provisions of CPR and can also be a ground for withdrawal of services as provided in Rule 22.01: Rule 22.01 -A lawyer may withdraw his services in any of the following cases: a. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b. When the client insists that the lawyer pursue conduct violative of these canons and rules; c. When his inability to work with co-counsel will not promote the best interest of the client; d. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; f. When the lawyer is elected or appointed to public office; and g. Other similar cases. (NOTE: Based on my opinion only, di ko Makita dun sa book eh, or nahilo lng ako kakahanap..haha..) 8. M was criminally charged with violation of a special law. He tried to engage the services of Atty. N. Atty. N believed, however, that M is guilty on account of which he declined. Would it be ethical for Atty. N to decline? Explain. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person... A lawyer cannot decline to represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges filed against him. It is for the judge, not the lawyer, to decide the guilt of the accused, which is presumed to be innocent until his guilt is proved beyond reasonable doubt by procedure recognized by the law 9. M was appointed by the Court of Appeals as counsel de officio in a homicide. After reading the record M became convinced that both the findings of fact and the conclusions of the law in the appealed judgment are correct. Can he be excused from writing a brief for the appellant? Reasons. NO, M cannot be excused from writing a brief for the appellant. The purpose of appointing him as counsel de oficio is to protect the interest for his client. Therefore, even if he thinks that the conclusion of the court is correct, he still needs to do his duty as counsel. Canon 17 - a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Canon 18 - a lawyer shall serve his client with competence and diligence. 10. When may a court of justice permit the appearance of a lawyer as amicus curiae? Rule 138, Section 36 of the Rules of Court defined Amicus Curiae as experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the disposition of issues

submitted to it. Amicus curiae brief are commonly filed in appeals concerning matters of a broad public interest. Such maybe filed by private persons and the government. 11. An attorney de oficio, who was cited to explain why no disciplinary action should be taken against him for failure to file an appellants brief, the sentence imposed being that of death, alleged that his duty to prepare and submit such brief ceased when the accused escaped, the legal consequences being the dismissal of the appeal. How would you rule on his defense? Why? The defense of the lawyer is untenable. As provided in the CPR, specifically, Canon 17 - a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Canon 18 - a lawyer shall serve his client with competence and diligence. The mere fact the accused escaped does not warrant a lawyer to neglect his duty to protect the interest of his client and it also does not extinguish the attorney-client relationship between the accused and the lawyer. Therefore, the lawyer should still comply with his duty as counsel to the accused. 12. a. What is a counsel de oficio? b. What is a counsel de parte? c. May a practicing lawyer refuse an appointment by a court as counsel de oficio? Explain

briefly. d. May a municipal judge appoint a practicing lawyer as counsel de oficio of a person accused before the municipal court? Explain briefly. a. Lawyer appointed by the court to represent the client. b. Lawyer of the partys own choice. c. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. d. YES, A counsel de oficio is a counsel, appointed or assigned by the court, from among members of the bar in good standing who, by reason of their experience and ability, may adequately defend the accused. The Rule does not distinguish what courts should appoint a counsel de oficio. Therefore, even MTC judges can appoint a counsel de oficio. 13. a. What is an amicus curiae? b. When can lawyers appear in court as amicus curiae? c. Can lawyers who appear in court as amici curiae claim compensation for their services? Explain. a. Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. b. Lawyers can appear as amicus curiae when invited by the Court to act as such in cases involving broad public interest, or, in some instances, by volunteering to become such through proper motion and with leave of court.

c. No. Amici curiae are called upon to give their opinion and share their well-entrenched expertise regarding a present issue. The same is the duty of every lawyer who may be called to serve as such. If a claim for compensation would be allowed, the same would convert the said honor and privilege to a business where lawyers would volunteer to become amici curiae for the purpose of claiming compensation afterwards. 14. Primo, Segundo and Tercero are co-accused in an information charging them with the crime of homicide. They are respectively represented by Attys. Juan Dos and Pablo Tres. During the pretrial conference, Attys Uno and Dos manifested to the court that the clients are invoking alibi as their defense. Atty. Tres made it known that accused Tercero denies involvement and would testify that Primo and Segundo actually perpetrated the commission of the offense charged in the information. In one hearing during the presentation of the prosecutions evidence in chief, Atty. Uno failed to appear in court. When queried by the Judge if accused Primo is willing to proceed with the hearing despite his counsels absence. Primo gave his consent provided Attys. Dos and Tres would be designated as his joint counsel de oficio for that particular hearing. Thereupon, the court directed Attys. Dos and Tres to act as counsel de oficio of accused Primo only for purposes of the scheduled hearing. Atty. Dos accepted his designation, but Atty. Tres refused. a. Is there any impediment to Atty. Dos acting as counsel de oficio for accused Primo? Reasons. b. May Atty. Tres legally refuse his designation as counsel de oficio of accused Primo? Reason. a. There is no impediment to Atty. Dos acting as counsel de oficio for accused Primo. There is no conflict of interest involved between Primo and his client Segundo, considering that both are invoking alibi as their defense. b. Atty. Tres may legally refuse his designation as counsel de oficio for accused Primo. Since the defense of his client Tercero is that Primo and Segundo actually perpetrated the commission of the offense, for which they are all charged, there is a conflict of interest between Tercero and Primo. There is a conflicting interest if there is inconsistency in the interests of two or more opposing parties. The test is whether or not in behalf of one client, it is always the lawyers duty to fight for an issue or claim but it is his duty to oppose it to other client. 15. a. May a lawyer decline a request for free legal aid to an indigent accused made by a chapter of the Integrated Bar of the Philippines? Explain. b. Will your answer be different if the legal aid is requested in a civil case? a. A lawyer may not decline a request for free legal aid to an indigent client made by the IBP. As provided in the Code of Professional Responsibility, Canon 14 - a lawyer shall not refuse his services to the needy and Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. He may therefore decline such appointment for serious and sufficient cause, for example in case that a conflict of interest may arise with another client. b. My answer will not be exactly the same, because in a civil case, the lawyer can also decline if he believes the action or defense to be unmeritorious. He is ethically bound to maintain only actions and proceedings which appear to him to be just and only such defenses which he believes to be honestly debatable under the law.

16. When may refusal of a counsel to act as counsel de oficio be justified on grounds aside from reasons of health, extensive travel abroad, or similar reasons of urgency? Support your answer. Other justified grounds for refusal to act as a cousel de oficio are: a. too many de oficio cases assigned to the lawyer (People vs. Daeng, 49 SCRA 222); b. conflict of interest (Rule 14.03, CPR); c. lawyer is not in a position to carry out the work effectively or competently (supra); d. lawyer is prohibited from practicing law by reason of his public office which prohibits appearances in court; and e. lawyer is preoccupied with too many cases which will spell prejudice to the new clients. 17. X was indicted for murder. As he had no counsel on arraignment, the trial court appointed Atty. A as his counsel de officio. When Atty. A asked X what was his stand, X said he was guilty. X thereupon pleaded guilty. Trial was thereafter conducted. When the turn of the defense to present evidence came, Atty. A manifested that he was not presenting any and that he was submitting the case for decision, praying that Xs plea be considered mitigating. Did Atty. As assistance or conduct approximate the competence and diligence which the CPR expected of him? Explain. No, it is the duty of the defense counsel when his client desires to enter a plea of guilty to fully acquaint himself with the facts and surrounding circumstances of the case, advise his client of his constitutional rights and the full import of the plea of guilty, see to it that the prescribed procedure is observed, present evidence including possible mitigating circumstances, so that the precise degree of his clients culpability is established and the appropriate penalty is imposed, and thus leave no room for doubt, that there was a mistake or misunderstanding as to the nature of the charges to which his client has pleaded guilty. Atty. A has fallen short of this required conduct. 18. When Dennis was arraigned in a case for homicide, he was asked by the Judge if he had a lawyer to which he answered in the negative. The court then appointed Atty. Go as his counsel de officio despite his insistence on the appointment of Atty. Salvador Laurel, the former Vice President, as his counsel. After conviction, he appealed claiming that he was denied his constitutional right to counsel. Is Dennis correct? No, he is not denied of his constitutional right to counsel. The right of the accused does not entitle him to select his own lawyer. The constitutional right is satisfied by the designation of counsel de officio by the court as long as the lawyer is the member of the bar. 19. Why is legal aid to those unable to pay for legal services a matter of public duty and not a matter of charity? Legal aid to the destitute litigants is more of a public duty and not a charity because it is the sworn duty of a lawyer to render services free of charge when the situation demands it. The lawyer like a public officer assumes office with privileges and obligations in rendering of services free of charge to poor litigants. Moreover, the law profession is clothed with public interest. For that matter a superior court can assign an attorney to render professional service free to any party who has no means to employ the services of counsel in order to protect his rights and to secure the ends of justice. 20. State the rationale for the mandated establishment and operation of legal aid offices in all chapters of the Integrated Bar of the Philippines.

The mandated establishment and operation of legal aid offices in all chapters in the IBP is rationalized by the lawyers social and public responsibility to provide free legal services to destitute litigants who cannot hire private lawyer to assist them. Free legal aid is not a matter of charity but a matter of public responsibility. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason, it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. 21. You are the counsel for the plaintiff in a civil case and have been appearing at the trial of the case for a number of weeks. Your client has not been paying you despite repeated promise. He is not an indigent. a. May you be justified in deferring the prosecution of your clients case on the ground t hat you did not undertake to handle the case for free? b. How may you ethically go about it if you no longer desire to continue as counsel? c. Under what circumstances may you be compelled to continue a counsel, even assuming there are other lawyers available? a. A lawyer will not be justified in deferring the prosecution of the clients case merely on the ground that he did not undertake the case for free. The lawyer under his oath is bound not to delay any mans cause for money or malice. Moreover, the mission of an attorney is to see that justice is achieved. While the compensation for his services is only secondary, the lawyer is entitled to attorneys fees for services rendered. b. File a motion to withdraw based on the proper procedure and grounds provided in Canon 22 which states that, a lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances and Rule 22.01 which states that a lawyer may withdraw his services in any of the following cases: i. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling, ii. When the client insists that the lawyer pursues conduct violative of these canons and rules; iii. When his inability to work with co-counsel will not promote the best interest of the client; iv. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; v. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; vi. When the lawyer is elected or appointed to public office; and vii. Other similar cases. Since the client failed to pay the fees for the services rendered despite repeated promise, it entitles the lawyer to withdraw from his services. c. The lawyer is however compelled to continue as counsel even assuming that there are counsels available if the client is indigent or where the lawyer has been appointed by the court as counsel de officio or his withdrawal might jeopardize the case. CANON 15 1. C engages the services of Attorney D concerning various mortgage contracts entered into by her husband from whom she is separated, fearful that her real estate properties will be foreclosed and of impending suits for sums of money against her. Attorney D advised C to give him her land titles

covering her lots so he could sell them to enable her to pay her creditors. He then persuaded her to execute deeds of sale in his favour without any monetary or valuable consideration, to which C agreed on condition that he would sell the lots and from the proceeds pay her creditors. Later on, C came to know that Attorney D did not sell her lots but instead paid her creditors with his own funds and had her land titles registered in his name. Did Attorney D violate the Code of Professional Responsibility? Explain. Under the same set of facts in the case of Hernandez vs. Go, the Supreme Court held the lawyer to have violated the Code of Professional Responsibility specifically Canons 15, 16 and 17. Canon 15 - A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. Canon 16 A lawyer shall hold in trust all moneys and properties of his client that may come into his profession. Canon 17 - A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Furthermore, it was held that the lawyer concerned has engaged in deceitful, dishonest, unlawful and grossly immoral acts, which might lessen the trust and confidence reposed by the public in the fidelity, honesty, and integrity of the legal profession. Consequently, the Court disbarred him. 2. a. In anticipation of a close friends approval, even gratefulness, a lawyer enters his appearance in a case as counsel for such friend, without the latters previous consent. Is the act of the lawyer ethical? Reasons for your answer. b. What do you understand by an integrated bar? Would an integrated bar in the Philippines improve the ethical standards of the law profession? Discuss briefly. a. The act of the lawyer is unethical. Friendship and lawyer-client relationship is beyond different from each other. In the given situation, there was no lawyer-client relationship to speak of. It must be remembered that this kind of relationship is highly confidential and consensual; hence, to anticipate and to enter his appearance as lawyer for his close friend without even the latters consent is unethical. b. (based on your understanding po pero here are some points to base your answer po) An Integrated Bar is a State-organized Bar, to which every lawyer must belong, as distinguished from bar association organized by individual lawyers themselves, membership in which is voluntary. Integration of the Bar is essentially a process by which every member of the Bar is afforded an opportunity to do his shares in carrying out the objectives of the Bar as well as obliged to bear his portion of its responsibilities. Organized by or under the direction of the State, an Integrated Bar is an official national body of which all lawyers are required to be members. 3. X, a practicing lawyer, appeared in court in behalf of a party litigant. His appearance was without authority from the party for whom he entered his appearance. Did he commit any crime? Give your reasons. ????? 4. To what extent can a lawyer bind his client? Explain.

The client is bound by his lawyers procedural handling of the case, even when his lawyer is negligent or makes mistakes, the exception is when the mistake of his lawyer proceeds from an incompetency so great as to have prevented the client from making a fair presentation of his case. 5. In 1998, Acaramba, a telecommunications company, signed a retainer agreement with Bianca & Sophia Law Office (B & S) for the latters legal services for a fee of P2,000 a month. From 1998 to 2001, the only service actually performed by B & S for Acaramba was the review of a lease agreement and representation of Acaramba as a complainant in a bouncing checks case. Acaramba stopped paying retainer fees in 2002 and terminated its retainer agreement with B & S in 2005. In 2007, Temavous, another telecommunications company, requested B & S to act as its counsel in the following transactions: (a) the acquisition of Acaramba; and (b) the acquisition of Super-6, a company engaged in the power business. In which transactions, if any, can Bianca & Sophia Law Office represent Temavous? Explain fully. Bianca & Sophia Law Office can represent Temavous only in transaction (b); but, as to transaction (a) there will be conflict of interest. It may seem at first that there is no conflict of interest; however, it must be remembered that there is conflict of interest if the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also where he will be called upon in his new relation to use against his first client any knowledge acquired through their connection. Hence, there could be a possible conflict of interest between the two companies-clients of B&S. 6. Atty. Marie consulted Atty. Hernandez whether she can successfully prosecute her case for declaration of nullity of marriage she intends to file against her husband. Atty. Hernandez advised her in writing that the case will not prosper for the reasons stated therein. Atty. Marie, however, decided to file the case and engaged the services of another lawyer, Atty. Pe. Her husband, Noel, having learned about the opinion of Atty. Hernandez, hired him as his lawyer. Is Atty. Hernandez's acquiescence to be Noel's counsel ethical? No. Atty. Hernandezs acquiescence to be Noels counsel will not be ethical. It will constitute a conflict of interests. When Atty. Marie consulted Atty. Hernandez for advice on whether she can successfully prosecute her case for declaration of nullity of her marriage to Noel, and he advised her that it will not prosper, a lawyer-client relationship was created between them, although his advice was unfavourable to her. From that moment, Atty. Hernandez is barred from accepting employment from the adverse party concerning the same matter about which she had consulted him. 7. The existence of an attorney-client relationship precludes the lawyer from accepting professional employment from the clients adversary, either in the same case or in a different but related action, and the prohibition lies irrespective whether or not a lawyer acquired professional information from his client. Discuss the foundation of, and the philosophy behind, the aforesaid rule. This question involves the prohibition of a lawyer appearing for conflicting interest. A lawyer may not, without being guilty of professional misconduct, act as counsel for a person whose interest conflicts with that of his present or former client; nor may he accept employment from a party in the performance of which he may be forced to act in a double capacity or suspected of divided loyalty. The stern rule against representation of conflicting interest is founded on principles of public policy and good taste. It springs from the attorneys duty to represent his client with undivided fidelity and to maintain inviolate the clients confidence as well as from the injunction forbidding the examination of an attorney as to any of the privileged communications of his client.

The reason for the prohibition is found in the relation of attorney and client, which is one of trust and confidence of the highest degree. A lawyer becomes familiar with all the facts connected with his clients case. He learns from his client the weak points of the action as well as the strong ones. Such knowledge must be considered sacred and guarded with care. No opportunity must be given him to take advantage of the clients secrets. A lawyer must have the fullest confidence of his client. For if the confidence is abused, the profession will suffer by the loss thereof. 8. Lawyer A rendered professional services for B in a case until final judgment. Later on, B prosecuted other cases against different persons. In the new cases, B did not retain A who was not even consulted. The defendants and the subject matter of the new case are different from the case previously handled by A. The defendant in one of the new cases of B retained A who filed his appearance in said case. Did A violate legal ethics by appearing as an attorney for one of the defendants in the new cases of B. Reason out your answer. Yes. This is in violation of the rule on representing conflicting interests. Though this involves unrelated matter, the loyalty of a lawyer extends even after the termination of the lawyer-client relationship. It is not a good practice to permit him afterwards to defend in another case other person against his former client. 9. X, a practicing lawyer, was approached by Y for legal advice. He took down the facts of the case as narrated by Y, who however did not divulge the name of the other party in the case, promising to do so later. Upon her request, a written opinion was prepared by X on her possible cause of action, and this opinion was sent to her together with Xs bill for rendering the opinion. Y did not pay the bill without stating any reason. Shortly thereafter, X was asked by his uncle (his fathers brother) to appear for him in a court case and upon reading the complaint, X discovered that his uncle was the other party in the case on which Y had earlier consulted him. X entered his appearance in court for his uncle, and the counsel for Y promptly moved to disqualify him, on the ground that, on the very subject matter of the action, X had been engaged as counsel for Y. If you were the judge, would you disqualify X from appearing for his uncle? Discuss your answer briefly. Yes, because first: there was a lawyer-client relationship between X and Y. Second, lawyer X holds confidential information gotten from the consultation made by Y; hence, there will be conflict of interests. 10. Atty. Japzon, a former partner of XXX law firm, is representing Kapuso Corporation in a civil case against Kapamilya Corporation whose legal counsel is XXX law firm. Atty. Japzon claims that she never handled the case of Kapamilya Corporation when she was still with XXX law firm. Is there a conflict of interest? Explain. There is conflict of interest when a lawyer represents inconsistent interests. This rule covers not only cases in which confidential communications have been confided, but also those in which no confidence has been bestowed or will be used. Also, there is conflict of interest if the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also where he will be called upon in his new relation to use against his first client any knowledge acquired through their connection. Since Atty. Japzon was a partner of the XXX law firm which has Kapamilya Corporation as its client, she cannot handle a case against it as such will involve conflict of interest. The employment of a law firm is equivalent to the retainer of the members thereof. It does not matter if Atty. Japzon never handles a case of the Kapamilya Corporation when she was still with the XXX law firm.

10

11. You are the counsel for the estate of a deceased person. Your wife is a practicing Certified Public Accountant. She was asked by her client to prepare and submit an itemized claim against the estate you are representing. She asks for your advice on the legal propriety of her clients claim. What advice would you give her? Explain. I would advise her that it will be improper for her to handle her clients claim against the estate. As a counsel for the estate, it is my duty to preserve the estate. Her clients claim seeks to reduce the said estate. If she will handle such claim, I can be suspected of representing conflicting interests. The interests of said estate and of its creditors are adverse to each other. Even if she is a different person, the fact that she is my wife will still give rise to the impression that we are acting as one. 12. Six months ago, Atty. Z was consulted by A about a four-door apartment in Manila left by her deceased parents. A complained that her two siblings, B and C, who were occupying two units of the apartment, were collecting rentals from the other two units and and refusing to give to her any part thereof. Atty. Z advised A to first seek the intervention of her relatives and told her that, if this failed, he would take legal action as A asked him to do. Today, September 22, 2002, B asks Atty. Z to defend him in a suit brought by A against him (B) and C through another counsel. a. Should Atty. Z accept the case? Why? b. Should Atty. Z tell B that A consulted him earlier about the same case? Why? a. Atty. Z should not accept the case. When A consulted him about her complaint against B and C, a lawyer-client relationship was created between A and Atty. Z. Thus, the latter cannot subsequently represent B against A in a matter he was consulted about. This constitutes conflict of interest. It does not matter if Atty. Z is not handling the case for A. b. Rule 21.07 provides: A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest. In this case, he has to reveal to B that he had been consulted by A on the case that B is offering to retain his services, in order to avoid a possible conflict of interest. 13. Atty. As former Client B is deceased. A new Client C purposes to engage the legal services of Atty. A against the heirs of deceased Client B. Has Atty. A absolute right to accept the engagement since Client B is no longer his client? Decide. The right of Atty. A to accept the engagement of Client C is qualified by his obligations to avoid conflict of interest arising from his relation to the deceased client B. Atty. A has received information and confidences from Client B which Atty. A is prohibited from utilizing against the heirs of the deceased client. The obligation to hold in confidence communications and information received from Client B is not terminated by the death of the client. 14. In a contentious transaction of sale and purchase involving real property between X (seller) and Y (purchaser), whose interests were diametrically opposed to each other, Atty. Z with the knowledge and consent of X and Y, acted as attorney for both parties. Did Atty. Z commit malpractice? Explain. Rule 15.03 provides: A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. In this case, although Atty. Z acted as lawyer for both X and Y with the knowledge and consent of both, such consent was not made in writing. Atty. Z may be held liable for malpractice.

11

15. Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas Bank as its bank attorney and notary public in three of its branches in Manila. While thus employed, Maria del Rio, who was unaware of Atty. Cruzs employment in the bank, engaged Atty. Cruzs services as a lawyer in a case that was filed by Pilipinas Bank for collection of sum of money involving one of its branches in Quezon City which Atty. Cruz accepted. The Quezon City RTC, after due proceeding and hearing, rendered judgment in favour of Pilipinas Bank and against Maria del Rio who wanted to appeal the adverse judgment. But upon advice of Atty. Cruz, the adverse judgment was not appealed. Thereafter, Maria del Rio learned Atty. Cruz was employed by Pilipinas Bank as one of its attorneys. She now consults with you and asks you to take legal steps against Atty. Cruz for his apparent misconduct. What do you think of what Atty. Cruz did? Is there a valid and legal basis to discipline him? In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed against her, Atty. Cruz violated the rule against representing conflicting interests. Rule 15.03 provides: A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. It is improper for a lawyer to appear as counsel for a person whose interest conflicts with that of his present or former client, even in an unrelated case. It does not matter that the Pilipinas Bank branch in Quezon City is not one of the branches he services in Manila. The bank itself is his client. 16. Explain your understanding of Conflict of Interest under the Code of Professional Responsibility. A lawyer is prohibited from representing conflicting interests. There is conflict of interests within the context of the rule when, on behalf of one client, it is the lawyers duty to contend for that which his duty to another client requires him to oppose. Another test is whether the acceptance of a new lawyerclient relation will prevent a lawyer from discharging fully his duty of undivided fidelity and loyalty to another client or invite suspicion of unfaithfulness or double-dealing in the performance thereof. It is improper for a lawyer to appear as counsel for a person whose interest conflicts with that of his present or former client, even in an unrelated case. 17. Mrs. F, a young matron, was referred to you for legal advice by your good friend in connection with the matrons jewelry business. She related to you the facts regarding a sale on consignment of pieces of jewelry to someone she did not name or identify. Since she was referred to you by a close friend, you did not bill her for the consultation. Neither did she offer to compensate you. Six months later, Mrs. G, the wife of general manager of a client company of your law firm, asked you to defend her in a criminal case for estafa filed by Mrs. F. Would you agree to handle her case? First, I will inquire if the case for estafa filed by Mrs. F against the wife of the general manager, is the same matter concerning which Mrs. F consulted me six months before. If it is the same matter, I will not be able to handle the case for the general managers wife, because of a conflict of interest. When Mrs. F consulted me and I gave her professional advice, a lawyer-client relationship was created between us, regardless of the fact that I was not compensated for it. It would involve a conflict of interest if I will handle the case for the opposite party. (Hilado vs. David) 18. You are the lawyer of Mr. H, the plaintiff, in a civil case for rescission of contract. The prospects for an amicable settlement look bright. Impressed by your ability, Mr. I, the defendant, would like very much to retain you as his defense counsel in a criminal case for homicide through reckless imprudence. Mr. I wants you to forthwith enter your appearance, the arraignment already having been scheduled. Would you accept the offer?

12

It depends. If the criminal case for homicide through reckless imprudence is against Mr. H, I cannot accept the same for that will involve a conflict of interest, although it is unrelated case. But if it will not involve Mr. H, I can accept the same. However, to avoid suspicion and misunderstanding, it would be better if I inform Mr. H about the offer and secure his conformity to my handling the same. 19. What steps should first be done by the attorney before he can endorse or object to his clients intention to plead guilty? State your reason. It is the duty of defense counsel to: a. study thoroughly the records and surrounding circumstances of the case and determine if there are valid defenses he can use; in addition, if the case is punishable by capital penalty, keep in mind that the court will still conduct a searching inquiry; b. confer with the accused and obtain from him his account of what had happened; c. advise him of his constitutional and statutory rights, including advisability of entering into plea bargaining; d. thoroughly explain to him the impact of a guilty plea and the inevitable conviction that will follow; e. if the client still insists in pleading guilty, see to it that the prescribed procedure necessary to the administration of justice is strictly followed and disclosed in the court records. CANON 16 1. Under what circumstances may a lawyer be civilly liable to his client? A lawyer may be held civilly liable to his client, when he failed to return the money and properties entrusted to him upon demand of the client without any justifiable cause for retaining the same. A lawyers failure to return upon demand or when they falls due the funds held by him on behalf of his client gives rise to the presumption that he has appropriated the same for his own use in violation of the trust reposed to him by his client. 2. A client delivered to his lawyer, the sum of P1,000 for the payment of the fo rmers taxes. Instead of paying said taxes as directed, the lawyer retained the amount for unpaid services rendered to the client in previous case. Was it lawful for the lawyer to retain his clients money? Reason out your answer. No it was unlawful. The retaining lien is a right of an attorney to retain possession of his clients money, documents, papers or other property, which come into his hands professionally, for the purpose of securing the payment of his fees. The exercise of the right must be under circumstances consistent with the enforcement of a lien for professional service. Where, as in the instant case, the right asserted with respect to the money entrusted for the payment of taxes, the lawyer is in the position of a trustee and not that of a lawyer rendering professional service. Accordingly, his act in retaining the money was unlawful. 3. Lawyer A collected P50,000 for his client. He turned over to his client only P45,000, retaining P5,000 as agreed attorneys fees. a. May he be disbarred for breach of trust in failing to turn over the entire amount to his client? Reason. b. Suppose he was acquitted of estafa filed against him, can disbarment proceedings thereafter be validly instituted against him without placing him in double jeopardy? Reasons. a. Yes Lawyer A may be disbarred. If client agrees with lawyer as to the amount of attorneys fees and as to the application of the clients fund to pay his lawful fees and disbursement, a lawyer may

13

deduct what is due him and remit the balance to his client. If no such agreement or consent or if there is dispute or disagreement as to the fees, he should return everything to client without prejudice to his filing a case to recover his unsatisfied fees. In the instant case there is only an agreement as to the lawful fees but not as to the deduction of the same in the award or collection. b. Yes it can be validly instituted. The court has already held in several jurisprudence that double jeopardy does not lie in administrative case. In the present case the dismissal of the prior criminal action will not constitute a bar to the subsequent administrative case since double jeopardy finds no application in administrative case. 4. Upon his lawyers advice to amicably settle a case against him, the defendant gave P1,000 in cash to his lawyer for delivery to the plaintiff. Finding the plaintiff to be out of the country at the time, the lawyer deposited the P1,000 in his own account in the bank to await the plaintiffs return. However, upon his return, the plaintiff had changed his mind about amicably settling the case and did not accept the P1,000 from the defendants lawyer. The defendant upon learning this, asked the lawyer to return him the P1,000, which the latter could no longer do because in the meanwhile he had already appropriated the money for his own use. However, since he was then handling some other legal matter for the defendant on which he had not yet billed him, the lawyer promptly sent him a bill for P1,500 for services rendered in this other matter stated therein that he had already set-off the P1,000 entrusted to him in the first case thereby leaving P500 balance until payable to him. a. Under the foregoing circumstances, has there been any violation of the rules and canons of professional ethics? b. Is there any action or proceedings that can legally be instituted against the lawyer in such a case? a. Yes the lawyer clearly violated Canon 16 and its rules. The lawyer shall always account for the money or properties that are entrusted to him. The lawyer shall keep the clients money apart from his own and those of others kept by him. The lawyer must also return the money and property of the client when they fall due or upon demand. In the given case the lawyer clearly violated the above mentioned rules for commingling his own funds with funds of his client and his failure to return the money entrusted to him upon demand of the client. If the money entrusted to him was not used for its purpose, it should be returned immediately to the client which the lawyer failed to do so. b. A disbarment case may legally be instituted against the lawyer. The lawyer violated the canons and rules under the CPR and the trust reposed in him by the client. CANON 17 1. Provincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente in a case for collection of taxes. He explained that he cannot handle the case with sincerity and industry because he does not believe in the position taken by the municipality. Can Prosecutor Bonifacio be sanctioned administratively? Yes. The primary task of a lawyer, as an advocate, is to represent a party litigant in court either as counsel for plaintiff or for defendant or as a public prosecutor or as a defense counsel. A lawyer has the right to decline employment, but it is subject to the limitations in Canon 14, because it serves as a general rule. A public prosecutor like Prosecutor Bonifacio is the exception because a public prosecutor cannot choose cases to prosecute.

14

2. As counsel for the estate of a deceased person, B initiated proceedings for the sale at public auction of certain properties belonging to the estate. One residential lot was purchased by his wife, another lot by his son, and the remainder by his sister. What statutory provision or canon of legal ethics finds application in this case? Explain. Article 1491(5) of the New Civil Code applies in the instant case, the elements of which are: (a) there must be an attorney-client relationship; (b) the property or interest of the client must be in litigation; (c) the attorney takes part as counsel in the case; and (d) the attorney, by himself or through another, purchases such property or interest during the pendency of the litigation. In the instant case, several portions of the lot were purchased by close relatives of Atty. B during the pendency of litigation. Hence, the said provision applies. He also violated Canons 16 and 17 of the Code of Professional Responsibility. 3. Discuss briefly the duty of a lawyer in the defense of a client accused of a crime. The duties of a defense lawyer are set forth in the Code of Professional Responsibility. Confidentiality is the primary ethical obligation of a defense lawyer. An attorney cannot reveal any piece of data or information that might have a tendency to expose the confidences of a client. Zealous representation is also one of the most significant obligation of a defense counsel. A lawyer has a professional and ethical obligation to use all legal means available to protect the rights and advance the interests of his client. A defense lawyer shall also avoid any conflict of interest. 4. You are the lawyer of the guardian of a minor in guardianship proceedings. You are able to secure an order from the court authorizing the guardian to sell the wards property in order to use the proceeds for the support of the minor ward. The guardian canvassed for the best price offered for the property. You offered a higher price than the highest offer and therefore the said property was sold to you. May disbarment proceedings be successfully prosecuted against you? Why? Yes. The act of purchasing the wards property constitutes a violation of Article 1491(5) of the New Civil Code. 5. Attorney G filed an ejectment complaint against defendants for failure to pay the plaintiff six months rent. K filed an answer as lawyer for defendants. The day before pre-trial, K met G and stated that his clients could pay and he would convince them to pay but that they are simply such a couple of tight wads and bad debtors that it is even difficult for him to collect his attorneys fees for other cases he handles for them. K then proposed that he would convince his clients to pay the arrears in rents and to leave the premises, provided he shares in the benefits of the collection to the amount of P1,000, otherwise, he would just delay disposition of the case. It doesnt really matter to K whether the money comes from the plaintiff or from the attorneys fe es of G. If G accepts the proposition, he would immediately collect for his client and thereby render quick service. Is the arrangement ethical for both lawyers? No. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Furthermore, to push through with the agreement would clearly be violative of his oath in that they swore to delay no man for money or malice. Lawyers may only use lawful measures to assist their clients in the speedy disposition of their cases. 6. A sold to Attorney X a portion of his big parcel of land. Before said portion could be segregated, B filed a complaint against A to recover title and possession of the big parcel of land, including the portion sold to Attorney X. Attorney X appeared in the proceedings for A who ultimately prevailed in the case. Thereafter, the portion sold to Atty. X was segregated and the corresponding Certificate of Title was issued in his name. Subsequently, B filed a complaint for disbarment against

15

Atty X on the ground that he violated Article 1491 (5) of the NCC and Canon 10 of the CPR which prohibit the acquisition by counsel of any interest in property litigation. May the complaint against Atty. X prosper? Reason. No. The rationale of the prohibition is that public policy disallows the transactions in view of the fiduciary relationship involved. It is founded on public policy because, by virtue of his office, an attorney may easily take advantage of the credulity and ignorance of his client and unduly enrich himself at the expense of his client. However, said prohibition applies only if the sale or assignment of the property takes place during the pendency of the litigation involving the client's property. The sale from A to Atty. X took place before B filed the complaint against A to recover the title and possession of the property. 7. May an attorney refuse to handle a losing case? A lawyer is not obliged to act as a counsel for every person who may wish to become his client. He has the right to decline employment subject to the limitations in Canon 14. However, once he accepts the employment, he owes fidelity to such cause and must always be mindful of the trust and confidence reposed to him. 8. Nene approached Atty. Nilo and asked him if it was alright to buy a piece of land which Maneng was selling. What was shown by Maneng to Nene was an Original Certificate of Title with many annotations and old patches, to which nene expressed suspicion. However, Atty. Nilo, desirous of pushing through with the transction because of the high notarial fee promised to him, told Nene that the title was alright and that he knew Maneng well. He notarized the Deed of Sale and Nene paid Maneng P108,000.00. It turned out that Maneng had previously sold the sane property to another person. For the injustice done to Nene, may Atty. Nilo be disciplined? Yes, Atty. Nilo may be disciplined because what was done by him is a clear violation of Canon 17 of the Code of Professional Responsibility. "A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him". Canon 17 decrees the fiduciary relationship between the lawyer and his client. The fiduciary duty of a counsel and advocate is also what makes the law profession a unique position of trust and confidence, which distinguishes it from any other calling. CANON 18 1. State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct stated below. a. Filing a complaint that fails to state a cause of action, thereby resulting in the defendant succeeding in his motion to dismiss. b. A suspended lawyer working as an independent legal assistant to gather information and secure documents for other lawyers during the period of his suspension. c. A suspended lawyer allowing his non-lawyer staff to actively operate his law office and conduct business on behalf of clients during the period of suspension. d. Keeping money he collected as rental from his clients tenant and remitting it to the client when asked to do so. e. Refusing to return certain documents to the client pending payment of his attorneys fees. f. An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser. g. Not paying the annual IBP dues. a. Yes, the lawyer can be sanctioned. Rule 18.02 states that a lawyer shall not handle any legal matter without adequate preparation. A lawyer should have exercised diligence and made adequate

16

preparations to ascertain that the complaint stated a cause of action to prevent the dismissal of the complaint. It is the bounden duty of a lawyer to check, review and re-check the allegations and contents of the complaint and make sure that a cause of action exist. The legal profession demands that a lawyer thoroughly go over the complaint and such other pleading before filing it in court. b. Yes, the lawyer can be sanctioned. Under the law, only lawyers in good standing can perform or engage in the practice of law. In the case of Cayetano vs. Monsod, the Court held that the practice of law involves rendering service to the general public that calls for the professional judgement of a lawyer, the essence of which is his educated ability to relate the general body and philosophy of law to a specified legal problem. Clearly, the act of working as a legal assistant in gathering information and securing documents for other lawyers is within the scope of practicing law. A suspended lawyer is temporarily prohibited to practice the legal profession; therefore, he cannot engage in the mentioned acts. c. Yes, the lawyer can be sanctioned. Rule 9.01 states that a lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. The lawyer must not unduly place the clients interest in detriment by delegating, assigning or allowing a lawyers delicate job to one who is not qualified, more so, to a person who is not member of the bar. d. Yes, the lawyer can be sanctioned. Rule 16.01 provides that a lawyer shall account for all money or property collected or received for or from the client. Not remitting to his client the amount he had collected and received is misappropriation. Money of the client or collected for the client coming into the possession of the lawyer should be reported and accounted for promptly. e. No, he cannot be sanctioned. Pursuant to section 37 of Rule 138 of the Rules of Court, an attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. Hence, he may keep the documents pending payment of his attorneys fees. f. No, the lawyer cannot be sanctioned. Both parties are of age and qualified to marry each other; hence, the affair is not one which is grossly immoral. It is not so corrupt nor so unprincipled to warrant sanction from the court. g. Yes, the lawyer can be sanctioned. Section 10, Rule 139-A provides that default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys. This is, however, subject to due process, meaning a notice and an opportunity to explain. 2. Prosecutor Coronel entered his appearance on behalf of the State before a Family Court in a case for declaration of nullity of marriage, but he failed to appear in all the subsequent proceedings. When required by the Department of Justice to explain, he argued that the parties in the case were ably represented by their respective counsels and that his time would be better employed in more substantial prosecutorial functions, such as investigations, inquests and appearances in court hearings. Is Atty .Coronel's explanation tenable? No, Atty. Coronels explanation is not tenable. The role of the States lawyer in nullification of marriage cases is that of protector of the institution of marriage. The task of protecting marriage as an inviolable social institution requires vigilant and zealous participation and not mere pro forma compliance

17

(Malcampo-Sin vs Sin). This role could not be left to the private counsels who have been engaged to protect the private interest of the parties. 3. Due to the number of cases handled by Atty. Cesar, he failed to file a notice of change of address with the Court of Appeals. Hence, he was not able to file an appellants brief and consequently, the case was dismissed. Aggrieved, Atty. Cesar filed a motion for reconsideration of the resolution dismissing the appeal and to set aside the entry of judgment on the ground that he already indicated in his Urgent Motion for Extension of Time to File Appeal Brief his new address and that his failure to file a notice of change of address is an excusable negligence. Will the motion prosper? Explain. No, the motion will not prosper. It is the lawyers duty to inform the court or to make of record of his change of address. His failure to do so does not constitute excusable negligence. The lawyer cannot presume that the court will take cognizance of the new address in his motion for extension of time (Phil. Suburban Dev. Corp. vs. CA) 4. a. Atty Jose Abreu appeared as defense counsel de parte for Octavio Sison in a criminal case in the Court of first Instance (now RTC). The trial judge found Sison guilty, whereupon Abreu filed the necessary notice of appeal to the Court of Appeals. Abreu did not file with the appellate court a formal petition withdrawing his appearance. The appeal was dismissed because Abreu failed to file the appeal brief required to account for the dismissal of the appeal. Abreu claimed that his professional services were retained and paid for, only for the trial of the case on the Court of First Instance. Is this reason acceptable? Explain. b. Is a lawyer liable for damages suffered by his client who lost a case because of his (the lawyers) negligence and want of care in handling the case? Explain briefly. a. No. Section 22, Rule 138 of the Rules of Court provides that an attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal unless he files a formal petition withdrawing his appearance in the appellate court. Every case a lawyer accepts deserves his full attention, diligence, skill and competence, regardless of its importance and whether he accepts it for free or for a fee. The moment a lawyer takes a clients cause, he covenants that he will exert all efforts for its prosecution until its final conclusion. b. It depends. If the negligence of the lawyer is excusable, the lawyer may not be held liable for damages. If the negligence is inexcusable, the lawyer may be held liable for damages. This is because Canon 18 of the Rules of Court refers to cases of inexcusable negligence. 5. Discuss the extent of the authority of an attorney to appear for and bind a party, both in the trial and in the appellate court. The general principle is that there is a presumption in favor of the attorney to appear for a client. It is also presumed that the lawyer is authorized by and has conferred with his client regarding the case before the former files an important pleading for and in behalf of the latter. The authority of the lawyer to appear in a case before a lower court shall be presumed to continue to represent his client on appeal, unless he filed a formal petition withdrawing his appearance in the appellate court (Sec 22, Rule 38 of Rules of Court). Moreover, Section 21, Rule 138 provides that attorneys have authority to bind their clients by any agreement in relation thereto made in writing, and in taking appeals, and in all matters or ordinary judicial procedure. But they cannot, without special authority, compromise their clients litigation or receive anything in discharging of a clients claim but the full amount in cash.

18

6. A, as plaintiff in a land-grabbing case, was represented by Attorney X. The case was set for hearing three (3) times. In all the three (3) scheduled hearings, Attorney X failed to appear despite previous notices to him. As a result, the case was dismissed. Attorney X had already received partial payment of his fees prior to the dismissal of the case. May Attorney X be disbarred and on what ground/s? Discuss. Yes, Atty. X can be disbarred. This is a clear case of abandonment by a lawyer which warrants a severe disciplinary action on him. Abandonment of a clients case is in violation of the attorneys contract specially when the lawyer was already partially paid on his fees. It ignores the most elementary principle of professional ethics. A lawyer who fails to exercise due diligence or abandons his clients cause makes him unworthy of the trust reposed on him by the latter. 7. After reading the decision against his client Jose Kapuspalad, Atty. Calmante was convinced that it had a reasonable basis and that he would have difficulty obtaining a reversal. For this reason, Atty. Calmante did not appeal. When Jose learned about the judgement against him, he blamed Atty. Calmante for not taking a timely appeal and filed an administrative complaint for negligence against the latter. Decide the case. I would rule in favor of Jose Kapuspalad. The lawyer should have informed the client about the adverse decision. If he fails to do so, he is considered as having failed to exercise due diligence of counsel. A lawyer in handling a case must give his entire devotion to the interest of his client. In Reontoy vs. Ibadlit, the Supreme Court found a lawyer to be negligent for failing, first of all, to notify his client about the adverse decision, and secondly, for failing to file an appeal in the belief that such appeal would be useless. He thus deprived his client of his right to appeal. If a lawyer cannot contact his client at once after receiving the adverse decision, the prudent step for him to take is to file a notice of appeal, and withdraw it afterwards if his client should decide against the appeal. It is the clients decision whether or not to appeal. 8. State the exception to the rule that the negligence of the counsel binds the client. As a general rule, a client is bound by his counsels negligence. However, in several cases, the Supreme Court admitted exceptions to the general rule. The exceptions are: (a) where the reckless or gross negligence of counsel deprives the client of due process of law or, (b) where its application results in the outright deprivation of ones liberty or property through technicality, or, (c) when the application of the general rule will result in serious injustice. 9. Atty. X was de parte counsel for Y at the trial of a case for estafa against Y in the Regional Trial Court where, after trial, he was found guilty and sentenced to suffer the penalty that was imposed. The convicted accsed appealed to the Court of Appeals. The Clerk of the Court of Appeals then sent notice to Atty. X that the record of the case had already been forwarded to and received in the appellate court for counsel to prepare and file the brief for the appellant. Because of Atty. Xs failure to file the brief for the accused, the latterss appeal was dismissed. Complaint for disbarment was filed by Y against Atty. X for neglect of duty. Atty. Xs defense is that he ceased to be counsel for Y after the adverse decision was rendered by the trial court. I s Atty. Xs contention tenable? No, Atty. Xs contention is untenable. Section 22, Rule 138 of the Rules of Court provides that an attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal unless he files a formal petition withdrawing his appearance in the appellate court. A lawyer in handling the case must give his entire devotion to the interest of his client. It cannot be denied that the failure of counsel to submit the brief within the reglementary period is an offense that entails

19

disciplinary action. He should be aware that in the pursuance of the duty owed the Court as well as to a client, he cannot be too casual and unconcerned about the filing of pleadings 10. What should a lawyer, generally obligated by law to accept a retainer, do if he knows or should know that he is not qualified to render the legal service required? Explain. Rule 18.01 states that A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. A lawyer should accept only as much cases as he can efficiently handle in order to sufficie ntly protect his clients interests. If a lawyer engages in a practice of law in which he is not familiar or qualified, he will be rendering an inferior service to the detriment of the client and to his professional embarrassment. 11. Attorney M accepted a civil case for the recovery of title and possession of land in behalf of N. Subsequently, after the Regional Trial Court had issued a decision adverse to N, the latter filed an administrative case against attorney M for disbarment. He alleged that attorney M caused the adverse ruling against him; that attorney M did not file an opposition to the Demurrer to Evidence filed in the case, neither did he appear at the formal hearing on the demurrer, leading the trial court to assume that plaintiff's counsel (attorney M) appeared convinced of the validity of the demurer filed; that attorney M did not even file a motion for reconsideration , causing the order to become final and executory; and that even prior to the above events and in view of attorney M's apparent loss of interest in the case, he verbally requested attorney M to withdraw, but attorney M refused. Complainant N further alleged that attorney M abused his client's trust and confidence and violated his oath of office in failing to defend his client's cause to the very end. Attorney M replied that N did not give him his full cooperation; that the voluminous records turned over to him were in disarray, and that appeared for N, he had only half of the information and background of the case; that he was assured by N's friends that they had approach the judge; that they requested him (M) to prepare a motion for reconsideration which he did and gave to them; however these friends did not return the copy of the motion. Will the administrative case proper? Give reasons for your answer. Yes, the administrative case will prosper. In failing to file an opposition to the Demurrer to evidence and to appear at the hearing thereof, and more so, in failing to file a Motion for Reconsideration of the order granting the demurrer, thereby causing the same to become final and executory, Attorney M violated Canon 18 of the Code of Professional Responsibility which provides that lawyer shall serve his client with competence and diligence and Rule 18.03 which provides that a lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall make him liable. In refusing to comply with Ns request to withdraw from the case, Atty. M violated the rule that a client has absolute right to terminate the lawyer-client relationship at any time with or without cause. Atty. Ms defense that the voluminous records turned over to him were in disarray and when he appeared for B he had only half of the information and background of the case, is not meritorious. Rule 18.02 provides that he shall not handle any legal matter without adequate preparation. He should have been competent and diligent enough to organize the records given to him, and not to go to trial with only half of the information and knowledge of the case. Moreover, his alleged giving of his Motion for Reconsideration to the friends of N for filing is another instance of negligence on the part of Atty. M. He should have taken care to file the motion himself. 12. Is the act alone that a lawyer failed to appeal from a judgment, which became final through his fault, sufficient ground for a losing party to recover damages from the lawyer? Generally, the lawyer can be considered guilty of negligence if he failed to appeal from a judgment which became final through his fault. As to whether the client can recover damages from the

20

lawyer will depend upon the extent of negligence of the lawyer and its effect. It is a general rule that a mistake or negligence of a lawyer binds the client. In Alcala vs. De Vera, the Court ruled that the failure of the lawyer to inform the client of an adverse judgement within the reglementary period to appeal constituted lack of skill, care and diligence, but it was not sufficient case for disbarment. However, if it is proven that the negligence was inexcusable and the failure to appeal within the reglementary period gravely prejudiced the client, the latter may recover damages (Isaac vs. Mendoza). CANON 19 1. How far may a lawyer go in supporting a clients cause? Does he have the right to control all aspects of the case? Explain. [see answers to question nos. 1 and 2 under Canon 19] 2. Under Canon 19 of the Code of Professional Responsibility, a lawyer shall represent his client with zeal within the bounds of the law. How far, in general terms, may lawyer go in advocating, supporting and defending the cause of his client in a criminal case filed against the latter? The right to counsel must be more than just the presence of a lawyer in the courtroom or the mere propounding of standard question and objections. The right to counsel means that the accused is simply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts accordingly. The right assumes an active involvement by the lawyer in the proceeding, particularly at the trial of the case, his bearing constantly in mind the basic rights of the accused, his being well-versed on the case, and his knowing the fundamental procedure, essential laws and jurisprudence. The right of an accused to counsel finds substance in the performance by the lawyer of his sworn duty of fidelity to his client. It means an efficient and truly decisive legal assistance and not a simple perfunctory representation. However, a lawyer shall employ only honourable and honest means in the maintenance of his clients cause. 3. Under the Code of Professional Responsibility, lawyer owes fidelity to the cause of his client and shall represent his client with zeal in the maintenance and defense of his rights. How far, in general terms, may a lawyer go in advocating, supporting and defending his clients rights and interests? Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client. In championing the cause of his client, a lawyer should employ only such means as are consistent with truth and honor. He should not go beyond the bounds of the law or the ethics of his profession. 4. A mayor was charged with homicide engaged your services as his lawyer. Since there is only one witness to the incident, the mayor disclosed to you his plan to kill the lone witness through a contrived vehicular accident. a. What are the moral and legal obligations to the mayor, and to the authorities? b. Should the killing push through and you are certain that the mayor is the one responsible, are you under obligation to disclose to the authorities what was confided to you? Is this not a privileged communication between client and attorney? a. It is the duty of an attorney to divulge the communication of his client as to his announced intention to commit a crime to the proper authorities to prevent the act or to protect the person against whom it is threatened.

21

b. Public policy and the lawyers duty to counsel obedience to the law forbid that an attorney should assist in the commission of a crime or permit the relation of attorney and client to conceal a wrongdoing. He owes it to himself and to the public to use his best efforts to restrain his client from doing any unlawful act and if, notwithstanding his advice, his client proceeds to execute the illegal deed, he may disclose it or be examined as to any communication relating thereto. There is privileged communication only as to crimes already committed before its communication to the lawyer. 5. Atty. A discovered his clients fraud against the adverse party. What steps should he take so that his client will secure only that which is legally and justly due him? Rule 19.02 of CPR provides that A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. 6. a. State the rule on whether a client is bound by the mistake of his counsel. b. On account of his mistake, is counsel liable to his client for damages? Explain.

a. Though as a general rule, the client is bound by the mistakes of his lawyer, the Supreme Court has made an exception where the lawyers lack of devotion to the client is so gross and palpable that the court must come to the aid of the distraught client. Likewise, when a lawyer has practically sold his client down the river or when the negligence is so gross that the client was deprived of due process, the client is not bound by the negligence or mistake of the lawyer (San Miguel Corp. vs. Laguesma) b. A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall make him liable. A client who suffers prejudice by reason of his counsels inexcusable negligence in the discharge of his duty may file an action for damages against him. However, there must be a showing that had the lawyer exercised due diligence, the client under the facts and the law would have succeeded in recovering from the adverse party or in resisting the claim of the latter. CANON 20 1. The contract of attorneys fees entered into by Atty. Quintos and his client, Susan, stipulates that if a judgment is rendered in her favor, he gets 60% of the property recovered as contingent fee. In turn, he will assume payment of all expenses of the litigation. a. Is the agreement valid? b. May Atty. Quintos and Susan increase the amount of the contingent fee to 80%? a. The agreement is invalid. The agreement that Atty. Quintos will assume payment of all expenses of the litigation makes it a champertous contract, which is not recognized in the Philippines. b. Atty. Quintos and Susan may not increase the amount of the contingent fee to 80%. An 80% contingent fee is unconscionable because it is so disproportionate as to indicate that an unjust advantage had been taken of the client, and is revolting to human conscience. Besides, as long as Atty. Quintos will assume payment of all expenses of the litigation, the same shall remain to be a champertous contract. It must be borne in mind that contracts for attorneys fees, such as the instant case, are always subject to the control and supervision of the Courts. 2. What are the criteria in determining the reasonable amount that may be awarded as attorneys fees? Give at least 7 factors.

22

Rule 20.01 of the Code of Professional Responsibility enumerates the following factors in determining attorneys fees: a. the time spent and the extent of the services rendered or required; b. the novelty and difficulty of the questions involved; c. the importance of the subject matter; d. the skill demanded; e. the probability of losing other employment as a result of acceptance of the proffered case; f. the customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g. the amount involved in the controversy and the benefits resulting to the client form the service; h. the contingency or certainty of compensation; i. the character of the employment, whether occasional or established; and j. the professional standing of the lawyer. 3. Is the champertous contract valid in this jurisdiction? Why? A champertous contract is invalid in this jurisdiction. Said kind of contract is invalid because it is contrary to public policy and it violates the fiduciary relationship between the lawyer and the client. Moreover, the practice of law is a profession and not a trade. To allow champertous contracts in the Philippines would be tantamount to making it a business venture where there is an expectation of making a profit. 4. When is a written contract for professional services between a lawyer and a client not binding on the client? Explain briefly. As a general rule, a written contract for services between the lawyer and the client should ordinarily control the amount of the lawyers fees. However, in the following instances, a written contract for professional services between a lawyer and a client is not binding on the client: (a) where the amount agreed upon is unreasonable or unconscionable as to shock the conscience of man; and (b) where the client is ignorant and uneducated. 5. Distinguish a contingent fee contract from a champertous contract. A contingent fee contract is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation. Additionally, a contingent fee contract is valid while a champertous contract is invalid. 6. May a lawyer undertake to finance the case of his client in court in consideration of a portion of the property litigated as his compensation? Why? A lawyer may undertake to finance the case of his client in court in consideration of a portion of the property litigated as his compensation. However, the agreement of the parties must expressly indicate that any amount advanced by the lawyer would have to be returned or reimbursed by the client. Otherwise, the contract shall be considered as champertous which is invalid in our jurisdiction because of public policy considerations.

23

7. A lawyer and his client entered into a written agreement whereby the client bound himself to pay his lawyer, for services rendered, 1/2 of the property in litigation should the client win his case up to the Supreme Court. The lawyer won the case but the client refused to comply with his obligation. a. Is the contract for a contingent fee valid considering the provisions of Article 1491 of the Civil Code, which prohibits the sale or assignment between the lawyer and his client of the property which is the subject of the litigation? b. How should a lawyer register his interest on the Torrens Title of the land involved as an attorneys charging lien under the Rules of Court, or as an adverse claim under the Land Registration Act? a. The contract for a contingent fee wherein the lawyer gets one-half of the property which is the subject matter of the litigation in case he wins the case is valid and proper. As held in the case of Director of Lands vs. Ababa, the agreement is not violative of Article 1491 of the New Civil Code provided the case has been terminated as it is sanctioned under Canon 13 of the Canons of Professional Ethics. b. The attorney may annotate his attorneys fees on the title of the property as an adverse claim and not as a charging lien. A charging lien is limited only to monetary judgments. 8. A client refuses to pay Atty. A his contracted attorneys fees on the ground that counsel did not wish to intervene in the process of effecting a fair settlement of the case. Decide. Rule 1.04 of the Code of Professional Responsibility provides that a lawyer shall encourage his clients to avoid, end, or settle a controversy if it will admit of a fair settlement. If a lawyer should refuse to intervene in a settlement proceeding, his entitlement to his attorneys fees may be affected. However, if Atty. A has already rendered some valuable services to his client, he must be paid his attorneys fees on the basis of quantum meruit. 9. Atty. As services as a lawyer were engaged by B to recover from C certai n construction materials and equipment. Because B did not have the means to defray the expenses of litigation, he proposed to Atty. A that he (A) shoulders all the expenses of the litigation and he (B) would pay him (A) a portion of the construction materials and equipment to be recovered as compensation for his professional services. May Atty. A correctly agree to such arrangement? Atty. A may not correctly agree to such an agreement. Such an agreement would constitute a champertous contract which is considered void due to public policy considerations. A champertous contract is one in which a lawyer undertakes to prosecute a case, and bear all the expenses in connection therewith without right of reimbursement, and will be paid his fees by way of a portion of the property or amount that may be recovered, contingent on the success of his efforts. 10. X is the lawyer of Abakada, Inc. On January 16, 1973, the corporation endorsed a collection case to X for P20,000 with the understanding that X is to receive 20% of the amount collected as attorneys fees. The case is very simple and the documentary evidence was complete. X filed the complaint on January 31 and the defendant filed his answer on February 5. On July 5, Abakada, Inc. discovered that nothing had been done and requested its lawyer X to expedite the case by at least filing a motion for pre-trial. X promised to do so. On July 15, Abakada, Inc., upon request of status report from X, learned that still nothing had been done by X. On October 1, the defendant went to the office of Abakada, Inc. and offered to compromise his case by paying P5,000 in cash, the balance of P15,000 to be paid on or before October 15. Abakada, Inc. accepted the offer believing that the offer was good. A compromise agreement was the signed by the parties without the knowledge of X and the defendant finally paid the balance of P15,000 on October 15. The court

24

then dismissed the case upon motion of plaintiff corporation field by its President and Manager. X now sought collection of his 20% attorneys fees but Abakada, Inc, refused to pay. X brought an action for collection of his fees against Abakada, Inc. Is X permitted to collect? Decide with reasons. Atty. X is not permitted to collect his fees against Abakada, Inc.. One of the instances where payment of attorneys fees based on quantum meruit is allowed is when the counsel, for justifiable cause, was not able to finish the case to its conclusion. However, it is apparent in the present case that Atty. Xs failure to finish the case to its conclusion is unjustified, if not highly reprehensible. Canon 18 of the Code of Professional Responsibility states that a lawyer shall serve his client with competence and diligence. Rule 18.03 adds that a lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection there with shall render him liable. In the present case, Atty. X was repeatedly asked by Abakada, Inc. to attend to their case, only to be repeatedly ignored. It must likewise be noted that the case is very simple and the documentary evidence was complete, which aggravates Atty. Xs inaction. Thus, considering the totality of the circumstances that indicate that Atty. Xs failure was unjustified, Atty. X must not be permitted to collect his fees. 11. State some guidelines in determining the reasonable compensation that an attorney may receive for professional services rendered by him for his client. [see answers to question no. 2 under Canon 20] 12. An action for forcible entry filed before the Municipal Court was dismissed by it. The RTC, on appeal, also dismissed the complaint on the ground that the issue involved is purely an agrarian matter but awarded attorneys fees of not less than P500.00 in favor of the defendant. Plaintiff moved for reconsideration on the ground that attorneys fees in favor of defendant had no basis in fact and in law. Defendant, however, insisted that the award was in order pointing out that attorneys fees may be given as moral damages which was specifically claimed in his counter claim: that the Complaint was clearly unfounded; and that his Answer included a general prayer for relief. Would you sustain defendants contentions? I would sustain the defendants contention. It is a settled rule that an adverse decision does not always justify an award of attorneys fees in favor of the winning party. To warrant the award of attorneys fees, it must be shown that there is clearly an unfounded civil action or proceeding which amounts to gross or evident bad faith. These circumstances must be stated in the decision. Besides, public policy requires that no penalty be placed on the right to litigate. 13. A Manila-based lawyer meets a former classmate now a law practitioner in Cebu. The former tells the latter, I have a number of corporate clients in Manila with branches in Cebu. I now find it taxing to attend to out-of-city work. Id like to forward to you, of course with my clients consent, their Cebu cases as these are referred to me. You will have blanket authority to bill their Cebu branches directly for the service. Ill be happy with a share of 10% of the billing. What do you say? a. Comment on the propriety of the proposal. b. What difference, if at all, would it make if it had been proposed, instead, that the two lawyers, with clients consent, would jointly enter their appearance as counsel in the Cebu cases although actual conduct of trial would be left to the Cebu lawyer? a. The proposal is proper. This is a classic example of the lawyer referral system which is allowed in the Philippines. Moreover, the question states that the consent of the client shall be obtained first. It should be assumed, however, that an attorney-client relationship is thereby established between the corporate client and the law practitioner in Cebu. The client should therefore know who the Cebu lawyer

25

is. This is because the relationship of attorney and client is strictly personal and involves mutual trust and confidence of the highest degree. With regard to the share in the billing, the same may be considered as valid provided the same complies with Rule 20.02 of the Code of Professional Responsibility which provides that a lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of fees in proportion to work performed and responsibility assumed. b. The proposed joint appearance is proper. However, it is necessary that the client has given his prior express consent and that there is an established attorney-client relationship. 14. In securing a bond for a writ of preliminary injunction issued in favor of his client, Atty. X was given P10,000 by surety company as commission for the premium on the bond. Is the acceptance of the P10,000 by Atty. X proper? Explain. The acceptance of P10,000 by Atty. X is improper. Rule 20.03 of the Code of Professional Responsibility provides that a lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. In the instant case, Atty. A received a commission from someone other than his client. 15. A real estate company, elated over the declaration in a case regarding a dispute over a personal matter between its top sale representative and his neighbor, gifted Atty. O, who represented its sale representative in the litigation, with a 240-square meter lot in its newly developed subdivision. The case handled by Atty. O had nothing to do with the sales representatives work for the real estate company. The latters offer of the lot, which Atty. O accepted, was in consideration of its sales representatives being in the firms Number One salesman. Was there a breach of Code of Professional Responsibility by Atty. O when he accepted the 240 square-meter lot? There was a breach of the Code of Professional Responsibility by Atty. O when he accepted the 240 m. lot. Rule 20.03 provides that a lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. Even if the secret compensation comes from a friendly person or entity, its discovery would create dissension in the attorney-client relationship. Worse, the lawyer will be able to enrich himself by receiving more than what is due him as attorneys fees. In the instant case, there is no mention whether the top sale representative had full knowledge and consent to the gift given by the real estate company.
2

16. Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only fee contingent upon securing a favorable final judgment or compromise settlement. Chester signed the contingent fee agreement. a. Assume the property developer settled the case after the case was decided by the RTC in favor of Chester for P1 Billion. Chester refused to pay Laarni P150 Million on the ground that it is excessive. Is the refusal justified? Explain. b. Assume there was no settlement and the case eventually reached the Supreme Court which promulgated a decision in favor of Chester. This time Chester refused to convey to Laarni 15% of the litigated land as stipulated on the ground that the agreement violates Art. 1491 of the Civil Code which prohibits lawyers from acquiring by purchase properties and rights which are the object of the litigation in which they take part by reason of their profession. Is the refusal justified? Explain.

26

a. Chesters refusal is unjustified. A contract for attorneys fees on a contingent basis does not bind the client only when it was shown that the amount or percentage agreed upon is highly unreasonable or unconscionable, or where the agreement was reached through fraud or bad faith on the part of the lawyer. Laarnis fees (15% of whatever monetary settlement that may be received from the property developer) appears to be reasonable and conscionable under the attendant circumstances. In fact, the Supreme Court has approved and validated the collection of much higher fees in many other cases. b. Chesters refusal remains unjustified. Under Aricle 1491 (5) of the New Civil Code, lawyers are prohibited from acquiring either by purchase or assignment the property or rights involved which are the objects of the litigation in which they intervene by virtue of their profession. The said prohibition applies only if the sale or assignment takes place during the pendency of the litigation. In the present case, the Supreme Court has already promulgated a decision in favor of Chester. The same is considered as final and executory. Consequently, litigation is considered over. Thus, the prohibition does not apply in the present case. 17. When is recovery of attorneys fees based on quantum meruit allowed? Recovery of attorneys fees based on quantum meruit is allowed when: a. there is no express contract for payment of attorneys fees agreed upon between the lawyer and the client; b. when although there is a formal contract for attorneys fees, the fees stipulated are found unconscionable or unreasonable by the court; c. when the contract for attorneys fees is void due to purely formal defects of execution; d. when the counsel, for justifiable cause, was not able to finish the case to its conclusion; and e. when lawyer and client disregard the contract for attorneys fees. 18. What is assumpsit and when is it proper? Assumpsit is an action in common law for the recovery of damages for the non-performance of a parol or simple contract. The term has been used in relation to the collection of attorneys fees on quantum meruit basis. Where the lawyer has been employed without a contract for his compensation, he is entitled to recover an amount his services merit, on the basis of an implied promise by the client to pay for such services. 19. Give four instances when a client may validly refuse to pay his lawyer the full amount of attorneys fees stipulated in their written contract. Any four of the following instances constitute valid grounds for client to refuse to pay the full amount of attorneys fees stipulated in their contract: a. when the lawyer was negligent in the performance of his duties; b. when the lawyer gave just cause for the termination of his services; c. when the lawyer unceremoniously withdraws from or abandons a case without just cause; d. when the lawyer simultaneously represents adverse interests without his clients consent; e. when the amount fixed is excessive, unconscionable, or unreasonable; or f. when the contract of employment is void because of some irregularity in its execution or as to purely formal matters. 20. Atty. Beltran is ABs lawyer in a falsification case filed against Dino Bravo. While undergoing trial in the said criminal case, PNB foreclosed the two (2) hectare riceland of Bravo and sold it in a

27

public auction to the highest bidder, Atty. Beltran. Convicted in the falsification case and dissatisfied with the manner by which Atty. Beltran handled the case, Bravo filed a disbarment case against the aforenamed lawyer on the sole ground that Atty. Beltrans acquisition of the aforementioned Riceland was in violation of the law and the canons of professional ethics. How should the disbarment complaint be disposed of? Discuss. The disbarment case against Atty. Beltran may not prosper. The requisites of Article 1491 of the New Civil Code, which is the pertinent law in the instant case, are: (a) there must be an attorney-client relationship; (b) the property or interest of the client must be in litigation; (c) the attorney takes part as counsel in the case; and (d) the attorney, by himself or through another, purchases such property or interest during the pendency of the litigation. The riceland Atty. Beltran purchased was not the subject matter of the litigation (falsification case) he handled. Moreover, there was no attorney-client relationship established. 21. Monetary benefits were awarded to CIO Labor Union to a collective bargaining agreement that is finally executed between the said union and ABC Banking Corporation. Atty. XYZ, who assisted the Union President in the negotiations that led to the said agreement, is now claimin g attorneys fees but the only legal service on record he has rendered was the filing of a motion for reconsideration and a supplemental motion which were not acted upon by the minister of Labor which had assumed jurisdiction over the controversy between the bank and the union. Atty. XYZ on the other hand, claims that he had invested a lot of efforts in the preparing of the memorandum for the union when the case was on appeal with the Office of the President that brought about the execution of the CBA granting benefits to the employee-union members in the amount of 10 million. Is Atty. XYZ entitled to 10% attorneys fees from the monetary benefits ensuing from the collective bargaining agreement and has the Office of the President the authority and jurisdiction to determine and award claim for attorneys fees. Reason out your answer. The facts of this problem resemble those of Pacific Banking Corporation vs. Clave. The lawyers fee must be deducted from the union funds and not from the monetary benefits ensuing from the collective bargaining agreement. Moreover, the Office of the President has no jurisdiction to adjudicate attorneys fees. 22. a. Define: retaining fee; charging fee; contingent fee. b. In the absence of a written contract between attorney and client, what factors are to be considered in determining the amount of the attorneys fees? a. A retaining fee is a preliminary fee paid to ensure and secure a lawyers future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving payment from him. A charging lien is an attorneys specific lien for compensation on the fund or judgment which he has recovered by means of his professional services for his client in a particular case. Such charging lien covers only the services rendered by an attorney in the action in which the judgment was obtained and takes effect after the attorney shall have caused a statement of his claim of such lien to be entered into the records of the particular action with written notice thereof to his client and to the adverse party. A contingent fee is the arrangement for the payment of attorneys fees whereby such attorneys fees are due only if the lawyer handles the case successfully. In such an arrangement, a lawyer agrees to receive a fixed percentage of the recovery by the client. b. [see answers to question no. 2 under Canon 20]

28

23. What elements are generally considered in fixing reasonable compensation for legal services rendered on the basis of quantum meruit? Would the guidelines that you have mentioned suffer any change, if the lawyer were engaged by a labor union in a case before the NLRC involving unlawful dismissal and reinstatement, and recovery of backpay and overtime pay, of the unions 500 rankand-file members? Explain. According to Rule 138, Section 24 of the Rules of Court, the following are the factors or elements in fixing the reasonable compensation for legal services rendered on the basis of quantum meruit: (a) the importance of the subject matter in controversy; (b) the extent of services rendered; and (c) the professional standing of the lawyer. However, as jurisprudence continued to evolve, the factors mentioned in Rule 20.01 of the Code of Professional Responsibility have likewise been considered in determining a lawyers compensation based on quantum meruit. Yes, the guidelines will change, significantly. Article 111 of the P.D. No. 442, as amended, otherwise known as the Labor Code of the Philippines, read together with its Implementing Rules and Regulations, expressly regulates the amount recoverable as attorneys fees in the nature of damages sustained by and awarded to the prevailing party. Our labor laws expressly limit atto rneys fees recoverable in actions cognizable by the Labor Code to a maximum of 10% only. 24. Would you consider it advisable for a lawyer to sue his client to recover his fees? Discuss briefly. It is not advisable for a lawyer to sue his client to recover fees. Rule 20.04 of the Code of Professional Responsibility states that a lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice of fraud. The legal profession is not a money-making trade but a form of public service. Lawyers should avoid giving the impression that they are mercenary. It might even turn out to be unproductive for him because potential clients are likely to avoid a lawyer with a reputation of suing his clients. 25. What is a contingent fee contract? What is a champertous contract? Differentiate. [see answers to question nos. 5 and 9 under Canon 20] 26. Give at least five instances when attorneys fees may be recovered as an element of damages. Article 2208 of the New Civil Code enumerates the instances where, in the absence of stipulation, attorneys fees and costs of expenses of litigation may be recovered, to wit: a. when exemplary damages are awarded; b. when the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; c. in criminal cases of malicious prosecution against the plaintiff; d. in case of clearly unfounded civil action or proceeding against the plaintiff; e. where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly valid, just, and demandable claim; f. in actions for legal support; g. in actions for the recovery of wages of household helpers, laborers, and skilled workers; h. in actions for indemnity under workmens compensation and employers liability laws; i. in a separate civil action to recover civil liability arising from a crime; j. when at least double judicial costs are awarded; and

29

k. in any other case where the court deems it just and equitable that attorneys fees and expenses of litigation should be recovered. 27. Explain what an attorneys lien is and how it may be enforced. Metropolitan Bank and Trust Company vs. The Honorable Court of Appeals and Alafriz and Associates is instructive: On the matter of attorney's liens Section 37, Rule 138 provides: An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. Consequent to such provision, a charging lien, to be enforceable as security for the payment of attorney's fees, requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client. A lawyer may enforce his right to fees by filing the necessary petition as an incident in the main action in which his services were rendered when something is due his client in the action from which the fee is to be paid. 28. If the court decides that the counsel of a party for a case may recover attorneys fees on the basis of quantum meruit, what does the order of the court mean? Explain. The order means that the counsel may recover as much as he deserves. Quantum meruit is an equitable doctrine based on the concept that no one shall be unjustly enriched by the acts of another. Under the said doctrine, the law implies a promise to pay a reasonable amount for the labor and materials furnished, even absent a specific contract therefor. 29. A man approaches you for the purpose of retaining you as counsel. He informs you that he is without sufficient funds to conduct a litigation to pay for filing fees, etc. But after questioning him, you find that he has meritorious case, that he is oppressed by a wealthy man, and that, if handled correctly, he may be able to recover a large sum of money by way of damages. If you decide to accept the case, what kind of agreement will you enter into with your client to solve the problem of expenses and the payment of attorneys fees? If you decide not to accept the case, give your reasons for your decision. I will accept the case and enter into an agreement for the payment of attorneys fees on a contingent fee basis. A contingent fee is the arrangement for the payment of attorneys fees whereby such attorneys fees are due only if the lawyer handles the case successfully. In such an arrangement, a lawyer agrees to receive a fixed percentage of the recovery by the client. 30. What factors must be considered by the court in determining attorneys fees in the absence of a written contract? [see answers to question no. 2 under Canon 20] 31. If the written contract for professional services cannot thus be enforced, but the lawyer has rendered professional services, who may fix the amount of the lawyers compensation?

30

The courts may fix the amount of the lawyers compensation if the written contract for professional services cannot be enforced, but the lawyer has rendered professional services. The same may be done by the courts on the basis of quantum meruit, or as much as the lawyer deserves. Lawyers cannot fix the fees themselves as this practice would invite abuse against their clients. 32. What is meant by compensation based on quantum meruit? [see answers to question no. 28 under Canon 20] 33. Discuss the propriety of a lawyer filing court litigation against his client over his fees. [see answers to question no. 24 under Canon 20] 34. Atty. X, after obtaining a favorable judgment for the plaintiffs, filed for the motion of annotation of his attorneys lien at the back of the plaintiffs Certificate of Title, alleging that notwithstanding the professional services he has rendered, plaintiffs refused and failed to pay him his fees which he placed at P2,000.00. The court granted the motion and ordered plaintiffs to surrender their Certificate of Title so that the annotation requested may be made. Is the Order of the court granting the motion correct? The order of the court granting the motion to surrender the transfer certificate of title so that annotation of the attorneys lien may be made is incorrect. As ruled in the case of Peralta Vda. De Caia vs. Hon. Victoriano, the lien which Atty. X tried to enforce for the satisfaction of his professional fee is charging in the sense that its purpose is to make of record his claim in order that it may be considered in the execution of the judgment that may be rendered in the case. What he should do is to make record said lien. Certainly, he cannot go any further such as what the trial court allowed him to do. The lien of Atty. X is not of a nature which attached to the property in litigation, but at most, a personal claim enforceable by a writ of execution. The judge has therefore exceeded his authority in issuing the order. 35. Atty. CJ handled the plaintiff GE against defendant XY in an action for damages. Judgment was rendered for plaintiff GE. When a writ of execution was issued, the sheriff levied on a 400square meter lot of defendant XY. Pursuant to their contingent fee contract, plaintiff GE executed a deed of assignment in favor of Atty. CJ of one-half of the lot. Atty. CJ accepted the assignment. a. Is the contract for contingent fee valid? Explain. b. Did Atty. CJ commit any violation of the Code of Professional Responsibility? Explain. a. It depends. Generally, a contract for a contingent fee is considered valid in our jurisdiction. However, the amount of the fee or interest agreed upon by the lawyer and the client may be reduced by the courts if it should be unreasonable or unconscionable. Thus, the assignment in favor of Atty. CJ of one-half of the lot may or may not be reasonable, depending on the circumstances and factors attending the case. No such definite circumstances and factors were mentioned in the instant case. b. Atty. CJ did not commit any violation of the Code of Professional Responsibility. In the case of Daroy vs. Abecia, the Supreme Court held that the assignment to a lawyer of a portion of property levied on by the sheriff for the satisfaction of a judgment in favor of his client does not violate the said code in relation to Article 1491 (5) of the New Civil Code, if the property was not involved in the litigation handled by the lawyer. In the instant case, the 400 m.2 lot is apparently not involved in the litigation since the action handled by Atty. CJ was for damages. Hence, his acquisition of 50% of the same is ethical.

31

36. Define an attorneys retaining lien. [see answers to question no. 27 under Canon 20] 37. G was appointed administratrix of the estate of her deceased father. She engaged the service of Atty. H as her personal counsel to represent her in court proceedings. G later discharged the services of Atty. H. Invoking his retaining lien, Atty. H retained documents bearing on the estate of the decedent which were entrusted to him by G. Is Atty. Hs retention of the documents justified? Explain. Atty. Hs retention of the documents is not justified. Atty. H was the personal counsel of G, not of the estate. The documents bearing on the estate of the decedent entrusted by G to him are not Gs properties but of the estate which is not his client. Atty. H has no right to exercise a retaining lien over such documents. 38. Discuss the propriety of a lawyer filing suit against his client concerning his fees. [see answers to question no. 24 under Canon 20] CANON 21 1. In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry & Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he learned that Atty. Henry had shared the confidential information with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement, and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. Yes, Atty. Henry clearly violated Canon 21. Under Canon 21, a lawyer shall preserve the confidences and secrets of his client and he may not disclose it without the consent of the said client. The disclosure made by Atty. Henry to Atty. Meyer does not violate the said right since they are partners and there is no express prohibition made by Niko. However the disclosure to Atty. Canonigo who is not in any way connected with the firm is a violation of Canon 21. The defense of Atty. Henry as to the confidentiality agreement is untenable since a written agreement is not necessary for a lawyer to be bound by the conduct already reposed in him by the CPR. 2. In the course of a drinking spree with Atty. Holgado who has always been his counsel in business deals, Simon bragged about his recent sexual adventures with socialites known for their expensive tastes. When Atty. Holgado asked Simon how he manages to finance his escapades, the latter answered that he has been using the bank deposits of rich clients of Banco Filipino where he works as manager. Is Simons revelation to Atty. Holgado covered by the attorney-client privilege? Simons revelation to Atty. Holgado is not covered by the attorney-client privilege. The revelation to be privilege does not suffice the requirements under the law, that it was made on account of a lawyer-client relationship, that it is made for the purpose of seeking legal advice, and it must be made in confidence. The Attorney-client privilege does not cover information concerning a crime or fraud being committed or proposed to be committed. In the instant case Simons revelation was no t made in confidence and it was in furtherance of a fraud being committed by him. Hence the revelation was not in the ambit of attorney-client privilege.

32

3. a. The Rules of Court grants the right to prevent his lawyer from disclosing communications made by the client to the attorney, or of attorneys advice given there on, in the course of professional employment. What are the requisites to enable a client to use this right? b. What are the requisites to make a substitution of attorneys valid? a. The requisites to enable the client to use the right of privileged communication are as follows: i.There is attorney and client relation ii. The privilege is invoke with respect to confidential communication between them in the course of or with a view to professional employment; and iii. The client has not given consent his consent to the attorneys testimony. b. The requisites to make a substitution of an attorneys valid are the following; i. A written application for the substitution ii. Written consent of the client iii. Written consent of the attorney to be substituted iv. In case such written consent cannot be obtained, there must be filed with the application proof of service of such motion upon the attorney to be substituted in the manner prescribe by the rules. 4. What is the scope of the lawyers duty to preserve his clients confidence? It is the duty of the lawyer to preserve his clients confidences. This duty outlasts the lawyers employment and even the death of his client, this as well extends to those persons whose services are utilized by the lawyer. The lawyer shall not accept employment which involves or may involve the disclosure or use of these confidences, either for the private advantages of the client, without his knowledge and consent, and even though there are other available sources of such information. This duty does not extend to the announced intention of a client to commit a crime, he may properly make such disclosure as may be necessary to prevent the act or protect those against whom it is threatened. The lawyer is not precluded from disclosing the truth with respect to the matters necessary to defend himself, his associates or his employees. 5. A, who is charged in court with estafa for misappropriating funds entrusted to him by B, consulted Atty. C about the case with intention of engaging his services as defense counsel. Because A could not afford to pay the fee Atty. C was charging him, A engage the services of another counse, Atty. D. At the trial of the case for estafa against A, the prosecutor announced in open court that his next witness was Atty. C whom he was calling to the witness stand. Counsel for A, Atty. D, vigorously opposed the prosecutors move on the ground that Att. C may not be called as witness for the prosecution as he might disclose a would be clients confidence and secret. Asked by the presiding Judge what would be the nature of Atty. Cs testimony, the prosecutor answered it has something to do with how A obtained from B the funds that the latter received from the former but failed to account for. Thereupon, Atty. A vigorously opposed the prosecutors motion. If you were the Judge, how would you rule on the matter? If I were the judge, I will not allow Atty. C to take the witness stand. When A consulted Atty. C about his case, a lawyer-client relationship was established between them. It does not matter that A did not eventually engage his services because of his fees; such relationship has already been created. A lawyer is bound by the rule on privilege communication in respect to matters disclosed to him by a prospective client. The rule on privilege communication provides that an attorney cannot, without the consent of his client, be examined as to any communication made by the client to him. The prosecution has announced that Atty. C will be asked about how A obtained from B the funds that he failed to account for, Atty. Cs knowledge of such matter could have come only from A.

33

CANON 22 1. Explain the procedure to be followed in the substitution of the original attorney of record. The following shall be borne in mind in cases of substitution of attorneys: a. There must be filed a written application for such substitution together with: i. the written consent of the client; and ii. the written consent of the attorney substituted. b. In case such written consent cannot be obtained, there must be filed with the application proof of service of notice of such motion upon the attorney to be substituted in the manner prescribed by the rules. Unless these formalities are complied with, substitution will not be permitted and the attorney who last appeared in the case before such application will be regarded as the attorney of record. 2. In what instance or instances may an attorney be allowed to retire from an action or proceedings without the consent of his client who has engaged his services? A lawyer may retire at any time from any action or special proceeding with the written consent of his client filed in court and copy thereof served upon the adverse party. Should the client refuse to give his consent, the lawyer must file an application with the court. The court, on notice to the client and adverse party, shall determine whether he ought to be allowed to retire. The application for withdrawal must be based on a good cause. 3. When several lawyers are working together in a case and a conflict of opinion arise among them, who is to decide, whose opinion should be followed and what is supposed to be done by the ones whose opinion does not prevail? When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict opinion should frankly state to him for his final determination. The clients decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event it is his duty to ask the client to relieve him. 4. Should a party desire to change his attorney of record what procedure should be followed in doing so? May his former counsel collect the full compensation stipulated in their contract? Explain. Rule 138, Section 26 provides that in case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the advance party. Its second paragraph continues: A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client.

34

5. Discuss briefly the right of an attorney to withdraw from a case as attorney or counsel for a party. In what instances is such withdrawal warranted or justified before the termination of the case? If he should withdraw what is his duty with respect to the retainer that he has already received? A lawyer may withdraw his services from his client only in the following instances: (a) when a client insists upon an unjust or immoral conduct of his case; (b) when the client insists that the lawyer pursue conduct violative of the Code of Professional Responsibility; (c) when the client has two or more retained lawyers and the lawyers could not get along to the detriment of the case; (d) when the mental or physical condition of the lawyer makes him incapable of handling the case effectively; (e) when the client deliberately fails to pay the attorney's fees agreed upon; (f) when the lawyer is elected or appointed to public office; (g) other similar cases. Rule 22.02 A lawyer who withdraws or is discharged shall subject to a retaining lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. 6. Discuss the right of the client to terminate the service of counsel and the right of the counsel to withdraw from a case. The right of the client to terminate the relation is absolute, with or without cause. However, a lawyer is not at liberty to abandon it without reasonable cause. The difference between the revocation of the authority by the act of the client and by the act of the attorney is that the first may be done at any time with or without cause, whereas the second can be made only with the client's written consent or for justified cause. The grounds where a lawyer may withdraw his services are well-defined in Rule 22.01. 7. An attorney may retire or withdraw from an action or special proceeding with or without the consent of his client. When and how may such retirement be effected? A lawyer may retire at any time from any action or special proceeding with the written consent of his client filed in court and copy thereof served upon the adverse party. Should the client refuse to give his consent, the lawyer must file an application with the court. The court, on notice to the client and adverse party, shall determine whether he ought to be allowed to retire. The application for withdrawal must be based on a good cause. 8. On the eve of the initial hearing for the reception of evidence for the defense, the defendant and his counsel had a conference where the client directed the lawyer to present as principal defense witnesses two (2) persons whose testimonies were personally known to the lawyer to have been perjured. The lawyer informed his client that he refused to go along with the unwarranted course of action proposed by the defendant. But the client insisted on his directive, or else he would not pay the agreed attorney's fees. When the case was called for hearing the next morning, the lawyer forthwith moved in open court that he be relieved as counsel for the defendant. Both the defendant and the plaintiff's counsel objected to the motion. a. Under the given facts, is the defense lawyer legally justified in seeking withdrawal from the case? Why or why not? b. Was the motion for relief as counsel made by the defense lawyer in full accord with the procedural requirements for a lawyer's withdrawal from a court case?

35

a. The defense lawyer is legally justified in seeking withdrawal from the case. Rule 22.01 enumerates the instances and those analogous to it, when withdrawal of the lawyer's services may be justified. The client's act clearly falls under Rule 22.01(b). b. No. If the written consent from client cannot be obtained, a lawyer should file a petition for withdrawal in court and he must serve a copy of his petition upon his client and the adverse party at least 3 days before date set for hearing. He should also give time to client to secure services from another lawyer in the case from which he is withdrawing. 9. Atty. X filed a notice of withdrawal of appearance as counsel for the accused Y after the prosecution rested its case. The reason for the withdrawal of Atty. X was the failure of accused Y to affix his conformity to the demand of Atty. X for increase in attorney's fees. Is the ground for withdrawal justified? No. Rule 22.01(e) provides that a lawyer may withdraw his services when the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement. Failure of Y to affix his conformity to the demand for increase in attorney's fee does not fall within the enumerations provided by rule 22.01 for a valid or justified withdrawal of the lawyer. 10. State the rule on (a) right of the client to dismiss his lawyer and (b) the prerogative of a lawyer to withdraw as counsel. Rule 138, section 26 of the Rules of Court states as follows: Section 26. Change of attorneys. An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the advance party. A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client. 11. M has a pending case for collection of sum of money. He is not satisfied with his lawyer N, who, almost always, goes to court evidently unprepared. He wants you to promptly take over the case. You agreed to handle the case. What steps must you take to formalize the engagement? [see answers to question no. 1 under Canon 22] 12. Cite at least five (5) valid reasons under any of which a lawyer may be allowed to withdraw from a case even without her clients consent. Rule 22.01 - A lawyer may withdraw his services in any of the following cases: a. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b. When the client insists that the lawyer pursue conduct violative of these canons and rules;

36

c. When his inability to work with co-counsel will not promote the best interest of the client; d. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; f. When the lawyer is elected or appointed to public office; and g. Other similar cases. 13. The vendor filed a case against the vendee for the annulment of the sale of a piece of land. a. Assume the vendee obtained a summary judgment against the vendor. Would the counsel for the defendant vendee be entitled to enforce a charging lien? Explain. b. Assume, through the excellent work of the vendees counsel at the pre-trial conference and his wise use of modes of discovery, the vendor was compelled to move for the dismissal of the complaint. In its order the court simply granted the motion. Would your answer be the same as in question (a)? Explain. a. No, the vendee's counsel would not be entitled to enforce a charging lien. For a charging lien to be enforceable, there must be a judgment for money. The present case does not involve a judgment for money because it only involves annulment of sale. b. Yes. A dismissal on motion of the plaintiff would certainly not include a judgment for money. Therefore, the counsel cannot enforce a charging lien. 14. What is an attorney's charging lien? Differentiate it from his retaining lien. A charging lien is an attorney's right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer's claim on money obtained in a particular action. A retaining lien is more general in its scope. It extends to all of a client's property that an attorney might come into possession of during the course of a lawsuit. Until an attorney is compensated for services, he or she has a claim or interest in such property. 15. What is meant by attorney's lien? How is this enforced? [see answers to question no. 27 under Canon 20]

37

Вам также может понравиться