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Problem Areas in Legal Ethics:

1. Memorize the Lawyer’s Oath-recite one by one.


2. Game: Legal Terminologies in Legal Ethics including Latin
Terminologies.
3. Quiz 1: Fill in the blanks Entire Code of Professional Responsibility –
including canons and rules.
4. Prepare a Logbook: Write therein the answers to the following
questions including digest of cases subject for recitations every
meeting.
5. Observe readable handwriting, the logbook shall be submitted at the
end of the term, incomplete logbook equates to an incomplete grade.
6. Assignment of percentages for computing your final grade:

Recitation: 30%
Quiz: 15%
Mid-term E. 20%
Final E. 20%
Logbook 10%
Attendance 5%

 You are only allowed 5 absences per semester regardless of


reason.
 Perfect Attendance: Plus 2 direct to the final grade.
 Singular rule inside the class: NO INTELLECTUAL
INFIDELITY
 No Remedial Examinations.

LOGBOOK QUESTIONS OUTLINE INCLUDING CASES ANSWER


IN SEQUENCE.

Preliminaries:

1. Who may practice law in the Philippines?


2. Exceptions to Question 1
3. Case 1: Cantinubuan v. Cruz Jr., 126 SCRA 190
4. Who are the public officials prohibited from engaging in the practice
of law?
5. Case 2: Javellana v. Dept. of Interior 212 SCRA 475
6. Who are the public officers who have restricted right to practice law?
7. What are the requirements that a person must meet to be admitted to
the bar?
8. May a lawyer who has lost his Filipino citizenship still practice law in
the Philippines? G.R. and exception.
9. Case 3: Petition for leave to resume practice of law, Benjamin M.
Dacanay, B.M. No. 1678, December 17, 2007 citing In Re: Bosque, 1
Phil. 88, 1092
10.Case 4: Petition to reacquire the privilege to practice law in the
Philippines., Epifanio B. Meneses, B.M. No. 2112, June 24, 2012
11.What steps must a lawyer do before he can resume practice of law?
Explain.
12.Upon whom is the power to admit a person to the practice of law
vested?
13.What is R.A. 972 of 1953? Explain
14.May Filipino Citizen who studied law in foreign law schools be
allowed to take the bar examination? Requisites:
15.What is Bar Matter No. 1153 RE: Letter of Atty. Estelito P. Mendoza -
amendments to Rule 138 of Rules of Court, March 9, 2010.
16.What are the three operative acts prior to the practice of law?
17.Case 5: IN RE petition to sign the roll of Attorneys, Michael A.
Medado, B.M. No. 2540, September 24, 2013.
18.Is legal aid considered an act of charity or duty? Explain?
19.What is the nature of a partnership for the exercise of the legal
professions?
20.Case 6: In the Matter of the Petition for authority to continue use of
firm name Ozaeta, Romula, etc., 92 SCRA 1
21.Can an association of lawyers and non-lawyers be formed as a
professional partnership? Explain.
22.May the director of patents bar a lawyer from appearing before such
office without passing an examination over patent law?
23.Case 7: Phil. Lawyers Assn. v. Angara GR L-12426 1959
24.What is the continuing basic duty of a lawyer? Case 8: A.M. No. 1928
August 3, 1978 In the Matter of IBP Membership dues delinquency of
Atty. Marcial A. Edilion.
25.Define Practice of Law? Case 9: Cayetano v. Monsaod, 201 SCRA 210,
1991
26.What is the Nature of the Practice of Law? Burde vs. Atty. Magueta,
A.C. No. 5713 2003
27.What is private practice? What is a Sole Practitioners? What is a firm?
28.May a corporation be organized to engaged in law practice?
29.What is the best advertising available for lawyer?
30.What are the exception to the rule against solicitation and
advertising?
31.Case 10: Ulep v. Legal Clinic Inc. 223 SCRA 378 June 17, 1993
32.Differentiate General from Special Retainer?
33.What is contingency fee, suit in assumpsit, retaining lien, charging
lien, champertous contract?
34.Explain the disputable assumption that a lawyer appearing in court
for a client has the authority from the client?
35.Can a defendant in a suit file a counterclaim against the lawyer of the
plaintiff? Why? Case 11: Chavez vs. Sandiganbaya , 193 SCRA 282,
January 24, 1991.
36.May the solicitor general appear for a public official at any stage of a
criminal case? Why? Case 12: Urbano vs. Chavez, 183 SCRA 347, 1990

Attorney’s fee:

37.State the concept of attorney’s fees?


38.Case 13: Rosario, jr. v. de Guzman, et al., G.R. No. 191247, July 10,
2013.
39.Basis for attorney’s fee?
40.Is a written contract between lawyer and client a must entered into
before payment of his fees?
41.Is a lawyer entitled to full amount of his fees even if dismissed by a
client?
42.Case 14: Camacho v. CA, November 24, 2989
43.In labor cases, wherein the attorney’s fee is contingent is the 10%
cannot be tempered? Case 15: D.M. Consunji, inv. Vs. NLRC, 143
SCRA 212
44.Is this allowed, 50% share of the lawyer contingent to the winning of
the case with the understanding that all cost and expenses of
litigation be shouldered by the lawyer? Case 16: Bautista v. Gonzales
182 SCRA 151 1990
45.If he files a suit in assumpsit will he be paying a filing fee?
46.May an executor or administrator Recover attorney’s fees for the
services to the estate?
47.Case 17: Lacson v. Reyes, 182 SCRA 729, Feb. 26, 1990
48.In every suit, should the court adjudged attorney’s fee? Case 18:
Central Azucarera de Bais vs. CA, 188 SCRA 328 August 3, 1990.
49.Exceptions where the lawyer cannot recover reasonable
compensation? Any exception to the exception?
50.Who may not charge attorney’s fees?
51.State some acts of a lawyer that may negate the recovery of attorney’s
fees?
52.Acts that will not negate recovery of attorney’s fees?
53.Can the court award a claim for attorney’s fee where the lawyer filed
a petition as an incident of the main action even if the amount of the
attorney’s fee is outside of its jurisdiction? Case 19: Quirante v. Ca
GR 73886 1989
54.What is the nature of a charging lien? Where to file the lien? Is it
enforceable by a writ of execution? Can it attach a property in
litigation? How about money claim can it be deducted to the award?
Preference of payment? Case 20: Metropolitan Bank and Trust
Company vs. CA 181 SCRA 367 1990.
55.Is a GOCC represented by the office of the Government Corporate
Counsel entitled to attorney’s fees? Why? Case 21: Pacific Mills vs.
CA 206 SCRA 317

CODE OF PROFESSIONAL RESPONSIBILITY:

Recitation: Memorize Canon 1-6 including its rules

Questions:

Lawyer and the society:

56.Can a lawyer separate his private life from his professional life as a
defense in violation of his code? Case 22: Socorro T. Co vs. Atty.
Godofredo Bernardino, AC No. 3919 1998
57.A was criminally charged, he tried to get the services of Atty. X but
the latter presumed his non innocence, can he decline, is that ethical?

Dishonest and Deceitful conduct:

58.Can a lawyer convicted of the crime of estafa be disbarred? Case 23:


Victoriano Resurreccion vs. Atty. Ciriaco Sayson, Adm. Case No.
1037 December 14, 1998.
59.How about Issuing worthless checks? Violation of BP22? Case 24:
Santos-Tan vs. Atty. Romero R. Robiso, A.C. No. 6383, March 31, 2009
60.Can a lawyer be disbarred after borrowing records from the case and
stole some exhibits and by tearing them? Case 25: Fernandez vs.
Benjamin Garcia adm. Case no. 3694, June 17, 1993.
61.Cases on Dishonesty and Deceitful Conduct:
62.Case 26: Quiliban vs. Robinol, 171 SCRA 769
63.Case 27: Calo vs. Degano, 20 SCRA 447
64.Case 28: Imuido vs. Fidel Sor Mangonon, 4 SCRA 760
65.Case 29: In re: del Rosario, 52 Phil. 399
66.Case 30: Licianan vs. Melo, 170 SCRA 100
67.Case 31: In re: Quiambao, 102 Phil. 940

Immoral Conduct:

68.What degree of immoral conduct that warrants disbarment?


69.Cases of immorality: Case 32: Obusan v. Obusan, Jr. 128 SCRA 485
70.Case 33: Terre vs. Terre, 211 SCRA 6
71.Case 34: Barrientos vs. Daarol Adm. Matter No. 1512 January 29, 1993
72.Case 35: Almirez vs. Lopez, 27 SCRA 169
73.Case 36: Mortel vs. Aspiras, 100 Phil. 586
74.Case 37: Cabrera vs. Agustin 106 Phil. 256
75.Case 38: Cordova vs. Cordova, 179 SCRA 680
76.Case 39: Guevarra vs Eala A.C. 7136 Aug. 1, 2007
77.A filed a suit against B, they subsequently entered into a compromise
agreement, but C the lawyer of A objected because his attorney’s fee
have not been paid? Case 40: Jesalva vs. Bautista, 105 Phil. 348
78.Cases of Delay which can be considered condemnable:
79.Case 41: Gabriel vs. Ca 72 SCRA 273
80.Case 42: Macias vs. Uy Kim, 45 SCRA 251
81.Case 43: Masingin, et. al., vs. Hon. Ed Vincent S. Albano et. Al., G.R.
No. 86421 1994
82.Explain the principle that the practice of law is a profession and not a
money making trade?
83.What is the best form of advertisement for a lawyer? Case 44:
Director of Religious Affairs vs. Bayot, 74 Phil. 579
84.What should a law firm do if a partner already died?
85.Can the defense of proper support to his children be tenable when
the lawyer entered into a subsequent marriage while the first one still
subsist? Case 45: Conjuango, jr. vs. Palma, 438 SCRA 306 2004
86.Case 46: Macarrubo vs. Macarrubo, 424 SCRA 42 2004
87.Can a lawyer be disciplined for unjustly refused to satisfy the civil
aspect of the judgment in a crime of frustrated murder?
88.Case 47: Soriano vs. Dizon 480 SCRA 1 2006

The lawyer and the Legal profession:

89.Memorize Canon 7 – 9 including the rules for recitation.


90.How should a lawyer act in relation to his peers? CFC
91.Case 48: Zaldivar vs. Gonzales 166 SCRA 316
92.When is a strong language against a judge justified?
93.Case 49: Fernandez vs. Hon. Bello, 107 Phil. 1140
94.May a lawyer encroach upon the employment of another lawyer?
95.Case 50: Laput vs Ramontique, 6 SCRA 45
96.Case 51: A.C. No. 6396 October 25, 2005 ROSALIE DALLONG-
GALICINAO, Complainant, vs. ATTY. VIRGIL CASTRO
97.May a lawyer divide a fee for legal services with a non-lawyer?
98.Exceptions?
99.Can a lawyer delegate his authority to none lawyer?
100. Case 52: A.C. No. 7269 November 23, 2011ATTY. EDITA NOE-
LACSAMANA, vs. ATTY. YOLANDO F. BUSMENTE,
101. May a lawyer be the subject of disciplinary action if he alleges
unfounded accusations in his pleadings? Case 53: Re: Letter Dated 21
February 2005 of Atty. Noel S. Sorredo 464 SCRA 32 2005 –(A.M. 05-
3-04-SC 11sept.2006
102. What proper action should be warranted for this: using false
MCLE compliance number, performing notarial act without
commission?
103. Case 54: Mapalad Sr. v.Atty. Anselmo S. Echavez G.R. 10911
2017

TO BE CONTINUED…

(N.B. References reserved at the moment)

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