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ETHICS MIDTERM REVALIDA QUESTIONS Hypothetical Questions

Professor: Atty. Lyan David Juanico


2nd Semester, A.Y. 2019-2020 1. X, a lawyer, met Y, a married person, through a
dating app. During their first date, Y mentioned
Definition/Difference of Terms to X that Z, Y’s husband, left her for more than
10 years already and that she is currently in
1. What is the practice of law? search for a new partner. After weeks of
2. What is barratry? What is ambulance chasing? continuous dating, X and Y decided to have
How are they different? sexual intercourse. Can X be disbarred?
3. Who is an amicus curiae?
4. What is the sub judice rule? What is the principle 2. Can an accused charged with rape, who is not a
of open justice? lawyer, represent himself in the criminal action
5. Distinguish direct contempt from indirect pending before the Regional Trial Court?
contempt.
6. Distinguish witness coaching from witness 3. Atty. X went to the United States and after
preparation. twenty (20) years of living in the United States,
Atty. X acquired US citizenship. Years later, Atty.
Enumeration
X went back to the Philippines and decided to
1. Give at least five (5) lawyers exempt from the re-acquire his Philippine citizenship under R.A.
Mandatory Continuing Legal Education No. 9225 or “The Citizenship Retention and Re-
requirement. acquisition Act of 2003.” Can Atty. X resume his
2. What are the exceptions to the rule that a lawyer practice of law in the Philippines? If yes, what
shall not divide or stipulate to divide the payment should he do? If no, why?
of legal fees with persons not licensed to
practice law? 4. George, an American citizen doing business in
3. State at least five (5) government officials who the Philippines, bought a lot in Manila and
are absolutely prohibited from practicing law. secured the services of Atty. Henry for the
4. When can a municipal mayor practice law execution of the required documents. Atty.
concurrently? Henry prepared a Deed of Sale of Land using
the name of George’s friend, Pete, as the buyer.
Codal Provisions In order to protect George’s interest and ensure
his free and undisturbed use of property for an
1. State Canon 1, Rule 1.01, Rule 1.03 and Rule indefinite period of time, Atty. Henry also
1.04 of the Code of Professional Responsibility. prepared a Counter Deed of Sale and
2. State Rule 12.07 and the rights of a witness. Occupancy Agreement signed by Pete in favor
3. State the Lawyer’s Oath. of George. A competitor of George filed a
4. State Canon 6, Rule 6.01, Rule 6.02 and Rule complaint for disbarment against Atty. Henry.
6.03. Rule on the complaint and explain.

Cases
5. Atty. Avaro has consistently failed to pay his
1. State the facts, issue and ruling in the case of annual IBP dues for several years. Demand
International School Manila vs. Court of Appeals. letters have been sent to him and he has
2. State the facts, issue and ruling in the case of acknowledged receipt of these letters. However,
Estrada vs. Sandiganbayan. all the IBP's efforts proved futile. As a result, the
3. State the facts, issue and ruling in the case of IBP sent Atty. Avaro a notice that his name
Atty. Iris Ui vs. Bonifacio would be stricken off the Roll of Attorneys. Was
4. State the facts, issue and ruling in the case of the IBP's actions correct? (choose and explain
PCGG vs. Sandiganbayan. your answer)
5. State the facts, issue and ruling in the case of
Alonso vs. Villamor. (A) No, because default in the payment
6. State the facts, issue and ruling in the case of of annual dues only warrants
Evelyn Paradero vs. Hon. Albert Abragan. suspension of Integrated Bar members.
(B) Yes, because non-payment of castigating Atty. Padilla, be held liable for
annual dues is an indicator of the unethical conduct against the Court of Appeals?
lawyer’s moral fitness; refusal to pay is
refusal to honor his obligation to the IBP. 9. Atty. X has pending cases before the sala of
Judge Y. Atty. C sent Judge Y a friend request in
(C) No, because failure to pay affects a Facebook. Is Atty. X administratively liable?
member's capability to practice, but not Explain.
his membership in the Bar.

(D) Yes, because payment of


membership dues and other lawful
assessments are conditions sine qua
non to the privilege of practice law and
to the retention of his name in the Roll of
Attorneys.

(E) None of the above choices is


correct.

6. Atty. A objects to the collaboration of Atty. B as


proposed by Client C in a pending case. How
would Atty. A, Atty. B and Client C handle the
situation?

7. Myrna, petitioner in case for custody of children


against her husband, sought advice from Atty.
Mendoza whom she met a party. She informed
Atty. Fernandez that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees
when all he does move for postponements which
have unduly delayed the proceedings; and that
recently, she learned that Atty. Khan
approached her husband asking for a huge
amount in exchange for the withdrawal of her
Motion for issuance of Hold Departure Order so
that he and his children can leave for abroad.
(answer both subquestions)

(1) Is it ethical for Atty. Mendoza to


advise Myrna to terminate the services
of Atty. Khan and hire him instead for a
reasonable attorney’s fees?

(2) What should Atty. Mendoza do about


the information relayed to him by Myrna
that Atty. Khan approached her husband
with an indecent proposal?

8. In his petition for certiorari filed with the


Supreme Court, Atty. Dizon alleged that Atty.
Padilla, a legal researcher in the Court of
Appeals, drafted the assailed Decision; that he is
ignorant of the applicable laws; and that he
should be disbarred. Can Atty. Dizon, in