. FINAL EXAMINATION IN LEGAL ETHICS Second Semester SY 2016-2017 11 May 2017 Justice Ma, Theresa Mendoza-Arcega Instructions Begin your answer to each numbered question on a separate page; an answer to a sub-question under the same number may be written continuously on the same page and succeeding pages until completed. ‘Answer the questions directly and concisely. Do not repeat the question. Write legibly. HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE i GOOD LUCK! ‘ 5 ey 1 Write TRUE if the statement is absolutely correct. Write FALSE if incorrect and state reason/s for your answer. (2 points-€ach), ” % a) A lawyer should not accept a éase of an aecused whom he believes is guilty of a crime charged. . b)-A:lawyer has full control:of the'proceedings.in the case he is handling, thus; he could enter into compromisé.agreement: with~the~adverse party even without-the knowledge of his client if it would admit of fair settlement. ©) A lawyer may witfidraw his. services at any time for just cause. d) A lawyer who haunts hospitals, and visits homes of the afflicted, persistently offering his service ona contingent fee basis is engaged in barratry. e) Lawyer's fee on contingent basis is unethical. f) Counsel cannot agree to give 15% of his acceptance fee to a non-lawyer who referred a case to him. g) The legal profession is akin to business where ‘attorney's fees is indispensable. 'h) A law-student unde the Law Student Practice Rule is bound by the rule on ».. privileged:communication. i)A lawyer protects the best interest of a client, hence, it is ethical for the lawyer to advise his client to go into hiding to evade service of sentence. j) A lawyer shall not reveal the secrets and confidences of his clients except when compelled by the Court. I ‘A, a lawyer was appointed counsel ae oficio by the court. Since he is a mere counsel de oficio, will it affect his relationship with his client considering that he has no compensation? Why? (5 points) nr a) What is quantum meruit? Give example. (5 points) Page 1 of 3b) What are the factors considered in determining reasonableness of attorney's fees per Rule 20.01? (5 points) Vv What are the grounds for the withdrawal of a lawyer? (5 points) Vv The accounting firm of Atty. V prepared the list of assets and liabilities of the estate of A and at the same time computed the claims of two creditors of the estate. Is there a representation of conflicting interest in allowing his accounting firm to represent the two creditors in the proceedings for the settlement of the estate of A which his law firm represented? Why? (5 points) vt See, a A lawyer handled a case before the MTC. Despite his “failure to submit the position paper and affidavits required, judgment’ Was-renderéd forvhis client. On appeal to the RTC, he failed to file the brief.on appeal, thus; judgment was rendered against his client. He was charged with:violation.of the lawyer's oath termed as professional delinquency or infidelity, s, fe guilty of the charge against him? Explain. (5 Points) g _ VIE a. May a lawyer purchase,a property of his céfit subject of litigation during the pendeney of litigation? (5 points) b. Does the prohibition include'a mortgage? (2 points) NEIL A lawyer assured his’client, that:he could secure a Temporary Restraining Order (TRO) tg:stop the execution of a judgment because the judge is his “katsokaran” and pegged P50,000.00 as attorney's fees. He was asking for an additional 30,000.00 on representation that he would buy the judge a new cellphone for a Gift to strengthen their position in'the case. If you were the client, will you get said. lawyer as counsel? Why? (5 points) x Dies Is the personal life of a judge also regulated by the New Code of Judicial Conduct for the Philippines Judiciary? (5 points) x ‘Atty. Capelian plans to join the judiciary. He has been a lawyer for about twenty years now. He has been an esteemed member of the Integrated Bar of the Philippines, a legal consultant to a number of business entities, and an ‘of counsel’ of a medium-size law firm. Strangely enough, however, he has yet to see a courtroom. Never, during his 20-year stint as a lawyer, has he had the opportunity to conduct any actual trial or litigation work. Does he possess the necessary qualifications for a Regional Trial Court judge? (5 points) Page 2 of 3xI Ina case before him, it was the son of Municipal Trial Court Judge Canoza who appeared as counsel for the plaintiff. After the proceeding, judgment was rendered in favor of the plaintiff and against the defendant. Yancy, the defendant in the case, complained against Judge Canoza for not disqualifying himself in hearing and deciding the case. In his defense, Judge Canoza alleged that he did not disqualify himself in the case because the defendant never sought his disqualification. Is Judge Canoza liable for misconduct in office? (5 points) XII Justice Gascon of the Court of Appeals, by mutual agreementof, two"opposing parties, asked him to be their sole arbitrator in the controversy, that ‘arose ‘out of the construction of a building in Makati City. The fee that. would be paid to him was substantial, it amounting to double his annual Salary arid. allowances. When Justice Gascon declined the offer, the parties suggested that he go on leave of absence for three months to enable him, to the job. May:Justice Gascon accept the work offered to him while on leave of absence? (5 points) “XIIL Briefly describe the 6 canons. of the New ‘Code of Judicial Ethics. (3 points each) -», Nothing follows - Page 3 0f 3