EXAM IN BASIC LEGAL ETHICS

Atty. Lhem Japos Naval, MA

1. Atty. Cyril was the lawyer of Ah Moy, a Taiwanese investor, in a case for estafa
filed against Ho Bah, an investor from East Asia. In the said case, Ho Bah was
represented by Atty. Silver. Since Ho Bah failed to appear during the
preliminary investigation of the case nor did he submit his counter affidavit, the
prosecutor handling the case filed a criminal complaint for estafa before the
Manila RTC. On April 8, 1999, the Manila RTC issued a Warrant of Arrest
against Ho Bah. Thereafter, Atty. Silver filed an urgent motion to Quash the
Warrant of Arrest. He also filed with the RTC of Zamboanga City, the place of
Ah Moy’s and Ho Bah’s mothballed joint venture, a civil complaint for the
collection of a sum of money and damages as well as the dissolution of a
business venture against Atty. Cyril, Ah Moy and the prosecutor. When
confronted by Atty. Cyril, Atty. Silver explained that it was his client who had
decided to institute the civil action against him. Atty. Silver claimed that he
would suggest to his client to drop the civil case, if complainant would move for
the dismissal of the estafa case. Comment on the irregularity, if any, of the
actions of Atty. Silver. (10 points)

2. Who are the public officials prohibited from engaging in the practice of law?
Enumerate. (8%)

3. Upon being replaced by Justice C, Atty. B, the former counsel of the parents of
the victims of the OZNE disco tragedy, was directed to forward all the
documents in his possession to Justice C. Atty. B refused, demanding full
compensation pursuant to their written contract. Sensing that a favorable
judgment was forthcoming, Atty. B filed a motion in court relative to his
attorney’s fees, furnishing his former clients with copies thereof. IS Atty. B
legally and ethically correct in refusing to turn over the documents and in filing
the motion? Explain. (5%).

4. Paguio and Alonte, both lawyers, and Gana, a certified public accountant, in
order to enhance their respective practice, desire to pool their resources
together and establish a partnership for the combined purpose of law and
accounting practice under the firm name, Gana, Alonte and Paguio or GAP Law
etc. and Associatess. Is the proposed partnership ethical ? (5%)

5. Who may practice law in the Philippines? Enumerate. (7%)

6. May a Filipino citizen who studied law in foreign law school be allowed to take
the Philippine Bar examinations? (5%)

7. Is it not that practice of law is not a business, hence, the services of a lawyer
should be free? Explain. (5%)
8. Christine was appointed counsel de oficio for Zuma, who was accused of raping
his own daughter. Zuma pleaded not guilty but thereafter privately admitted to
Christine that he did commit the crime charged.
a. In light of Zuma’s admission, what should Christine do? Explain. (5%)

b. Can Christine disclose the admission of Zuma to the court? Why or why
not? (5%)

c. Can Christine withdraw as counsel of Zuma should he insist in going to trial?

Explain. (5%)

9. State and explain five important points from the Lawyer’s oath. (10%)

10. What should a lawyer do if he cannot accept a case? (5%)

11. Differentiate barratry with ambulance chasing. (5%)

12. Define: 2 points each

1. Bench
2. Attorney ad hoc
3. Client
4. Law fim
5. Disbarment
6. Amicus curiae
7. Private practice
8. Notary public
9. Solicitor
10. Attorney’s fees