Subject Matter: Conflict of Interest Concept: A lawyer is prohibited from representing conflicting interests.

There is conflict of interest 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 lawyer-client 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. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Generally, there is inconsistency of interests within the meaning of the prohibition when, on behalf of one client, it is the attorneys duty to contend for that which his duty to another client requires him to oppose, or when the possibility of such situation develops. 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. Year Asked: 1997, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006 Applicable Law: Rule 15.03, Code of Professional Responsibility Rule 21.07, Code of Professional Responsibility

Subject Matter: Rule on Lawyers Duty to Accept Losing Criminal and Civil cases Concept: a. A lawyer may accept a losing criminal case. 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 opinion regarding the guilt of said person. b. A lawyer may not accept a losing civil case. It is the lawyers duty to counsel and maintain such actions or proceeding only as appear to him to be just and such defenses only as he believes to be honestly debatable under the law. And it is his duty to decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or injure the opposite party or to work oppression or wrong. It is the right of the lawyer to undertake the defense of the person accused of a crime regardless of his personal opinion as to the guilt of the accused. Otherwise, victims only of suspicious circumstances might be denied proper defense. Regardless of his personal feelings a lawyer should not decline representation because a client or a cause is unpopular or community reaction is adverse. A lawyer should not decline to represent a person solely on account of his opinion regarding the guilt of said person. Year Asked: 1997, 2000, 2002, 2005

Law Applicable: Rule 138, Sec. 20(h), Rules of Court Rule 14.01, Code of Professional Responsibility Sec. 5, Rule 7, Rules of Court Sec. 20(a), Rule 138, Rules of Court Sec. 20(g), Rule 138, Rules of Court No. 5, Section 20(i), Rule 138, Canon 130, Canons of Professional Ethics Lawyers Oath

Subject Matter: Lawyers Right to Terminate Attorney-client Relationship Withdraw from the Case, When Allowed

and to

Concept: A lawyer may withdraw his services in 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 the 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 lawyer is elected or appointed to a public office; and f. Other similar cases. Year Asked: 1997, 1998, 2000, 2001, 2002, 2004, 2005 Applicable Law: Rule 22.01, Code of Professional Responsibility in rel. to Rule 15.07 and Canon 19, Code of Professional Responsibility Canon 22, Code of Professional Responsibility

Subject Matter: Privileged Communication Concept: A lawyer shall be bound by the rule on privileged communication in respect to matters disclosed to him by a prospective client. The rule on privileged communication provides that an attorney cannot without the consent of his client, be examined as to any communication made by the client to him. A lawyer shall preserve the secrets of prospective client. When a person consults a lawyer about a case, the latter permits the consultation and gives professional advice, the relationship of attorney and client

implicitly arises and does not require for its existence that consideration for professional services was paid, promised or discharged. The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidences forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed. Year Asked: 1998, 1999, 2006 Law Applicable: Canon 37 of the Canons of Professional Ethics Rule 15.02, Code of Professional Responsibility Sec. 21(b), Rule 130, Rules of Court

Subject Matter: Retaining Lien Concept: A retaining lien is the right of an attorney to retain the funds, documents, and papers of his client which have lawfully come to his possession until his lawful fees and disbursements have been paid, and to apply such funds in satisfaction thereof. Retaining lien is the right of the attorney to retain possession of a clients document, money or other property which comes into the hands of the attorney professionally, until the general balance due him for professional services is paid. A lawyer is authorized to retain the funds, documents and other papers of his client that have come into his possession in the course of professional employment until his fees have been paid. The rationale of the retaining lien is to compel payment causing embarrassment or anxiety to the client. Year Asked: 1998, 2000 Applicable Law: Rule 138, Section 37, Rules of Court Rule 16.03, Code of Professional Responsibility

Subject Matter: Reasonable Fee Concept: A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. Year Asked: 1997, 2005

Law Applicable: Rule 2.04, Code of Professional Responsibility

Subject Matter: Advertisements made by lawyers (Direct or Indirect) Concept: General rule is that a lawyer cannot advertise his talent as a shopkeeper advertises his wares. But not all types of advertising or solicitation are prohibited, that activity not being inherently malum in se. What makes advertising or solicitation improper is the employment of such methods as are incompatible with the traditional dignity of a lawyer and the maintenance of correct professional standards, or the use of artificial means to augment the publicity that normally results from what a lawyer does. By the act of advertising oneself as specializing in criminal law, the lawyer engages in self-laudation which is offensive to the dignity of the law profession and to further announce that his fees in criminal cases are nominal and his notarial services are free displays a brand of solicitation which is highly unprofessional. It also has the effect of destroying the honor of the noble profession and lowering its standards. A lawyer in making known his legal services should not use any false, fraudulent, misleading, deceptive, undignified or self-laudatory statements regarding his qualification or legal services. Year Asked: 1998, 2001, 2002, 2003 Law Applicable: Canon 3, Code of Professional Responsibility Rule 3.04, Code of Professional Responsibility Canon 27, Canons of Professional Ethics Rule 3.01, Code of Professional Responsibility

Subject Matter: Disqualifications of Judges Concept: A judge should take no part in a proceeding where the judges impartiality might reasonably be questioned. Year Asked: 1997, 1998, 1999, 2001, 2005 Applicable Law: Rule 3.12, Code of Judicial Conduct Rule 3.13, Code of Judicial Conduct

Subject Matter: Champertous Contract Concept: A champertous contract is one where the lawyer agrees to conduct the litigation in his own account and to pay the expenses thereof, and to receive as his fee a portion of the proceeds of the judgment. It is contrary to public policy and invalid because it violates the fiduciary relationship between the lawyer and his client. But if the lawyer, by agreement with his client, advances the expenses of litigation subject to reimbursement, the agreement is valid. Year Asked: 1999, 2000 Applicable Law: Canon 42 of the Canons of Professional Ethics

Subject Matter: Contingent Fee Contract; Distinguished from Champertous Contract Concept: 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. A contingent fee contract is one which stipulates that the lawyer will be paid for his legal services only if the litigation ends favorably to the client. A champertous contract is one whereby the attorney agrees to prosecute suits at his own expense for the recovery of things or property belonging to or claimed by the client, the latter agreeing to pay the former a portion of the thing or property recovered as compensation. The contract for contingent fee wherein the lawyer gets of the property subject matter of the litigation case if he wins the case is valid and proper. A contingent fee contract is one which stipulates that the lawyer will be paid for his legal services only if the litigation ends favorably to the client. A champertous contract is one whereby the attorney agrees to prosecute suits at his own expense for the recovery of things or property belonging to or claimed by the client, the latter agreeing to pay the former a portion of the thing or property recovered as compensation. Year Asked: 2000, 2002 Law Applicable: Canon 13 of the Canons of Professional Ethics

Subject Matter: Disbarment as a Sui Generis Concept:

A disbarment proceeding is sui generis, neither a civil nor criminal action. As such, the desistance by the complainant is unimportant. The case may proceed regardless of interest or lack of interest of the complainant. (Note: See also the reasons why disbarment proceeding is sui generis) Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines upon a verified complaint of any person. Year Asked: 2000, 2002 Applicable Law: Rule 139-B of the Rules of Court

Subject Matter: Who may Practice Law? Concept: Any person who has been duly licensed as a member of the bar in accordance with the statutory requirements and who is in good and regular standing is entitled to practice law. Year Asked: 2002, 2005, 2006 Law Applicable: Rule 138, Rules of Court

Subject Matter: Forum-shopping Concept: Forum-shopping is the improper practice of filing several actions or petitions in the same or different tribunals arising from the same cause and seeking substantially identical relief in the hope of winning in one of them. Year Asked: 1997, 1998, 2002 Applicable Law: Sec. 5, Rule 7, 1997 Rules of Civil Procedure

Subject Matter: Fiduciary Activities of Judges Concept: A judge shall not serve as the executor, administrator, trustee, guardian or other fiduciary EXCEPT for the estate, trust, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial

duties. Member of immediate family shall be limited to the spouse and relatives within the second degree of consanguinity. Year Asked: 1999, 2000, 2005 Applicable Law: Rule 5.06, Code of Judicial Conduct

Subject Matter: Non-payment of Debt/Obligation, Not a Valid Ground for Disciplinary Action Concept: A lawyer may not be disciplined for failure to pay his indebtedness. The remedy is to file a collection case before a regular court of justice against the lawyer. HOWEVER, unwarranted obstinacy in evading the payment of a debt has been considered as gross misconduct. Year Asked: 2001, 2002, 2005 Illustrative Cases: Toledo v. Abalos, 315 SCRA 419 Costantino v. Saludares, 228 SCRA 233

Subject Matter: Law Profession, Not a Business Concept: A lawyer shall avoid controversies with his clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. The legal profession is not a moneymaking trade but a form of public service. The practice of law is a noble profession and not a business because it treats of the most important interests of man, namely: life, liberty and property. The lawyers first duty is to maintain good administration of justice. In maintaining the causes confided to him, he should delay no man for money or malice. He should not reject for any personal reason the causes of the defenseless and the oppressed. Pecuniary rewards are but of secondary importance. The profession of law is more a mission than a business profession and therefore its object is not material reward but to promote the administration of justice; hence, where a lawyer in the pursuit of his calling, finds conformity with professional ethics difficult, he could seek other vocation. Year Asked: 1998, 2005 Law Applicable: Rule 20.04, Code of Professional Responsibility

Illustrative Case: Perez v. Scottish Union and National Insurance Co., 76 Phil. 325

Subject Matter: Alienation of Property in Litigation Concept: Judges, Justices, prosecuting attorneys, clerks of superior and inferior courts and other employees connected with the administration of justice cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another the property subject of litigation. The restriction against buying clients property forbids lawyers who take part in litigation professionally, from acquiring the property and rights, which are the object of the litigation to prevent the possibility of unscrupulous lawyers taking advantage of their clients. Year Asked: 1983, 1984, 1985 Law Applicable: Article 1491 of the Civil Code

Subject Matter: Practice of Law Concept: Practice of Law is defined as any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Year Asked: 1997, 2005 Illustrative Case: Cayetano v. Monsod, 201 SCRA 210

Subject Matter: Lawyer, Not to Accept Fee Not from Client Concept: A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interests, and rebate of forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. Year Asked: 1997, 2003 Law Applicable: Rule 20.03, Code of Professional Responsibility

Subject Matter: Mandatory Continuing Legal Education (MCLE) Concept: Continuing legal education is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. Year Asked: 2003, 2005 Law Applicable: RULES ON MANDATORY CONTINUING LEGAL EDUCATION (MCLE) FOR MEMBERS OF THE IBP

Subject Matter: Negligence of a Lawyer binds the Client, Exceptions Concept: It is well-settled that the negligence of counsel binds the client. The EXCEPTION is where the reckless or gross negligence of counsel deprives the client of due process of law or where its application results in the outright deprivation of ones property through a technicality, or when the application of the general rule will result in serious injustice. Year Asked: 2000, 2002 Illustrative Case: Salonga v. CA, 269 SCRA 534 SMC v. Laguesma, 236 SCRA 595 Cabales v. Nere, 94 SCRA 374 Valerio v. Sec. of Agriculture. 7 SCRA 719 PHCC v. Tiongco, 12 SCRA 595

Subject Matter: Steps to be Done When a Client Wants to Plead Guilty Concept: 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, (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, and (e) if the client still insists on pleading guilty, see to it that the prescribed procedure necessary to the administration of justice is strictly followed and disclosed in the court records. Year Asked: 2000, 2001

Subject Matter: Lawyers Duty to Refrain from Influencing a Judge Concept: A lawyer shall rely upon the merits of the cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. Year Asked: 2000, 2001 Law Applicable: Canon 13, Code of Professional Responsibility Rule 13.01, Code of Professional Responsibility

Subject Matter: Judges, Not Allowed in Private Practice Concept: A judge is prohibited from engaging in the private practice of law as a member of the bar or giving professional advice to clients. Year Asked: 2002, 2004 Law Applicable: Sec. 35, Rule 138, Rules of Court Rule 5.07, Code of Judicial Conduct

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