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Name: Brian C.

Montecillo
Course/Year: Llb-1
Subject: Basic Legal Ethics

Activity No. 1
Film: Boston Legal

Write down one or two sentences for each of the following questions:

1) Would you crush a close friend to win a lawsuit?


No, because the essence of winning a lawsuit encompasses an inherent
duty of a lawyer not only towards the court, its client, the public, but also
to his colleagues in the profession as well. In the film, I think it was
demonstrated by Alan Shore (Associate), as portrayed by James Spader,
his moral duty to safeguard the best interest of their relationship not only
as a firm but as colleagues in the profession as well. I think also it was just
a creation of impression towards the public that their firm does not
abandon those who have no legal counsel to represent for them in a case,
even though Denny Cranes, as portrayed by William Shatner, actuations
were caught in a serious legal issue to deal with in the firm.
2) In a nutshell, what is the nature of the relationship between a lawyer and
client?
The nature is a privilege communication and for that privilege to be raised
a lawyer-client relationship must exist. It is a kind of consultancy
relationship with a prospective client. In the film, there was a lawyer-client
relationship when the plaintiff brought a lawyer with him to their firm to
seek reparation or settlement but unluckily the lawyer withdrawn its
service for him. The second where Alan Shore assumed that he will stand
as the plaintiffs lawyer I think was not a firmed, clear decision for him to
stand as a lawyer for the plaintiff as the plaintiff was just remunerated by
a sum of money for him not to pursue his case against Denny Crane for
direct assault. In the case of MA. LUISA HADJULA vs. ATTY. ROCELES F.
MADIANDA, A.C. No. 6711, July 3, 2007, the Supreme Court expounded
that a lawyer-client relationship was established from the very first
moment complainant asked respondent for legal advice regarding the
formers business. To constitute professional employment, it is not
essential that the client employed the attorney professionally on any
previous occasion. It is not necessary that any retainer be paid, promised,
or charged; neither is it material that the attorney consulted did not
afterward handle the case for which his service had been sought. If a
person, in respect to business affairs or troubles of any kind, consults a
lawyer with a view to obtaining professional advice or assistance, and the
attorney voluntarily permits or acquiesces with the consultation, then the

professional employments is established. Likewise, a lawyer-client


relationship exists notwithstanding the close personal relationship
between the lawyer and the complainant or the non-payment of the
formers fees. In the film, the second occurrence of lawyer-client
relationship did not materialize as the client himself did not sought legal
advice to Alan Shore. Hence, it was just their tactic.

3) What does it take to be an ethical lawyer?


An ethical lawyer generally must comply with the formal disciplinary rules
in legal ethics which is the embodiment of all principles of morality and
refinement that governs the conduct of every member of the bar; act
ethically in his work, even when he isn't required to do so by any rule; and
to live an ethical life or live a well-balanced life.