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EXAMINATIONS
LEGAL AND JUDICIAL
ETHICS
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ACADEMICUS
REVIEW CENTER
2018 Mock Bar
Examinations
I.
III
After issuance of the entry of judgment, counsel for defendant, Atty. Jose,
filed no less than twelve (12) motions in connection with such entry of
judgment. He also filed several original cases in various courts if only to.
forestall the Implementation of the writ of execution issued in the same case.
Are Atty. Jose's actions proper?
No. Under the Lawyer’s Oath (Rule 1.03, Canon 1), a lawyer
shall not, for any corrupt motive or interest, encourage any suit
or delay any man’s cause. Because a lawyers is an officer of
the court called upon to assist in the administration of justice,
any act of a lawyer that obstructs, perverts, or impedes the
administration of justice constitutes misconduct and justifies
disciplinary action against him. (Salabao vs. Atty. Villaruel,
August 24, 2015).
IV
Atty. Chua helped Wilma, best friend of Atty. Chua's law school classmate,
in drafting of criminal complaint-affidavit. Atty. C hua also· gave her
personal opinion on the matter. Atty. Chua received part of attorney’s
fees Wilma paid to her counsel, but did not officially serve as Wilma's
counsel and did not appear in all the hearings of the case. Is there lawyer-
client relationship between Atty. Chua and Wilma?
VI
VIII.
In settling his client's claim, Atty. Cortez received from the adverse
party P200,000.00 in cash for his client. Thereafter, Atty. Cortez
deposited the cash in his own bank account and later issued .his
personal check to his client, less his fees. Is Atty. Cortez's action
justifiable?
No. A lawyer shall hold in trust all moneys and properties of his
client that may come into his possession and account for all money
or property collected or received for or from his client. (Rule 16.01
and Canon 16, CPR). Specifically, a lawyer should keep the funds of
his client separate and apart from his own and those of others kept by
him. (Rule 16.02, Canon 16, CPR). Hence, Atty. Cortez’s action is
not justifiable.
IX.
After Atty. Arguendo got a P2 million final judgment in his client's
favour, he promptly asked the court, without informing· his client,
to allow him a charging lien over the money in the amount of
P500,000.00, his agreed fees. The court issued a Writ of Execution
for the whole judgment in Atty. Arguendo's name with an order to
turn over the excess to his client. Is Atty. Arguendo's action
correct?
No. A lawyer shall deliver the funds and property of his client
whenever they are due the latter. And the law states that he
shall have a lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees, by
giving notice promptly to his client. (Rule 16.03, Canon 16,
CPR). In this case, Atty. Arguendo obtained the money from
final judgment, without informing his client about such final
judgment in the first place, and his intention to apply part of
the judgment to his charging lien. Hence, Atty. Arguendo’s
action is not correct.
X
Complainant paid Atty. Mendoza attorney's fees and expenses, but
failed to perform the work .for three (3) years and refused to
return the fees and expenses so paid. Atty. Mendoza in his
comment invoked his retaining lien. What is Atty. Mendoza required
to do if he fails to perform his duties despite collecting fees?
If a lawyer collects money from client for particular purpose,
he must account how the money was spent, or return the
same if not spent. Otherwise, misappropriation is presumed.
His retaining lien must have these elements: 1) lawyer-client
relationship; 2) lawful possession of funds, documents, etc.; 3) unsatisfied
claim for attorney’s fees. Accounting and notice to client are also required.
(San Pedro vs. Atty. Mendoza, December 10, 2014).
XI.
.
Complainant alleged that as retained counsel, Atty. De la Rosa
borrowed the amount of P2,500,000 and promised to pay with
interest. Upon demand,, Atty. Dela Rosa not only refused to pay,
but alleged that it was another person who actually borrowed
the money. Is Atty. Dela Rosa’s action justified?
XII.
Atty. Lacaya entered into a written contingent fee for P20,000
in case Cadavedo prevails in a case. Later, Atty. Lacaya orally
asked for one-half of the property subject of the case as attorney's
fees. He caused the subdivision of the lot and got the more
valuable half thereof. Is Atty. Lacaya's action correct?
XIII
XIV
JUAN CRUZ,
Pe
titioner,
- versus - CIVIL CASE NO. 13-
0846
VENANCIO IGNACIO
Resp
ondent.
x--------------------
-----x
NOTICE OF HEARING
ATTY B
(Counsel for the respondent)
No. 7 Almond Street, Apple Village 1
Tagbilaran City, Bohol
XV
VERIFICATION AND
CERTIIFCATION OF NON-FORUM SHOPPING
I, JUAN CRUZ, Filipino citizen, of legal age, married and a resident of #701
Tramo St., Tagbilaran City, Bohol, Las Pinas City after having been duly sworn to
in accordance with law, do hereby depose and state the following:
JUAN CRUZ
NOTARY PUBLIC
Doc No. _________
Page No._________
Book No._________
Series of 2018_____
XVI
JUAN CRUZ,
Pe
titioner,
- versus - CIVIL CASE NO. 13-
0846
VENANCIO IGNACIO
Resp
ondent.
x--------------------
-----x
EXPLANATION
COMES NOW, JUAN CRUZ by himself and in his behalf, unto
and alleged :
2018 within the reglamentary period of filing the same under the
because my child was sick and I have to attend to him and bring
law.
JUAN CRUZ
-END-
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