Professional Documents
Culture Documents
Question No. 4
Atty. A was found guilty of indirect contempt by C filed a verified administrative complaint
the Regional Trial Court and summarily against Atty. D. In the course of investigation, C
suspended indefinitely from the practice of law. presented an affidavit of desistance which she
Atty. A appealed to the Supreme Court. Is his identified on the witness stand. What course of
appeal meritorious? Reason. (5%). action should the investigator take? Explain.
(5%).
Answer:
Answer:
His appeal is meritorious. A person cannot be
summarily penalized for indirect contempt. In The investigator should continue with the
indirect contempt, the law requires that there can investigation. A disbarment proceeding is sui
be a charge in writing duly filed in court and an generis, neither a civil or criminal action. As
opportunity to the person charged to be heard by such, a desistance by the complainant is
himself or counsel. unimportant. The case may proceed regardless
of interest or lack of interest of the complainant
(Rayos-Ombac v. Rayos, 285 SCRA 93 (1998).
If the evidence on record warrants, the
Question No. 5
respondents may be suspended or disbarred
Atty. X filed a notice of withdrawal of regardless of the desistance of the complaint. Of
appearance a counsel for the accused Y after the course, if the complainant refuses to testify and
prosecution rested its case. The reason for the the charges cannot then be substantiated, the
court will have no alternative but to dismiss the public policy and invalid because it violates the
case. fiduciary relationship between the lawyer and
his client (Bautista v. Gonzales, 182 SCRA 151
(1990). In effect, he is investing in the case with
Question No. 7 the expectation of making profit. The practice of
law is a profession ad not a business venture.
Atty. E entered his appearance as counsel for
defendant F in case pending before the regional
Trial Court. F later complained that he did not
b) A contingent fee contract is an agreement in
authorize Atty. E to appear for him. F moved that
which the lawyer’s fee, usually a fixed
the court suspended Atty. E from the practice of
percentage of what may be recovered in the
law. May the judge grant the motion? Explain.
action, is made to depend upon the success in the
(5%).
effort to enforce or defend the client’s right. It is
a valid agreement. It is different from
champertous contract in that the lawyer does not
Answer: undertake to shoulder the expenses of the
The judge may grant the motion. Unauthorized litigation.
appearance is a ground for suspension or
disbarment (Sec. 27, Rule 138, Rules of Court).
Question No. 9
a) Define an attorney’s retaining lien. (2%)
Alternative Answer:
b) G was appointed administrator of the estate of
It depends. A lawyer’s appearance for a party her deceased father. She engaged the services of
without the authority of the latter must be wilful, Atty. H as her personal counsel to represent her
corrupt or contumacious in order that he may in court proceedings. G later discharged the
held administratively liable therefor. But if he services of Atty. H. Invoking his retaining lien,
has acted in good faith, the complaint for Atty. H retained documents bearing on the estate
suspension will fail. (Garrido v. Quisumbing, 28 of the decedent of the documents justified?
SCRA 614 (1969). Explain. (3%).
Alternative Answer:
In case of In Re: Dela Rosa, 27 Phil. 258 (1914),
the Supreme Court held that where a lawyer
acted as attorney for both a vendor and a
purchaser, whose interest wee diametrically
opposed to each other, but either the knowledge
and consent of both parties, this did not
constitute malpractice under the law. Neither
party was deceived by the lawyer, and neither
one suffered involuntary damages by reason of
his action. Nevertheless, the lawyer’s conduct
constituted a practice severely to be condemned.
Question 6: Question 7:
Atty. CJ handled the case for plaintiff GE against A. May a lawyer decline a request for free legal
defendant XY. In an action for damages, aid to an indigent accused made by a chapter of
Judgment was rendered for plaintiff GE. When a the Integrated Bar of the Philippines?
writ of execution was issued, the sheriff levied
B. Will your answer be different if the legal aid Answer:
is requested in a civil case?
A. Atty. Z should not accept the case. When A
consulted him about his complaint against B and
C, a lawyer and client relationship was
Answer: established between A and Atty. Z. He cannot
A. Rule 14.02 of the Code of Professional subsequently represent B against A in amatter he
Responsibility provides that “a lawyer shall not was consulted about. This constitutes conflict of
decline, except for serious and sufficient cause, interest. It does not matter if Atty. Z is not
an appointment as counsel de officio or as handling the case for A.
amicus curiae or a request from the Integrated
B. Rule 21.07 of the Code of Professional
Bar of the Philippines or any of its chapter for
Responsibility provides that a lawyer shall not
rendition of free legal aid. He may, decline such
reveal that he has been consulted about a
appointment for serious and sufficient cause. For
particular case except to avoid possible conflict
example, he may decline if such appointment
of interest. In this case, he has to reveal to B that
will involve conflict of interest with another
he had been consulted by A on the case that B if
client.
offering to retain his services, in order to avoid a
B. My answer will not be exactly the same, possible conflict of interest.
because in a civil case, the lawyer can also
decline if he believes the action or defense to be
unmeritorious. He is ethically bound to maintain Question 9:
only actions and proceedings which appear to
When a proceeding for disbarment case is
him to be just and only such defenses which he
considered sui generis?
believes to be honestly debatable under the law.
Answer:
Question 8:
A disbarment proceeding is considered sui
Six months ago, Atty. Z was consulted by A
generis or a class by itself, because of the
about a four –door apartment in Manila left by
following reason:
her deceased parents. A complained that her two
siblings B and C, who were occupying two units 1. It is neither civil nor a criminal proceeding;
of the apartment were collecting the rentals from
the other two units and refusing to give her any 2. Double Jeopardy cannot be availed of as a
part thereof. Atty. Z advised A to first seek the defense;
intervention of her relatives and told her that, if 3. It can be initiated motu proprio by the
this failed he would take legal action as A asked Supreme Court or by the IBP;
him to do. Today September 22, 2002 B asks
Atty. Z to defend him in a suit brought by A 4. It can proceed regardless of conflict of interest
against him (B) and C through another counsel. or lack of interest of the complainant
Answer:
Section 35, Rule 138 of the Revised Rules of
Court and Rule 5.07 of the Code of Judicial
Conduct prohibit a judge from engaging in the
private practice of law as a member of the bar
giving professional advice to the clients. In the
case of (De Castro vs Capulong, 118 SCRA 5)
the Supreme Court Ruled that a judge who
merely acted as a witness to a document and who
explained to the party waiving his rights of
redemption over the mortgaged property and the
consequence thereof, does not engage himself in
the practice of law. This appears to be more
applicable to the case of Judge Maawain. He did
not give professional advice in anticipation of
litigation. He was just asked to review was a
deed of extrajudicial settlement of estate. He
signed merely as an instrumental witness and not
as a legal counsel.