Quiz 1 (January 31, 2018)

1. Yes or No
a. Those transmitted by client for purpose of seeking legal advice. – YES
b. Documents handed to lawyers for purposes of custody - NO
c. Communications transmitted in anticipation of future crimes or fraud – NO
d. Information on crimes or fraud already committed – YES

2. T or F
a. A lawyer may represent conflict of interests upon written consent of all concerned after full
disclosure of the facts - TRUE
b. In determining conflict of interest , important criterion is certainty of conflict, not probability of
conflict - FALSE
c. It is proper for a lawyer to engage in influence peddling. - FALSE

3. Atty. F was consulted by a party and he gave his written opinion on the case where he stated
the case would not prosper. Hence, he did not handle the case. However, the opposite party
hired the services of Atty. F. Was there conflict of interest? Please explain.
(Yes, his representation of opposing clients in both cases, though unrelated, obviously
constitutes conflict of interest or, at the least, invites suspicion of double dealing. Even he
didn’t handle the case there is already a prior client-lawyer relationship after accepting the
opposing party.)

4. Atty. V is a CPA lawyer. He was the counsel of the estate of Mr. N. at the same time, the clients
of his accounting firm were claimants as creditors of the estate of Mr. N. is there conflict of
interest? Please explain.
(Yes, the breach of professional ethics and undersirable as it placed respondent’s and his law
firm’s loyalty under a cloud of doubt. A lawyer will not handle two cases involved in the same
set up. )

5. Atty. S. was the former personnel manager and counsel of T., Inc. Later he resigned when he
was appointed Asst. Provincial Prosecutor of Cagayan. He filed information as prosecutor based
on the complaints of employees of T, Inc. for withholding of their salaries without cause for the
period after he had left the company. Is there conflict of interest? Please explain.
(No, since the conflict or the case filed already happened after he resigned from his office.
The case he resolved as a prosecutor was labor-related is not a sufficient basis to charge
respondent for representing conflicting interests).

6. A) Define charging lien under Rule 138, Sec 37, Rules of Court.
(It is a lien to the extent of his attorney’s fees and legal disbursements on all judgments and
executions he has secured for his client. This lien refers to charging liens.)

B) State the steps to enforce a charging lien.

1. Stated of the lien recorded on the court.
2. Written notices to his clients and to the adverse party.

7. Give the rule on liens under Rule 16.03, CPR.

(The lawyer lien over the client’s funds and allows him to apply the same satisfy his lawful
fees and disbursements but giving notice promptly to the client.)
Quiz 2 (February 7, 2018)

1. State Canon 18.

(A lawyer shall serve his client with competence and diligence.)

2. T or F
a. The practice of law requires extraordinary diligence. - FALSE
b. “Command responsibility” applies to law firm practitioners in the exercise of due
diligence on the handling of cases by lawyers under their supervision in the law firm. -
TRUE
c. The lawyer has control over the client in the matters of law, choice of proceedings,
witnesses and stipulation of acts. - TRUE
d. The proper time to fix attorney’s fee is at the commencement of the lawyer-client
relationship. – TRUE

3. State the exception to the canon rule that a lawyer shall not undertake a legal service when
he knows that he is not qualified to render.
(He must not refuse to provide them with immediate legal advice necessary to protect
their rights. Thus, if the lawyer, for reasons of health, he could not handle the case he can
recommend competent lawyer who could render prompt assistance under
circumstances.)

4. State the threefold nature of an adequate preparation of a lawyer.

a. Sufficient knowledge of law and jurisprudence,
b. ability of trial technique.
c. proficiency of formulation of pleading.

b. Define “ Extortion”.
(The exaction of money either for the performance of a duty, the prevention of an injury,
or the exercise of an influence.)

c. What steps should a lawyer take if he receives information that his client has
perpetuated a fraud upon a person or tribunal?
(A lawyer will call the attention of his client to rectify the same, if failed the lawyer will
terminate his relation to his client in accordance of Rules of Court.)

d. Give the two (2) kinds of attorney’s fees and define each.
a. Ordinary – a reasonable fee for legal services rendered to his client.
b. Extraordinary - it is an attorney’s fees for indemnity for damages ordered by the
court to be paid by the losing party to the prevailing party in a litigation.
Quiz 3 (February 14, 2018)
1. Give the five (5) kinds of payment that may be stipulated upon by the client and lawyer.
a. Fixed fee regardless of success of case
b. Contingent fee depending on the success of the case
c. Fixed fee based on piece work
d. Fixed fee of total number of hours rendered
e. Fixed fee for appearance

2. Give the two (2) kinds of retainer agreement and define each.
(a. General fee is a fee paid to a lawyer to secure his future services as general counsel for
any ordinary legal problem.
(b. Specific fee is a fee pertains to the specific case or service rendered by the lawyers to his
client. )

3. Give five (5) cases when recovery of attorney’s fees may be had.
(BONUS) - not discussed in the class -

4. T or F
a. Contingent fees are not prohibited per se by but allowed under the Code of Professional
Responsibility. - TRUE
b. Ability of a lawyer is not determined by his income and length of service, but by the
character and quality of his work. - TRUE
c. Charging of attorney’s fee far beyond what is fixed in the law is malpractice, e.g., in labor
cases in excess of 10%. - TRUE
d. It is improper for a lawyer to receive any compensation for merely recommending another
lawyer to his client and render no legal service at all. - TRUE
e. Attorney’s fees can be shared with a non-lawyer – FALSE

5. Define a champertous contract.

(A contract that stipulates with his client that in the prosecution of the case, he will bear all
the expenses for the recovery of things or property being claimed by the client, and the latter
agrees to pay the former a portion of the thing or property recovered as compensation.)

6. Give the two (2) differences between a contingent fee and a champertous contract.
(it only differs when a lawyer will receives cash in contingent fee while in champertous
contract receives in kind.)
7. T or F
a. A lawyer may have reveal secrets of his client after the attorney-client relationship is
terminated. - FALSE
b. A lawyer may disclose affairs of the client of the law firm to the partners or associates
thereof. - TRUE

8. Give the three (3) exceptions when lawyer may reveal confidences of his client.
a. When authorized by the client after acquainting him of the consequences of the
disclosure.
b. When required by law
c. When necessary to collect his fees or depend himself, his employees or associates or by
judicial action.
Quiz 4 (February 21, 2018)
1. T or F
a. The prohibition to disclose secrets covers consultations by a prospective client, even if the
latter did not thereafter actively engage the services of the lawyer. - TRUE
b. A special appearance is where the party appears in court to seek general relief. - FALSE
c. A lawyer who is appointed as fiscal, upon his qualification as such, ceases as counsel for his
clients. - TRUE
d. If a lawyer is appointed to a public position which allows concurrent practice of law, he
should use his discretion on whether or not to withdraw from his cases. – TRUE

2. Give the two (2) basic requirements for withdrawal by a lawyer of his services from the case.
a. A good cause
b. An appropriate notice

3. Give the two (2) steps a lawyer should take upon withdrawal or discharge from the case.
a. Immediately turnover all papers and other properties.
b. Cooperate with orderly transfer all information to the new attorney that will hold the
case.

4. Give the two (2) kinds of appearances and define each.

(a. General Appearance- the party comes to the court either as the plaintiff or defendants
and seeks for general relief.
(b. Special Appearance – where the defendants appear in court solely for the purpose of
objecting to the jurisdiction of the court.)
5. T or F
a. The death of a lawyer who is a member of a law firm will not terminate the client-lawyer
relationship and the law firm will continue to handle the case. - TRUE
b. The death of a client automatically terminates the client-lawyer relationship. - TRUE
c. The right of the client to terminate his relationship with counsel is absolute, while the right
of a lawyer to withdraw or terminate the relationship other than for a cause considerably
restricted. - TRUE
6. Give the two (2) ways by which a lawyer may retire from a case.
a. Written consent of his client.
b. Permission of the court after due notice
7. Give the basic difference between a retaining lien and a charging lien.
(Charging lien does not rest upon the possession as in the case of retaining lien but upon the
equity of an attorney to be paid his fees out of the judgement.)
Quiz 5 (February 28, 2018)

1. Give the three (3) requisites of a charging lien.

a. Existence of a client- lawyer relationship
b. Favourable judgement secured by the counsel for his client which is money judgment.
c. Records of the case and motion of the statement of the lawyer’s claim for attorney’s fees
with copies furnished to client and adverse party.

2. T or F
a. A lawyer can have a charging lien on the land, subject of an action which he had successfully
prosecuted to established the title of his client thereto. - FALSE
b. Membership in the bar is a matter of right. - FALSE
c. A lawyer’s professional life and his private life may be the subject of inquiry by the proper
authorities at anytime. - TRUE
d. The Court of Appeals and the RTC are also empowered like the Supreme Court to warn,
admonish, reprimand, suspend and disbar a lawyer who appears before them. - FALSE
3. Give three (3) effects of disbarment.
a. Stricken out from the Roll of Attorneys.
b. No right to put in his name even the prefix of Atty.
c. Cannot sign pleadings even if he does not personally appear in court.

4. Give at least three (3) characteristics of a disbarment proceeding.

a. It can be initiated motu proprio by the Supreme Court or by the IBP.
b. It is itself due process of law.
c. In pari delicto, rule is not applicable.

5. Give at least five (5) grounds for disbarment.

a. Deceit
b. Malpractice, or other gross misconduct in office
c. Grossly immoral conduct
d. Violation of oath of office
e. Conviction of a crime involving moral turpitude.

6. Give the two (2) kinds of deceit.

a. False representation as to a matter of fact
b. Material facts are concealed or omitted with intent to deceive.

7. Give the two (2) elements of malpractice.

a. Failure of an attorney to use such skill, prudence and diligence as lawyers of ordinary skill.
b. Failure proximately causes damage it gives rise to an action.

8. Please indicate by “yes” or “no” if the following cases are grossly immoral so as to warrant
disciplinary proceedings for disbarment.
a. Voluntary cohabitation between a lawyer and single woman with two children. - NO
b. 28 year old lawyer and 30 year old woman had sexual intimacies, but the lawyer married
another woman. - NO
c. A Muslim judge had a second wife by a Muslim standard - NO
d. A lawyer abandoned his legal wife and had an illicit relationship with another woman. - YES
e. A lawyer had an affair with a married woman and admitted paternity of the child and agreed
to support him. – NO
Quiz 6 (March 7, 2018)
1. T or F
a. The violation of the oath of office of a lawyer is a ground for suspension or disbarment. - TRUE
b. If a Filipino lawyer is disbarred or suspended from the practice of law in a foreign jurisdiction on a
ground which includes any acts under Sec. 27, Rule 138 of the Revised Rules of Court, such disbarment
or suspension is not necessarily a ground for his disbarment or suspension in the Philippines. - FALSE
c. The prohibition under Art. 1491 applies to the purchase by lawyers of property under his control or
trust either directly or indirectly. - TRUE
d. The above prohibition applies to exercise by a lawyer of the right of redemption of property assigned
to him by his client. - TRUE

2. Give the three (3) exceptions when the purchase of client’s property is not in violation of the
law.
(a. when the property is not subject for litigation
b. When he acquired before he became the counsel of the client
c. When he acquired after the case involving the property had terminated)

3. Give the two (2) exceptions to the rule that the mistake of a lawyer binds the client.
a. When through recklessness and gross negligence of the counsel; the client is deprived of due
process of law.
b. Outright deprivation of one’s property through technicality.

4. T or F
a. Presumption of innocence exists in favour of a lawyer – respondent in a disbarment proceeding with
the burden of proof on the complainant. - TRUE
b. The quantum of evidence required in disbarment proceedings is preponderance of evidence. - TRUE
c. The Supreme Court and RTC may suspend, but not to disbar an attorney from practice of law. - FALSE
d. In complaints for disbarment, formal investigation is not mandatory. - FALSE
e. All what is required of a lawyer in the performance of his duties is to exert that degree of vigilance
and attention expected of a good father of a family. – TRUE

5. Give the three (3) offices authorized to investigate disbarment cases.

a. Supreme Court
b. IBP through its commission on BAR Discipline or authorized investigators.
c. Office of the Solicitor General
Quiz 7. (March 14, 2018)
1. T or F
a. If the recommendation of the Board of Governors is less than suspension such as
admonition, reprimand or censure of fine, said decision becomes final and executor if no
appeal is filled within the reglementary period. - TRUE
b. Personal knowledge is required, not of the complainant, but of his/her witnesses, if any, in a
disbarment proceeding. - TRUE
c. A case for disbarment may proceed regardless of the interest or lack thereof of the
complainant. - FALSE
d. Disbarment or suspension proceedings are confidential considering that the good
name/reputation of a lawyer hangs on the balance. - TRUE
e. Disbarment proceedings may as general rule be interrupted by an affidavit of desistance,
settlement, compromise or withdrawal of charges. – FALSE

2. Give the three (3) bodies that are involved in the disbarment proceedings against a lawyer.
a. Commission of BAR Discipline
b. Board of Governors
c. Supreme Court

3. Give the three (3) offices/bodies that may be designated by the Supreme Court as its
investigators.
a. Judges of Lower Courts
b. Officer of Supreme Court
c. Office of Solicitor General

4. State the rule in the Yu v. Atty. Palana case on the principle of a prejudicial question in
disbarment proceedings.
( A criminal prosecution will not constitute a prejudicial question even if the same facts and
circumstances are attendant in the administrative proceedings)

5. Atty. A was charged in a disbarment proceedings for falsification of a public document which
same acts was also the subject of a criminal case. Will the rule on the prejudicial question apply
in the sense that the criminal case has to be suspended. Please explain the effect on the status
of both the criminal case and disbarment proceeding.
(The rule said that to avoid contradictory findings, any administrative disciplinary proceedings
for the same act must await the outcome of the criminal case for falsification of a public
document)
6. T or F
a. A lawyer disbarred due to conviction of a crime is automatically reinstated upon pardon by
the president without need of taking any further action. - FALSE
b. An executive absolute and unconditional pardon granted during the pendency of a
disbarment proceeding will cause dismissal of the disbarment case. – TRUE

7. What are the legal effects of an absolute pardon granted.

a. During the pendency of a disbarment proceeding (the respondent was granted executive
pardon, the dismissal of the case on that sole basis will depend if absolute or conditional.)

b. After conviction of a crime. ( it removes the penalties and disabilities and restore him to all
his will rights.)