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2.
ANSWER:
1. The relationship between an attorney and client is fiduciary,
confidential and personal. By virtue thereof, the lawyer
owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed upon him.
2.
ANSWER:
Atty. Andaya has the right to demand attorneys fees
based on an implied contract and for services rendered. The
determination of the amount of attorneys fees will be based on
quantum merit, namely; time spent and extent of services
rendered; novelty of the case; importance of the subject matter;
skill demanded; probability of losing other employment;
customary changes; amount involved; contingency or certainty
of compensation; professional standing and capacity of the
client to pay.
QUESTION:
Cite at least five (5) valid reasons under any of which
a lawyer may be allowed to withdraw from a case even without
her clients consent.
ANSWER:
QUESTION:
1.
2.
3.
4.
5.
6.
QUESTION:
Miss Liwa engaged the services of Atty. Andaya, a
young lawyer and her former boyfriend, to act as her counsel in
a case. True to his lawyers oath, Atty. Andaya represented her
to the best of his ability even when he had no opportunity to talk
to her on the progress of the case. When the case was
terminated, Liwa refused to pay Atty. Andayas fees on the
ground that there was no written contract of their professional
relationship.
1.
ANSWER:
Liwa may not justify her refusal to compensate Atty. Andaya
for his legal service. A lawyer is entitled to attorneys fees for
services rendered even in the absence of a contract for
attorneys fees.
ALTERNATIVE ANSWER:
She had the right to assume that, that because of the
past relation, she can presume that the services will be
rendered for free.
QUESTION:
For his failure to appear for trial despite notice, Atty. Ej
was summarily pronounced guilty of direct contempt and was
fined Php 10,000.00 by the judge.
Is the judge correct?
ANSWER:
The judge is not correct. A lawyer who fails to appear
for trial is only liable for indirect contempt, which cannot be
punished summarily. (People v. Torio, 118 scra 14; Atty.
Himiniano D. Silva v. Judge German G. Lee, 169 scra 512).
QUESTION:
X, a mere high school graduate, with the aid of a
friend who is a college undergraduate, filed a complaint for
recovery of a sum of money in the amount of Four Thousand
(Php 4,000.00) Pesos in the Metropolitan Trial Court of his town.
QUESTION:
Enumerate the factors, which serve as a guide for a
lawyer in determining his fees.
ANSWER:
QUESTION:
The factors are the following:
X, a law graduate but has not passed the bar
examination, filed a Complaint in the Regional Trial Court for
recovery of Fifty Thousand (Php50, 000.00) Pesos owed him by
Z. At the hearing of the case after Answer was filed, X appeared
by himself alone and without counsel to prosecute his case. The
defendant pointed out to the Court that X was not a member of
the bar and suggested that for his own protection, X should
engage the services of a counsel duly accredited as member of
the Bar. The judge intimated his willingness to reset the hearing
of the case another day to enable plaintiff to engage the
services of counsel. Plaintiff replied he could manage to
prosecute his own case, it being a simple case for collection of
sum of money. If you were the Judge, will you allow X to
continue prosecuting his case by himself alone?
SUGGESTED ANSWER:
Section 34, Rule 138 of the Rules of Court provides
that in a Regional Trial Court, a party may conduct his litigation
personally or by aid of an attorney, and his appearance must be
either personal or by a duly authorized member of the bar.
Hence, If I were the judge, I will allow A to continue prosecuting
his case alone, but I will warn him about the risks involved in his
doing so because of his lack of knowledge of the law and legal
procedure.
ALTERNATIVE ANSWERS:
1.
2.
1.
QUESTION:
The law firm of Bugs Bunny, Tweety Bird, and Daffy
Duck had been in existence for almost 25 years and had built up
an excellent reputation and a well-heeled clientele. Sometime
last year, partner Daffy died of Heart disease but Bugs Bunny
and Tweety refused to drop his name from the firm name.
May Bugs Bunny and Tweety insist on keeping the
name of Daffy as part of the firm name?
ANSWER:
Yes. They may continue to use the name of Daffy in
the firm name, provided that they indicate in all communications
that he is deceased. Rule 3.02, Canon 3 of the Code of
Professional Responsibility provides that the continued use of
the name of a deceased partner is permissible provided that the
firm indicates in all its communications that the said partner is
deceased.
ALTERNATIVE ANSWER:
QUESTION:
Brad was criminally charged with violation of a special
law. He tried to engage the services of Atty. Pitt. Atty. Pitt
believed, however, that Brad is guilty on account on which he
declined. Would it be ethical for Atty. Pitt to decline?
QUESTION:
ANSWER:
1.
2.
ANSWER:
1.
2.
A lawyer may withdraw as counsel only with the
consent of the client and with leave of Court, and only for
good cause enumerated in Rule 22.01.