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2.

QUESTIONS AND ANSWERS


IN LEGAL ETHICS
QUESTION:
1.

Discuss briefly your understanding of the relationship


between an attorney and his client?

2.

How is such a relationship created? Explain your answer

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.

The attorney and client relationship is created by implied or


express contract. The relationship is also created if he is a
court appointed counsel.

If Liwa cannot, upon what basis then may Atty. Andaya be


compensated? What are the considerations to be taken
into account?

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.

When the client pursues an illegal or immoral course of


conduct in connection with the matters he ( the lawyer) is
handling;

2.

When the client insists that the lawyer pursue conduct


violative of these canons and rules;

3.

When his inability to work with co-counsel will not promote


the best interest of his client;

4.

When the mental or physical condition of the lawyer


renders it difficult for him to carry out the employment
effectively;

5.

When the lawyer is elected or appointed to a public office;

6.

Other similar case. (Rule 22.01, Code of Professional


Responsibility).

Explain the meaning and ramifications of this statement:


The judge is an arbiter of law and minister of justice.
ANSWER:
This statement is taken from a decision of the
Supreme Court in Alonso v. Intermediate Appellate Court, 150
SCRA 259. It means that a judge should not unfeelingly literally
apply the law yielding like robots which may result in gross
injustice. He should interpret and apply the law for the main
purpose of administering justice.

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.

Can Liwa justify her action?

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.

The Clerk of Court told X that his complaint might be dismissed


for insufficiency as to form because neither he nor his friend
who is assisting him is a lawyer.
Is the Clerk of Court correct?
ANSWER:
The Clerk of Court is not correct. In the Municipal Trial
Court or Municipal Circuit Trial Court or Metropolitan Trial Court,
a party may conduct his litigation in person, with the aid of an
agent or friend appointed by him for the purpose, or with the aid
of an attorney. (Sec. 34, Rule 138, Rules of Court).

lawyer shall not decline to represent a person solely on account


of the latters race, sex, creed, or status of life, or because of his
own opinion regarding the guilt of said person. It is for the
Judge, not the lawyer, to decide the guilt of the accused, who is
presumed to be innocent until his guilt is proven beyond
reasonable doubt by procedure recognized by law.

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.

If I were the judge, I will not allow A to prosecute his


case. Although he is a law graduate, it does not
appear that he is familiar with procedural law, having
filed the case with the RTC, which has no jurisdiction
over the case in view of the amount involved. The
judge is duty bound to see to it that there is no
miscarriage of justice.
No. I shall dismiss the case for lack of jurisdiction
because the amount of Php 50,000.00 is within the
jurisdiction of the MTC not the RTC.

1.

The time spent and the extent of the services rendered/


required;
2. The novelty and difficulty of the questions involved;
3. The importance of the subject;
4. The probability of losing other employment as a result of
acceptance of the preferred case;
5. The skill demanded;
6. The customary charges for similar services and the
schedule of the fees of the IBP to which he belongs;
7. The amount involved in the controversy and the benefited
resulting to the client from the services;
8. The contingency or certainty of compensation;
9. The character of the employment, whether occasional or
established; and
10. The professional standing of the lawyer. (Rule 20.1, Canon
20, Code of Professional Responsibility).

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?

They may keep the name of Daffy provided that the


consent of the heirs is obtained.

QUESTION:

ANSWER:

1.

May a client dismiss his lawyer at any time?

It would not be ethical for Atty. Pitt to decline. Rule


14.01 of the Code of professional Responsibility provides that a

2.

May a lawyer withdraw as counsel at anytime?

ANSWER:
1.

A client may dismiss his lawyer at anytime with or


without cause because the relationship is one of trust
and confidence.

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.

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