Scribd
Upload
1K views6 pages

Final Exam - Problem Areas in Legal Ethics

The document discusses several topics related to legal ethics and procedures for lawyers and judges in the Philippines: 1) It outlines the grounds for disbarment or suspension of lawyers, which include deceit, malpractice, gross misconduct, immoral conduct, criminal convictions, and disobeying court orders. It also describes the procedure for filing complaints against erring lawyers. 2) It discusses the process of reinstating disbarred lawyers, including filing a petition, demonstrating good conduct, remorse, and assurances of upholding ethical standards. 3) It provides the grounds for disciplinary action against judges, which require strict evidence, as well as guidelines for resolving requests for judicial clemency.

Uploaded by

Ian Cabana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views6 pages

Final Exam - Problem Areas in Legal Ethics

The document discusses several topics related to legal ethics and procedures for lawyers and judges in the Philippines: 1) It outlines the grounds for disbarment or suspension of lawyers, which include deceit, malpractice, gross misconduct, immoral conduct, criminal convictions, and disobeying court orders. It also describes the procedure for filing complaints against erring lawyers. 2) It discusses the process of reinstating disbarred lawyers, including filing a petition, demonstrating good conduct, remorse, and assurances of upholding ethical standards. 3) It provides the grounds for disciplinary action against judges, which require strict evidence, as well as guidelines for resolving requests for judicial clemency.

Uploaded by

Ian Cabana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

1.

a. Grounds for Disbarment or Suspension from office of an attorney

Under rule 138 of the Rules of Court the following are the Grounds
for Disbarment or Suspension of an attorney from his office;
 Deceit, Malpractice, other gross misconduct
 Grossly Immoral conduct
 Conviction of a crime involving moral turpitude
 Wilful disobedience of any lawful order of a superior court
 Violation of the Lawyer’s Oath

b. Under Rule 139-B, the following are the procedure for filing of
complaint before the IBP against erring lawyers

1. Filing of a Complaint with Commission on Bar Discipline


(6 Copies of verified complaint) or with secretary of IBP or any
secretary chapter

2. Supported by affidavits
3. The IBP Board of Governors may motu proprio or by Chapter
Board officer or referral by the S.C or at the instance of any person
initiate and prosecute proper charges against erring atty

2.

a. Reinstatement of Lawyers
- Reinstatement of lawyers is the power of the Supreme Court to
revive or to restore an erring lawyer to his legal profession
which the latter shows good traits, compassion and ability to
reform or to change his mistakes, and can be accepted by the
public to manifest his willingness to serve with utmost fidelity.

Who has the authority to reinstate’


- Under the rules of court, the Supreme Court has the power or
authority to remand, suspend, disbar and reinstate an erring
lawyer to his legal profession.
How lawyer be reinstated? What are the criteria to be considered
for Reinstatement.

- Under the Rules of Court lawyer, a lawyer may be reinstated by


filling a petition with the Supreme Court an “ Application for
Reinstatement”

The Criteria to be considered for reinstatement


- The following are the criteria for reinstating a disbarred lawyer
 Good conduct and honourable dealing
 Show remorse
 Active Involvement in Civic, education and religious
organizations
 Time elapsed between disbarment and application for
reinstatement
 Assurance to the court that he now possesses the
requisite probity and integrity necessary to guarantee his
worthiness to be restored to the practice of law
 Pleas of his mother and wife for the sake of the family
 Favorable indorsement of IBP, as well as local
government officials and citizens of his community

What are the grounds for disciplinary action against judges?


How do you describe the disciplinary proceedings against
judges? What is the quantum of evidence required to discipline
judges

a. The law provides the grounds for disciplinary action against judges;
Gross misconduct, knowingly rendering an unjust judgment or order,
conviction of a crime involving moral turpitude, Gross ignorance of
the law or procedure, undue delay in rendering a decision of order,
unauthorized practice of law, simple misconduct, violation of supreme
court rules, directives and circulars.

The proceedings on the disciplinary action against judges must be


strict and tighten compare to erring lawyers because judges, being
officer and usher of truth and justice, are obliged to seek and follow
that those who have less in life should have more in law.
The quantum of evidence required to discipline lawyers is
preponderance of evidence.

b. The proceedings against judges may be taken by Supreme Court


motu proprio or upon verified complaint, supported by affidavits of
persons having personal knowledge or by documents or upon an
anonymous complaint, and shall state clearly and concisely the acts
and omissions constituting violations and standards of conduct
prescribed by law.

c. In a litany of cases decided by the Supreme Court the following are


the guidelines in resolving petition / request for judicial clemency.

 There must be proof of remorse and reformation, it includes


certifications and testimonials of the officers or chapters of IBP,
Judges associations and prominent member of the society with
proven integrity and probity
 Sufficient time must have lapsed from the imposition of the penalty to
ensure a period of reformation
 The age of the person asking for clemency must show that he still
has productive years ahead of him that can be put to good use by
giving him a chance to redeem himself
 There must be a showing of promise
 There must be other justification to grant judicial clemency

4.

Champertous Contract – is a contract that the lawyer 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 agree to pay the former a portion of the thing /
property recovered as compensation.

Contingent Fee – is a fee which the lawyer will be paid a fee only
when he is successful in handling the case of the client
Retaining Lien – is the right of the attorney to retain the funds,
documents, and papers of his client which have lawfully come into his
possession until his lawful fees and disbursement have been paid
and to apply such funds to the satisfaction thereof.

Charging Lien – is the right which the attorney has upon all
judgments for the payment of money, and executions issued in
pursuance of said judgments which he has secured in litigation of his
client.

5.
Yes. Atty. Yan is guilty of representing conflicting interest

The law provides that a lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him by his client,
and shall not represent conflicting interest adverse to his client.

In the given case, Atty. Yan while he was the counsel before of Maria
Yoon in his previous case, violates the confidence bestowed upon
him with respect to matters disclosed upon by Maria Yoon and maybe
use against the latter in his succeeding case to the benefit of Rica P.
Tain.

6.
a. Yes, the lawyer may collect fees for services rendered to client
despite the absence of an agreement to pay attorney fees.

The Supreme Court ruled that any services rendered in the


absence of any contract or stipulation as to the amount of
money due may be collected by the counsel within which
reasonable amount of services rendered and work done; the
latter is called “Quantm Meruit”

b. In capsule form the following are factors to be considered in


determining the amount to be paid to the counsel in the absence of
any stipulation or contract;
a) Time spent and extent of services rendered
b) Novelty and Difficulty of question involved
c) Importance of subject matter
d) Skills demanded from the lawyer
e) Customary charges for services and schedule of fees of IBP
f) Amount involved in the case and the benefits resulting to the
client from the service
g) Contingency or Certainty of Compensation
h) Character of Employment
i) Professional standing of the lawyer

7.
Yes, Judge Johanna Co-vida violated the professional and ethical
standard required for judges.

The law provides that judges should inhibit themselves from making
and knowingly use their position for their own private interest or use their
position to advance and make special influence to others.

In the given case, Judge Co-vida knowingly use his position as a


judge to advance or to influence his private interest to NTC, making it
appear to the NTC personnel that Judges is superior to them. Hence, it
could be a ground for disciplinary action against judges.

8.

a. What is meant by Cold Neutrality of an impartial judge

It is well settled in this jurisdiction that the test of cold neutrality of an


impartial judge should adhere to all cases. The test is to expect that all
judges should be neutral observers, impartial and disinterested to a case
as to inhibit themselves if they see any conflict and desire with any matter
within the course of their powers and prerogative as a Judge.

b. The rule that govern the inhibition of judges is under the Rule
137 of the rules of court

c. The automatic conversion of administrative cases is also called


disciplinary proceedings against justices, judges or court officials
concerned based on the same ground embodied in Code of
judicial conduct, lawyer’s oath and code of professional
responsibility

You might also like