Which of the following instances demonstrates counsel’s LACK of diligence in serving his client's interest?

Atty. Ramon borrowed his client's (Menchu) land title. After eight months, Menchu demanded its return but he failed to comply and changed his residence. After Menchu tracked him down, she confronted him about the title. He then offered to just buy the property and gave her five checks for it but these bounced. Charged with malpractice, Atty. Ramon answered that his license to practice law cannot be in issue. He merely incurred civil liability for a failed transaction. Will the malpractice action prosper?

Administrative penalties imposed on judges are

Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which was adverse to his client, to the Environment Secretary. At about the same time, he filed a special civil action of certiorari with the Court of Appeals for the annulment of the same decision. Did counsel commit any ethical impropriety in his actions?

Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of the sellers were dead. Ely admitted that he notarized the deed of sale but only after his client assured him that the signatures of the others were authentic.

Later, Raul moved to have the complaint against him dismissed on the ground that it was filed because of a misunderstanding which had already been clarified. This prompted the IBP to recommend the dismissal of the complaint. Can the dismissal be allowed?

Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for Myra's competent evidence of identity, she explained that she does not have any current identification document nor could she get one soon. Instead, she presented her friend, Alex, who showed Atty. Elma his driver’s license and confirmed her Myra’s identity. Is Alex’s identification of Myra valid?

Which of the following demonstrates the lawyer's duty to give the court the respect it deserves?

Justice Frank, a retired Court of Appeals justice, appeared before the Supreme Court on behalf of Landbank, a government bank, in a case involving the compensable value of the property taken from a landowner under the agrarian reform law. The landowner questioned Justice Frank's appearance in the case, pointing out that the same is unethical and smacks of opportunism since he obviously capitalizes on his judicial experience. Is Justice Frank's appearance in the case valid?

Atty. Arthur agreed to represent Patrick in a personal injury case after the latter signed a retainer agreement for a 33% fee contingent on their winning the case. In the course of trial, Patrick dismissed Atty. Arthur after he presented their evidence in chief and engaged Atty. Winston another lawyer. They lost the case. What fee would Atty. Arthur be entitled to?

To whom may the Supreme Court refer complaints against lawyers for investigation?

Elaine filed a complaint against Fely before their barangay concerning a contract that they entered into. During conciliation, Fely came with Sarah, who claimed the right to represent her minor sister. The barangay captain let Sarah assist her sister. Eventually, the barangay issued a certificate to file action after the parties failed to settle their differences. When Sarah formally appeared as lawyer for her sister, Elaine filed an administrative complaint against her for taking part in the barangay conciliation and preventing the parties from taking meaningful advantage of the same. Is Sarah liable?

Atty. Alfredo Prado appeared in a case as legal officer of the Land Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo Prado from his province who had been dead for years. When Atty. Armando checked with the Supreme Court, only one Alfredo Prado was in the roll of attorneys. What action can Atty. Armado take against Vicente who had taken a dead lawyer’s identity?

Lee became a lawyer in 1988 under a claim that he is a Filipino like his parents. Efren sought Lee’s disbarment on the ground that he really is a Chinese. To prove he is a Filipino, Lee cited an Albay regional trial court’s final judgment in an action to recover real property which mentioned his citizenship as Filipino. This final judgment resulted in the correction of his birth records in a separate special proceeding to show he is a Filipino, not Chinese as there stated. Is Lee’s claim to Filipino citizenship valid?

Atty. Francisco’s retainer agreement with RXU said that his attorney's fees in its case against CRP “shall be 15% of the amounts collected.” Atty. Francisco asked the trial court to issue a temporary restraining order against CRP but this was denied, prompting him to file a petition for certiorari with the Court of Appeals to question the order of denial. At this point, RXU terminated Atty. Francisco’s services. When the parties later settled their dispute amicably, CRP paid RXU P100 million. Because of this, Atty. Francisco came around and claimed a 15% share in the amount. What should be his attorney’s fees?

Noel and Emily who were involved in a road accident sued Ferdie, the driver of the other car, for damages. Atty. Jose represented only Noel but he called Emily to testify for his client. During direct examination, Emily claimed that her injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose did not contest such claim. Ferdie later sued Emily for giving false testimony since her own doctor’s report contradicted it. He also sued Atty. Jose for foisting a false testimony in court. Is Atty. Jose liable?

Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk of court, if the case records have already been remanded to the MTC as the Court of Appeals directed. Lisa said no, saying that the RTC had not yet received a certified copy of the Court of Appeals’ decision. When Lisa suggested that Atty. Anthony first secure such a copy, the latter scolded her. Shamed by this, Lisa filed a disciplinary action against him for encroaching on the work of the lawyers of record. Anthony defends his follow-up action by claiming good faith and the possibility of entering his appearance later. Is Anthony liable for his record follow up?

Atty. Melissa witnessed the car accident that resulted in injury to Manny, a friend of hers. While visiting him at the hospital, she advised him about what action he needed to take regarding the accident. Is Atty. Melissa subject to disciplinary action if she eventually handles the case for him?

What unhealthy attitude of mind should a judge avoid falling into?

When does the initial MCLE compliance period of a newly admitted member of the bar begin?

Judge Cristina has many law-related activities. She teaches law and delivers lectures on law. Some in the government consult her on their legal problems. She also serves as director of a stock corporation devoted to penal reform, where she participates in both fund raising and fund management. Which of the following statements applies to her case?

What is the method of national inquiry into the conduct of Supreme Court magistrates?

On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private counsel for a year with the consent of the Office of the Government Corporate Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD between faction A and faction B. Siding with the first, Atty. Chito filed several actions against the members of faction B. Eventually, the court upheld Faction B which thus revoked Atty. Chito’s retainer on 14 January 2007. With OGCC’s approval, NWD hired Atty. Arthur in his place. When Atty. Arthur sought the dismissal of the actions that Atty. Chito had instituted, the latter objected on the ground that his term had not yet expired and Atty. Arthur had no vacancy to fill up. Is Atty. Chito right?

Serving as counsel de oficio, Atty. Mamerto advised John of the consequences of his plea of not guilty to the charge. Before trial could be held, however, the presiding judge died. As it happened, Atty. Mamerto was appointed judge and John’s case was assigned to him by raffle. John quickly moved for the judge’s disqualification. Is Judge Mamerto under obligation to inhibit himself from the case?

Atty. Eliseo represented Allan in a collection suit against the Philippine Charity Sweepstakes Office (PCSO). After his election as sangguniang bayan member, the court rendered a decision in PCSO’s favor. Still, Atty. Eliseo appeared for Allan in the latter’s appeal, prompting the PCSO to question his right to do so. In response, Atty. Eliseo claimed that the local government code authorizes him to practice law as long it does not conflict with his duties. Is Atty. Eliseo right?

Provincial Governors and Municipal Mayors who are lawyers are MCLE exempt because

Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which she was involved by giving her legal advice and preparing a complaint that she eventually filed in court under her own signature. When the lawyer for the defendant learned of it, he told Ronnie to desist from practicing law. But he disputed this, claiming that he had not practiced law since he did not receive compensation from Beth for his help. Is Ronnie correct?

In settling his client's claims, Atty. Cruz received from the adverse party P200,000 in cash for his client. Which of the following is an IMPROPER way for Atty. Cruz to handle the money?

The acknowledgment appearing in a deed of sale reads:

“Before me personally appeared this 30 August 2010 Milagros A. Ramirez, who proved her identity to me through witnesses: 1. Rosauro S. Balana, Passport UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela, Passport VV200345; 1-17-2009/ Manila.

“Both witnesses, of legal ages, under oath declare that: Milagros A. Ramirez is personally known to them; she is the same seller in the foregoing deed of sale; she does not have any current identification document nor can she obtain one within a reasonable time; and they are not privy to or are interested in the deed he signed.”

What is the status of such a notarial acknowledgment?

After several years as a private practitioner, Ben got appointed as Regional Trial Court judge. Five years after his appointment, he received summons directing him to answer a disbarment complaint that pertained to a document he notarized more than 10 years ago from appointment date. He sought the dismissal of the complaint arguing that the cause of action has prescribed. Must the complaint be dismissed?

When will Atty. Antonio's notarial commission expire if he applied for and was given such commission on 12 November 2010?

Which of the following demonstrates a lawyer’s fidelity to known practices and customs of the bar regarding a case he is handling?

In a verified complaint, Kathy said that Judge Florante decided a petition for correction of entry involving the birth record of her grandson, Joshua, who happened to be child of Judge Florante's daughter, Pilita. Judge Florante insisted that he committed no wrong since the proceeding was non-adversarial and since it merely sought to correct an erroneous entry in the child’s birth certificate. Is Judge Florante liable?

In what documented act will a notary public’s failure to affix the expiration date of his commission warrant administrative sanction?

After the prosecution cross-examined Shiela, a witness for the accused, Judge Pedro asked her ten additional questions that were so intense they made her cry. One question forced Sheila to admit that her mother was living with another man, a fact that weighed on the case of the accused. This prompted the latter’s counsel to move to expunge the judge’s questions for building on the prosecution's case. Judge Pedro denied the motion, insisting that bolstering a party’s case is incidental to the court’s desire to be clarified. Did Pedro commit an impropriety?

On appeal, RTC Judge Rudy affirmed the MTC’s conviction of Lorna for violation of the bouncing checks law and awarded Agnes, the complainant, Php1.6 million in damages. Two years later, upon Lorna’s motion and after ascertaining that her counsel never received the court's decision, Judge Rudy recalled the entry of judgment in the case, reversed himself, and absolved Lorna of guilt. Claiming an unjust judgment, Agnes filed an administrative complained against Judge Rudy, saying that it is plain from the circumstances that he connived with Lorna, her counsel, and the handling prosecutor. But she offered no further evidence. Rudy denied the charges and asserted that any error in his judgment is correctible only by an appeal, not by an administrative suit. Should Judge Rudy be disciplined?

After Atty. Benny got a P2 million final judgment in his client’s favor, he promptly asked the court, without informing his client, to allow him a charging lien over the money in the amount of P500,000, his agreed fees, The Court issued a writ of execution for the whole judgment in Atty. Benny's name with an order for him to turn over the excess to his client. Is Atty. Benny’s action correct?

Administrative proceedings against Judges of all courts and Justices of the Court of Appeals and the Sandiganbayan shall be

Sheryl, Eric's counsel, once asked for postponement and the court granted it since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not to allow any further postponements because his case has been pending for 8 years. When trial resumed, Bernadine moved to reset the trial because of her infant's ailment. What must Sheryl do?

Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the Arts and Sciences Department of the Far Eastern University. In 2005, he moved to San Sebastian Institute of Law where he taught Political Law. Is Atty. Mike exempt from complying with the MCLE for the 4th compliance period in April 2013?

A Court Administrator's auditing team found that Judge Ruby used business cards which stated, in addition to her official title as presiding judge of her court, that she is bar topnotcher, her law school’s “class valedictorian,” and “one of the most sought after private law practitioners” before she joined the judiciary, all of which are true. Asked to explain this seeming impropriety, Ruby pointed out that business cards can include the person’s “title” which is broad enough to include in her case her standing in the bar and all the honors she earned. Did Ruby commit an impropriety?

A difficult client directed his counsel to bring up to the Supreme Court the trial court’s dismissal of their action. Counsel believes that the trial court acted correctly and that an appeal would be futile. Which of the following options should counsel take?

Which of the following statements best describes the distinct traditional dignity that the legal profession enjoys over other professions?

Which of the following will subject Atty. Lyndon, a Manila notary public, to sanctions under the notarial rules?

Eric, a labor federation president, represented Luisa, a dismissed WXT employee, before the NLRC. Atty. John represented Luisa's two co- complainants. In due course, the NLRC reinstated the three complainants with backwages and awarded 25% of the backwages as attorney’s fees, 15% for Atty. John and 10% for Eric, a non-lawyer. When WXT appealed to the Court of Appeals, Atty. John questioned Eric’s continued appearance before that court on Luisa’s behalf, he not being a lawyer. Is Eric's appearance before the Court of Appeals valid?

After hearing in a sensational criminal case, counsel for the accused told television viewers how the judge unfairly ruled to stop his witness from testifying fully about certain aspects of the case that would help the accused. Counsel said that the public should know the injustice to which his client was being subjected. Can counsel be disciplined for his utterances?

One of the foundation principles of the Bangalore Draft of the Code of Judicial Conduct is the importance in a modern democratic society of

After representing Lenie in an important lawsuit from 1992 to 1995, Atty. Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty. Jennifer to represent her in an action against Lenie. Such action involved certain facts, some confidential, to which Atty. Jennifer was privy because she handled Lenie's old case. Can Atty. Jennifer act as counsel for Evelyn?

On November 28 Atty. Patrick wrote in a newspaper column that the Supreme Court already decided in favor of the validity of the Executive Order that created the Truth Commission upon a vote of 13-2. But, as it turned out, the Court actually rendered an adverse decision only on December 7, and upon a vote of 10-5. Asked to explain his misleading article, Patrick said that his constitutionally protected right to free expression covered what he wrote. Can the Court cite Patrick for contempt?

Which of the following is required of counsel when withdrawing his services to a client in a case?

Which of the following characteristics pertains to a charging lien?