Ethics Samplex

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 I. Identify the issues in the story and discuss each fully. Atty.

Manuel Canlas

took his oath alone before the Supreme Court because he could not join the grand

oath-taking on account of a substantiated death threat. Later that night, he hosted a

lavish party and had pictures of the celebration printed on the tabloids the morning

after. The news spoke of him as a close friend of the three justices who posed with

him in the picture. He also gave out calling cards with his picture and a caption

which says “legal winning made easy!” During his undergraduate schooling, he joined

a fraternity and was involved in a melee and was convicted of physical injuries. This

conviction was never disclosed in his application for the bar because he reckoned it

was not a crime involving moral turpitude. A week later, he put a law office with a

firm name CANLAS, CANLAS (deceased father), CANLAS (Accountant) and CANLAS

(Justice) LAW OFFICES. One week later, a retired prosecutor cousin joined the firm

who promised to handle cases involving the government. Months passed and in one

of the cases that Atty. Canlas handled, he actually met clandestinely with the

opposing client and offered to settle the case off-court. This meeting was without

the knowledge of the opposing counsel and soon, the client agreed to settle the case

and dismissed the services of his own counsel. In a malpractice case that he

handled, Atty. Canlas also convinced the judge by citing BP 702 knowing fully-well

that said law has been recently repealed by RA 8344. Sometime in the past, he had a

client charged with violation of BP 22. His client confessed to him that he has been

guilty of Malversation, Bribery, Concubinage and Theft in the past. These he told his

wife before they went to bed. The client also asked him to bail him out so he could

escape later on. This he kept secret as privileged communication. In another case,

he agreed to divide the fee in half with a friend who recruited a case involving
corporate matters. In preparing for said trial, he asked a paralegal to submit a

responsive pleading because he was still playing golf. The research for the case was

done by a law student. At one point he got dismayed by the verdict of a judge so he

called for a news conference and aired his disappointments with the decision of said

judge calling the later ignorant of the existing laws and procedures. He even filed a

disbarment complaint against the judge before the Integrated Bar of the Philippines.

Lately, a client failed to pay his lawyer’s fees so he filed a suit against his client for

collection. During the trial, he volunteered to testify against his client in court.

1. Gave out calling cards with his picture and a caption which says “legal winning made easy!”
-Rule 2.03 “A lawyer shall not do or permit to be done act designated primarily to solicit business.”
-Rule 3.01 “A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory, or unfair statement or claim regarding his qualifications or legal services.”

2. Concealment of conviction
-Rule 7.01 “A lawyer shall be answerable for knowingly making a false statement or suppressing a
material fact, in connection with his application for admission to the bar.”
- In Re: Galang

3. Firm name
-Rule 3.02 “In the choice of a firm name, no false, misleading, or assumed name shall be used. 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. “

4. Clandestine meeting with opposing client and offer to settle the case off-court
-Rule 8.02 “A lawyer shall not, directly or indirectly, encroach upon the professional employment of
another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful counsel.”

5. Citing BP 702 knowing fully well that it has been recently repealed
-Rule 10.02 “A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite
as law a provision already rendered inoperative by repeal or amendment, or assert a fact that which has
not been proved.”

6. Telling his wife about the confession of a previous client


-Rule 15.02 “A lawyer shall be bound by the rule on privilege communication in respect of matters
disclosed to him by a prospective client.”

7. Keeping secret as privileged communication the suggestion of client to bail him so he could escape
-Rule 15.02

8. Agreeing to divide the fee in half with a friend who recruited a case involving corporate matters
-Rule 1.03/ambulance chasing, “A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay a man’s cause.”

9. Asking a paralegal to submit a responsive pleading/having a research done by a law student


-Rule 9.01 “A lawyer shall not delegate to any qualified person the performance of any task which by
law may only be performed by a member of the Bar in good standing.”

10. Calling a news conference to air disappointments with the decision of the judge
Rule 11.05 “A lawyer shall submit grievances against a judge to the proper authorities only.”

11. Calling the judge ignorant


Rule 8.01 “A lawyer shall not, in his professional dealings, use language which is abusive or offensive or
otherwise improper.”

12. Filling a disbarment complaint before the IBP


Rule 11.05

13. Volunteering to testify against a client


Rule 15.02

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