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LEGAL ETHICS
SY 2020-2021

FIRST YEAR
MIDTERM EXAMINATION
(students’ copy)
May 11, 2021

MULTIPLE CHOICE QUESTIONS. Write the letter of the correct answer. (1 pt. each)

1. It refers to the act of a client by which he engages the services of an attorney to render legal
advice, or to defend or prosecute his cause in court.
a. Retainer
b. Retaining fee
c. General retainer
d. Special retainer
e. All of the above

2. The act of securing beforehand the services of an attorney for any legal problem that may
afterward arise.
a. Retainer
b. Retaining fee
c. General retainer
d. Special retainer
e. None of the above

3. It refers to the compensation of an attorney from a client when the former is retained as counsel.
a. Retainer
b. Retaining fee
c. General retainer
d. Special retainer
e. None of the above

4. The act of securing the services of an attorney for a particular case.

a. Retainer
b. Retaining fee
c. General retainer
d. Special retainer
e. All of the above

5. The prohibition for a lawyer to purchase a client’s property does not apply in this case:
a. A judgment on the case involving the subject property has been rendered but is pending
appeal;
b. The property is being auctioned by the Sheriff and the lawyer in that case where the
auction arose bought the property based on a winning bid;
c. The owner donated the property to the lawyer, the value of which shall be deducted from
his contingent fees when the case is terminated;
d. The buyer is the agent of the lawyer in the case involving the property under litigation;
e. None of the above.

6. A lawyer cannot be examined as to any communication made by a client to him under the rule on
privileged communication except in the following case:
a. When the attorney-client relationship is terminated;
b. When it is the attorney’s secretary who is being examined;
c. When the client communicated to him the information by sign language;
d. When the information given by the client pertains to his personal affairs with no
connection to the case being handled;
e. None of the above.

7. Where a lawyer is forbidden to appear as counsel in a case because of conflict of interests, the
law firm of which he is a member or any member, associate or assistant therein is similarly
prohibited from so acting.
a. True
b. False
8. The termination of the relation of attorney and client justifies a lawyer’s representation of an
interest adverse to or in conflict with that of the former client.
a. True
b. False

9. The bare attorney-client relationship precludes an attorney from accepting professional

employment from the client’s adversary either in the same case in or a different but related action.
a. True
b. False

10. A legal counsel for a corporation cannot join a labor union due to conflict of interest.
a. True
b. False

11. A lawyer cannot delegate his representation of a client to another counsel without his
client’s consent as this would violate the ______________ nature of the atty-client
relationship:
a. Confidential
b. Personal
c. Fiduciary
d. Secretive
e. None of the above.

12. The atty-client relationship is not just like an ordinary contract of agency where the
lawyer is more than a mere agent, because:
a. The relationship is imbued with public interest.
b. The relationship requires undivided allegiance;
c. The relationship requires the highest degree of trust and confidence;
d. The relationship requires good faith, fairness, loyalty, fidelity and absolute
integrity in all the lawyer’s dealing and transactions with his client.
e. None of the above.

13. A counsel de officio is necessary in the following cases, except:

a. A litigant who does not have a lawyer during the arraignment;
b. A case on appeal where the lawyer who handled the case during the trial died and
the client has no more time to secure the services of a counsel de parte;
c. A client who is a detention prisoner who cannot secure the services of a counsel
while in prison;
d. A litigant who is financially capable of securing the services of a counsel but
refuses to get one;
e. All of the above.

14. By accepting a retainer, the lawyer impliedly represents the following, EXCEPT:
a. He possesses the requisite degree of learning, skill and ability to practice his
profession;
b. He possesses the ability to secure a favorable judgment from the judge regardless
of the merits of his case;
c. He will exercise reasonable and ordinary care and diligence in the use of his skill
and application of his knowledge to his client’s cause;
d. He will take such steps as will adequately safeguard his client’s interest.
e. All of the above.

15. The lawyer’s duty to safeguard his client’s interest:

a. When he prepares pleadings and appears in court for his client;
b. From the time the atty-client relationship is established until either the lawyer or
the client dies;
c. From the time the services of the lawyer are retained up to the final disposition of
the case;
d. From the time the client pays for his attorney’s fees and within the duration of the
period covered by the fees;
e. None of the above.
ESSAY TYPE QUESTIONS. Understand the facts then answer the questions precisely and concisely.

1. Why is the privilege communication rule important? (5 pts.)

2. Distinguish the three characteristics of an attorney-client relationship. (10 pts.)
1. Strictly personal – Prohibits the delegation of work without the client’s consent
2. Highly confidential
a. Communication made in the course of lawyers professional employment; and
b. Communication intended to be confidential.
3. Fiduciary
a. Hold in trust all moneys and properties of his client that may come into his possession;
b. When a lawyer enforces a charging lien against his client, the relationship is
terminated; and
c. An attorney cannot represent adverse interest unless the parties consent to the
representation after full disclosure of facts.
3. Annika and Atty. Carita used to be friends and officemates in a government agency.
Sometime in the past, Annika approached Atty. Carita for some legal advice, disclosed
personal secrets to her and produced copies of a marriage contract, birth certificate and
baptismal certificate. Later on, their friendship turned sour because Annika filed an
administrative case against Atty. Carita on issues about the former’s promotion. In
retaliation, Atty. Carita filed cases of falsification of public documents and immorality
based on the disclosures earlier made by Annika to her. Annika now seeks the suspension
and/or disbarment of Atty. Carita for the latter’s act of disclosing personal secrets and
confidential information she revealed in the course of seeking the respondent’s legal
advice. Will the complaint filed by Annika prosper? Explain. (10 pts.)
4. In January 2020, ABC-DEF Electric Cooperative (ABC-DEF for short) filed a petition
before the Regional Trial Court of Tuguegarao, praying among others, the issuance of a
Temporary Restraining Order (TRO) to prevent the National Electrification
Administration (NEA) from dismissing the Board of Directors of ABC-DEF and to
enjoin the NEA from taking over the management of ABC-DEF. In February 2020, the
same action was filed by ABC-DEF against NEA before the Supreme Court. In October
2020, the RTC likewise denied the Petition for failure to prove grave abuse of discretion
on the part of NEA and likewise directed ABC-DEF to explain why they should not be
held in contempt for having filed a similar complaint before the Supreme Court and why
the lawyer should not be suspended from the practice of law for having committed an act
of forum shopping.
a. Is there forum shopping? Apply the tests and explain. (10 pts.)
b. Why do courts find the act of forum shopping reprehensible? Explain the reason
behind this rule. (10 pts.)
5. Rowel Borell filed a complaint for disbarment against Atty. Juancho Pancha for the
latter’s act of executing an affidavit in favor of his client Ana Luna and offering the same
in evidence while he was actively representing Ana Luna in a case. According to Rowel
Borell, Atty. Pancha violated Canon 12.08 of the Code of Professional Responsibility
(CPR) which prohibits lawyers from acting as witnesses. Is Rowel Borell correct?
Explain including the rationale behind the rule. (10 pts)
6. Atty. Abusado, a contributor in a local publisher, and known for his unabashed
commentaries against public figures, made a rare appearance in court in a trial for
 physical injuries. His initial move was to file a Motion to Quash the Information but the
court denied the same outright for lack of basis. With his hurt ego, Atty. Abusado wrote a
harsh article about the case including the Presiding Judge of the court a quo. He narrated
the facts of the case from his perspective and expressed his perplexity as to why the court
had denied his Motion despite his clearly meritorious grounds which he also discussed in
detail. "This is the only way that the public would know that there are judges there who
are displaying judicial arrogance." he said, among other hurtful statements, like “an
ignorant judge”, “a liar” and “stupid”. The Presiding Judge who was the subject of his
written attacks read the article and issued an order directing Atty. Abusado to explain
within 24 hours from receipt thereof why he should not be cited in contempt. If you were
the judge, what would be the basis for citing Atty. Abusado in contempt? Explain and
state your legal and factual bases. (10 pts.)
7. Eloisa, an unemployed and unwed mother, went to Atty. De Jesus to seek for advice on
how to demand support from the father of her child, Tonio. She chose the lawyer because
he was the one who had introduced her to his best friend Tonio, and she thought that
since Atty. De Jesus knew the circumstances of their relationship, he would understand
her predicament and help her seek support from Tonio. As soon as Eloisa explained her
reason for her visit, Atty. De Jesus was faced with a dilemma. Should Atty. De Jesus
accept the case against his bestfriend Tonio? Explain your basis. (10 pts.)
8. In a case for malicious mischief, Atty. Love Joy represented the accused Darwin who had
no witness who could back him up in his defense of denial. Xena, the private
complainant, however, would present as her witness Shaun who saw how Darwin
allegedly uprooted the trees from the property of Xena. In her desire to ferret out the
truth, Atty. Love Joy went to Shaun and interviewed him about his knowledge of the
incident. When Prosecutor Quibol heard about this, he confronted Atty. Love Joy and
told her that the lawyer’s act was unethical. Is Prosecutor Quibol correct? Explain. (10
pts.)

GOODLUCK!!!

BY: JUDGE RACQUEL C. REYES-AGLAUA

Professor