1 - What is the 3-fold capacity of a lawyer?

CANON 5 – A lawyer shall keep abreast of legal developments, participate in continuing legal education
programs, support efforts to achieve high standards in law schools as well as in the practical training of
students and assist in disseminating information regarding the law and jurisprudence.

Objectives of integration of the Bar

To elevate the standards of the legal profession

To improve the administration of justice

To enable the Bar to discharge its responsibility more effectively

2 - What is the 3-fold obligation of a lawyer?

The three-fold obligation of a lawyer

First, he owes it to himself to continue improving his knowledge of the laws;

Second, he owes it to his profession to take an active interest in the maintenance of high standards of
legal education;

Third, he owes it to the lay public to make the law a part of their social consciousness

3 - What are the general qualifications for admision to the practice of law?

Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND
MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient
administration of justice. (In Re: Argosino, 1997).

Requirements for admission to the Bar:

citizen of the Philippines

at least 21 years old

of good moral character

Philippine resident

Production before the supreme court satisfactory evidence of:

good moral character

no charges against him, involving moral turpitude, have been filed or are pending in any court in the
Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral character is not only a
condition precedent for admission to the legal profession, but it must also remain intact in order to
maintain one’s good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:

a bachelor’s degree in arts and sciences (pre-law course)

a completed course in:

civil law

commercial law

remedial law

public international law

private international law

political law

labor and social legislation

medial jurisprudence
taxation

legal ethics

4 - Define barratry

What is barratry mean?

Barratry is the act of encouraging lawsuits between others in order to create legal business for one's
personal gain and profit. Barratry is illegal in all U.S. states. Attorneys who are found guilty of barratry
will be subject to criminal punishment or discipline by the state bar

Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise;
Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them

5 - Define ambulance chasing

Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise;
Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them

6 - Who are the following: counsel de officio, amicus curiae?

Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in
good standing who, by reason of their experience and ability, may adequately defend the accused

Amicus Curiae literally translated from Latin is "friend of the court" Plural is "amici curiae" Generally, it is
referencing a person or group who is not a party to an action, but has a strong interest in the matter
7 - What are the three tests to determine conflict of interest between lawyer and client? Explain each
briefly

Loyalty and independent judgment are essential elements in the lawyer's relationship to a client.
Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former
client or a third person or from the lawyer's own interests. For specific Rules regarding certain
concurrent conflicts of interest, see Rule 1.8. For former client conflicts of interest, see Rule 1.9. For
conflicts of interest involving prospective clients, see Rule 1.18. For definitions of "informed consent"
and "confirmed in writing"

8 - What is contingency contract?

A contingent contract eliminates the need to come to an agreement. By allowing parties to bet on their
predictions, a contingent contract enables parties to “live with” their differences. A contingent contract
makes commitments self-enforcing by eliminating the need to reconvene or renegotiate when a surprise
crops up

9 - What is attorney retaining lien and attorneys charging lien?

What is a retainer lien?

The 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 disbursements have been paid and
to apply such funds to the satisfaction thereof

What is charging lien mean?

The 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 (Section
33, Rule 127; Rustia vs. Abeto, 72 Phil., 133).

10 - What is a champertous contract?

An Agreement whereby the attorney agrees to pay expenses of proceedings to enforce the clients rights

11 - What are the powers of a notary public?

POWERS OF A NOTARY PUBLIC

Under the Revised Uniform Law on Notarial Acts (RULONA), notaries public are authorized to perform
six notarial acts:

a) A notary public is authorized to perform these notarial acts:

i) acknowledgements;

ii) oaths and affirmations;

iii) signature witnessings;

iv) copy certifications; and

v) other acts authorized under the Rules.

b) A notary public is authorized to certify the affixing of a signature by a thumbmark or other mark on a
document presented for notarization.

c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a
mark on a document

12 - What are the allowed places of notarization?

Where can I notarize my documents?

You can find them at places where their services are needed like in municipal halls, banks, law offices,
government agencies, courthouses, and on business

13 - In what instances may a competent evidence of identity in notarization may be dispensed with?

If there is no valid ID available, the oath or affirmation of a third person who is personally known to the
notary public and who personally knows the person; OR the oath or affirmation of two witnesses who
each personally knows the person and shows to the notary public their IDs

14 - What is the effect of non-payment of IBP dues?

Rule 139 - A requires that every member of the Integrated Bar shall pay annual dues and default thereof
for six months shall warrant suspension of membership and if nonpayment covers a period of 1-year,
default shall be a ground for removal of the delinquent’s name from the Roll of Attorneys. It does not
matter whether or not respondent is only engaged in “limited” practice of law. Moreover, the
exemption invoked by respondent does not include exemption from payment of membership or
association dues
15 - Discuss the concept of retainer

Retainers are payment agreements between a client and a service provider

The client pays a specific amount of money to a business — usually monthly — and, in return, receives a
set of services during that same time period

16 - What is influence peddling?

the use of position or political influence on someones behalf in exchange for money or favors

17 - What are privileged matters and not privileged matters in an attorney-client privilege?

What are the factors to establish the existence of attorney client privilege?

1. Relationship of attorney and client; 2. Communication made by the client to the attorney, or advice
given by the latter to the former; 3. Communication or advice must have been made confidentially

18 - What are the general authorities of an attorney?

General – General power of attorney grants the attorney-in-fact not only the right to conduct any
business and sign any documents on behalf of the principal, but to make decisions, including financial
decisions, on their behalf

19 - What is MCLE? Who are required to attend? Who are exempted? What are the consequences for
failure to comply?

MANDATORY CONTINUING LEGAL EDUCATION (MCLE) ADOPTING THE RULES ON MANDATORY

CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

Who are required to attend MCLE?

SECTION 1. Purpose of the MCLE. – Continuing legal education is required of members of the Integrated
Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law

Who are exempted?

Who is exempted from MCLE?

The Bar Matter 850 consists of a listing of who is exempted from MCLE:

President, Vice President of the Philippines;

Secretaries as well as Undersecretaries of the Executive Departments;

Senators including Members of the House of Representatives;

Chief Justices also Associate Justices of the Supreme Court;

Incumbent including Retired Members of the Judiciary;

That means the judges and justices of the court of appeals. Also, the judges in the lower courts which
are RTC and MTC.

Incumbent Members of the Judicial and Bar Council (JBC);

Incumbent Court Lawyers covered by the Philippine Judicial Academy (PHILJA) Program of the
Continuing Judicial Education ;

Chief State Counsel, Chief State Prosecutor also Assistant Secretaries of the Department of Justice (DOJ);

Solicitor General also Assistant Solicitors General;

Government Corporate Counsel, Deputy including Assistant Government Corporate Counsel;

Chairmen plus Members of the Constitutional Commissions;

Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman;

Heads of Government Agencies Exercising Quasi-Judicial Functions;

Examples are the National Labor Relations Commission (NLRC), Department of Agrarian Adjudication
Board (DARAB). Or even your Housing and Land Use Regulatory Board (HLURB). The Commissioner of
NLRC is exempted too.

Incumbent Deans, Bar Reviewers, and Professors of Law who have teaching experience for at least ten
(10) years in accredited law schools;
The Chancellor, Vice-Chancellor, as well as members of the Corps of Professors. Also Professional
Lecturers of the Philippine Judicial Academy (PHILJA);

Governors as well as Mayors;

Members of the bar who are not in law practice, private or public; and

Members who have retired from the practice with the approval of the IBP Board of Governors

Additional exemptions

Physical Disability

Illness

Post-Graduate Study Broad

Also Proven Expertise in Law

What is the consequence of non compliance of MCLE?

IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY
(INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE
IS RECEIVED BY THE MCLE COMMITTEE

20 - Define Gross Immoral Conduct and cite as many specific acts as possible

Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or
SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the
community. (Narag vs. Narag, 1998)

Rule 1.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.
Rule 1.03 – A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or
delay any man’s cause.

Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a
fair settlement.

If a lawyer finds that his client’s cause is defenseless, it is his burden/duty to advise the latter to
acquiesce and submit, rather than traverse the incontrovertible.

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the
blood, relationship or trust makes it his duty to do so.

Temper client’s propensity to litigate.

Should not be an instigator of controversy but a mediator for concord and conciliator for compromise.

The law violated need not be a penal law. “Moral Turpitude” – everything which is done contrary to
justice, honesty, modesty or good morals.

Give advice tending to impress upon the client and his undertaking exact compliance with the strictest
principles of moral law.

Until a statute shall have been construed and interpreted by competent adjudication, he is free and is
entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and
extent.

A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance
chasing.

Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise;
Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them.

Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or
relatives) and offering his legal services for the filing of a case against the person(s) who caused the
accident(s)