Question 7, 2017 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

VII.

A.

(Question VII-A, Legal and Judicial Ethics, 2017 Bar Exam)

You had just taken your oath as a new lawyer. The secretary of a big university offered to get you as the university’s notary public. She explained that the faculty and students would be sent to you to have their documentations and affidavits notarized; and that the arrangement would be very lucrative for you. However, the secretary wants you to share with her half of your earnings throughout the year.

Will you agree to the arrangement proposed by the secretary of the university? Explain your answer. (4%)

Suggested Answer:

No. Answer

Under the Code of Professional Responsibility, a lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. Rule

In the case at bar, the proposed arrangement of sharing the earnings from the notarization violates the prohibition against sharing of attorney’s fees to non-lawyers. Apply

Thus, I will not agree to the arrangement proposed by the secretary of the university. Conclusion

B.

(Question VII-B, Legal and Judicial Ethics, 2017 Bar Exam)

The plaintiff died during the pendency of the case in the RTC. If you were the counsel of the plaintiff, what is the last duty you need to discharge in behalf of the late client before your professional engagement for the case may be deemed terminated? Explain briefly your answer. (4%)

Suggested Answer:

Under the Rules of Court, whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Rule

In the case at bar, I will inform the court within thirty (30) days after the death of the plaintiff and give the name and address of his legal representative or representatives. Apply

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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