Legal Ethics: 2014 Bar Examination

I. LEGAL ETHICS

A. Practice of law (Rule 138)
1. Concept
a) Privilege
b) Profession, not business2. Qualifications
3. Appearance of non-lawyers
a) Law student practice (Rule 138-A)
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing4. Sanctions for practice or appearance without authority
a) Lawyers without authority
b) Persons not lawyers5. Public officials and practice of law
a) Prohibition or disqualification of former government attorneys
b) Public officials who cannot practice law or with restrictions6. Lawyers authorized to represent the government
7. Lawyer’s oathB. Duties and responsibilities of a lawyer
1. To society
a) Respect for law and legal processes
b) Efficient and convenient legal services
c) True, honest, fair, dignified and objective information on legal services
d) Participation in the improvement and reforms in the legal system
e) Participation in legal education program2. To the legal profession
a) Integrated Bar of the Philippines (Rule 139-A)
(i) Membership and duesb) Upholding the dignity and integrity of the profession
c) Courtesy, fairness and candor towards professional colleagues
d) No assistance in unauthorized practice of law3. To the courts
a) Candor, fairness and good faith towards the courts
b) Respect for courts and judicial officers
c) Assistance in the speedy and efficient administration of justice
d) Reliance on merits of his cause and avoidance of any impropriety which tends to influence or gives the appearance of influence upon the courts4. To the clients
a) Availability of service without discrimination
(i) Services regardless of a person’s status
(ii) Services as counsel de officio
(iii) Valid grounds for refusalb) Candor, fairness and loyalty to clients
(i) Confidentiality rule
(ii) Privileged communications
(iii) Conflict of interest
(iv) Candid and honest advice to clients
(v) Compliance with laws
(vi) Concurrent practice of another professionc) Client’s moneys and properties
(i) Fiduciary relationship
(ii) Commingling of funds
(iii) Delivery of funds
(iv) Borrowing or lendingd) Fidelity to client’s cause
e) Competence and diligence
(i) Adequate protection
(ii) Negligence
(iii) Collaborating counsel
(iv) Duty to apprise clientf) Representation with zeal within legal bounds
(i) Use of fair and honest means
(ii) Client’s fraud
(iii) Procedure in handling the caseg) Attorney’s fees
(i) Acceptance fees
(ii) Contingency fee arrangements
(iii) Attorney’s liens
(iv) Fees and controversies with clients
(v) Concepts of attorney’s fees
(a) Ordinary concept
(b) Extraordinary concepth) Preservation of client’s confidences
(i) Prohibited disclosures and use
(ii) Disclosure, when allowedi) Withdrawal of servicesC. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)
1. Nature and characteristics of disciplinary actions against lawyers
a) Sui generis
b) Prescription2. Grounds
3. Proceedings
4. Discipline of Filipino lawyers practicing abroadD. Readmission to the Bar
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriatedE. Mandatory Continuing Legal Education
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
6. Bar Matter 2012, Rule on Mandatory Legal Aid ServiceF. Notarial Practice (A. M. No. 02-8-13-SC, as amended)
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. SanctionsG. Canons of Professional Ethics

II. JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial ConductB. Qualities
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligenceC. Discipline of members of the Judiciary
1. Members of the Supreme Court
a) Impeachment
b) Ethical Lessons from Former Chief Justice Corona’s Impeachment2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule 140)
3. Grounds
4. Impeachment (ethical aspects)
5. Sanctions imposed by the Supreme Court on erring members of the JudiciaryD. Disqualification of Justices and Judges (Rule 137)
1. Compulsory
2. VoluntaryE. Powers and Duties of Courts and Judicial Officers (Rule 135)
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)
G. Legal Fees (Rule 141)
1. Manner of payment
2. Fees in lien
3. Persons authorized to collect legal feesH. Costs
1. Recovery of costs (Rule 142)
a) Prevailing party
b) Dismissed appeal or action
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness

IMPORTANT NOTES:

1. This listing of covered topics is not intended and should not be used by the law schools as a course outline. This was drawn up for the limited purpose of ensuring that Bar candidates are guided on the coverage of the 2014 Bar Examinations.

2. All Supreme Court decisions - pertinent to a given Bar subject and its listed topics, and promulgated up toMarch 31, 2014 - are examinable materials within the coverage of the 2014 Bar Examinations.