Sample midterm exam for Legal Ethics

I. IDENTIFY ALL THE ETHICAL ISSUES IN THE FOLLOWING 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 up 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by citing BP 702 knowing fully-well that said law has been recently repealed by RA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 latter 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.

II
1) What is forum shopping? What are the elements? Who signs the certification?
2) What are the effects of the following scenarios:
a) Failure to include a Certification of Non-Forum Shopping but there really is no
forum shopping
b) Failure to include a Certification of Non-Forum Shopping but there is a forum
shopping
c) Lawyer signs Certification of Non-Forum Shopping without authorization from
the client