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MOCK BAR EXAMINATION QUESTIONS IN LEGAL ETHICS AND LEGAL AND JUDICIAL FORMS 1.

It is an offense of exciting or stirring unnecessary suits and quarrels a. b. c. d. amicus curiae barratry forum shopping ambulance chasing

2. W hich of the following are the 4 duties of a lawyer? a. b. c. d. To Society, To the Bar, to the Constitution, to the People To Society, To the Republic, to the Church, to the Client To Society, To the Courts, To the Bar, to the Client To Society, to the Courts, to the IBP, to the Bar

3. W ho among the following lawyers are not prohibited from practicing law a. Lawyers who were appointed as Chairman and members of the Constitutional Commission b. Lawyers connected with the office of the Solicitor General c. Lawyers who are elected as Senators or Congressmen d. Lawyers who were appointed to the Judiciary 4. W hich among the following qualifications are not required to be possessed by applicants for the Bar Examinations? a. Natural Born Citizen b. Possession of Good Moral Character c. Philippine Residency d. Degree in Bachelor of Laws 5. It is the improper practice of filing several actions or petitions in the same or different tribunals arising from the same cause and seeking substantially identical reliefs in the hope of winning one of them. a. b. c. d. Litis pendentia Forum Shopping Res Judicata Pro se Practice

6. W hich among the following choices is not a possible consequence of forum shopping? a. b. c. d. Summary dismissal of the multiple petition or complaint Penalty for direct contempt of court on the party and his lawyer Disciplinary proceeding for the lawyer concerned. Award of damages and attorneys fees to the defendant / respondent.

7. It is the form prescribed for sworn statements where no rights of titles are transferred before a notary public? a. b. c. d. Acknowledgment Verification Jurat Notarial undertaking

8. W hich of the following does not form part of the duty of a notary public a. To charge reasonable notarial fees b. To keep a notarial register

c. To affix to acknowledgment the date of the expiration of his commission, as required by law d. To forward his notarial register, when filed, to the proper clerk of court. e. To make the proper notation regarding residence certificates. 9. W hich of the following choices, as provided under the Rules of Court, do not form part of the basis of applying the principle of quantum meruit or as much as he deserves? a. b. c. d. e. The skill demanded The importance of the subject The length of membership in the Integrated Bar of the Philippines The novelty and difficulty of the questions involved. The contingency or certainty of compensation.

10. W hich of the following is not included in the criteria for determining whether a person is engaged in the practice of law? a. b. c. d. e. Application of knowledge of law Compensation Habituality Retainer Agreement Attorney Client Relationship

11. W ho among the following lawyers cannot practice law? a. b. c. d. e. Lawyers who are members of the Provincial Board Lawyers who are elected as Senators Retired Judges Lawyers elected as Municipal Vice Mayors Lawyers elected as City Mayors

12. He is a lawyer who haunts hospitals, and visits homes of the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent fee. a. b. c. d. e. Medico Legal Ambulance Chaser Forensic Lawyer Contingent Fee Lawyer Counsel de Parte

13. Generally, lawyers are not allowed to advertise their services. However, there are certain recognized exceptions. W hich of the following choices do not constitute as an exception to the general rule? a. b. c. d. Writing Legal Articles Listing in the Law List Listing in the Phone directory with area of expertise Giving of Ordinary Professional Cards.

14. W hich of the following choices is not a purpose of Bar Matter 850 or the Mandatory Continuing Legal Education? a. b. c. d. To keep abreast with laws and jurisprudence Enhance the standards of the practice of law Provide a venue for the strengthening of the professional bonds between lawyers Maintain the ethics of the profession

15. W ho among the following lawyers are not exempted from the MCLE? a. Solicitor General

b. Law Deans c. Law Professors d. Government Corporate Counsel 16. W hich of the following duties do not form part of a lawyers duty to the legal profession? a. b. c. d. Courtesy and fairness Fidelity and loyalty Not to encroach upon the employment of another lawyer Not to assist in the unauthorized practice of law

17. W hich of the following duties do not form part of a lawyers duty to the courts? a. b. c. d. Respect Fiduciary duty Not to influence the Court To assist in the administration of justice

18. A lawyer is duty bound to assist in the speedy administration of justice. W hich of the following duties do not belong to a lawyers duty to assist in the speedy administration of justice? a. b. c. d. No to engage in forum shopping To be prepared during hearings To treat witness properly To seek continuance when the witness is unavailable for examination

19. Among the choices given, which two words best describe the dual role of a lawyer vis--vis his client? a. b. c. d. e. f. g. Fiduciary Confidant Agent Counselor Adviser Mentor Servant

20. Generally, a lawyer who is appointed as a counsel de oficio should not reject his appointment. W hich among the given choices is a valid ground for the refusal of the lawyer of his appointment as counsel de officio? a. b. c. d. Established guilt of the accused Lack of witnesses for the defense Conflict of interest Inability of the client to pay attorney fees

21. The attorney client privilege is one of the traits that separate lawyering as a profession from a business endeavor. W hich of the following choices do not constitute as a valid exception to the rule on attorney client privilege? a. b. c. d. When authorized by the client When required by law When the client has been away for so long The announced intention of a client to commit a crime

22. It is the right of a lawyer to kept the clients fund, documents and papers that has lawfully come to his possession until payment of his lawful fee. a. Charging Lien b. Charging fee

c. Retaining Lien d. Particular Lien 23. W hich of the following is an unethical form of attorneys fee arrangement? a. b. c. d. e. Hourly Rate Fixed Cash Fee Retainer Fee Champertous Contract Acceptance fee

24. It is the action filed by a lawyer against his clients for collection of attorneys fees a. b. c. d. e. Collection case Case for sum of money with damages Assumpsit Rescission of Retainer Agreement with Damages Rescission of Retainer Agreement with claim for payment of attorneys fees and Damages

25. It is the disciplinary sanction imposed upon a lawyer where the extent of the wrong is very small and the degree of culpability is very slight. It is also imposed where the conduct of a lawyer falls short of the exacting standards of candor and fairness required to be observed by them. a. b. c. d. e. Warning Reprimand / Admonition Fine Suspension Disbarment

26. W ho among the following officers/offices are not authorized to investigate Disbarment cases? a. b. c. d. e. IBP Committee on Bar Discipline Office of the Solicitor General Judge of a Lower Court Any Officer of the Supreme Court Philippine Bar Association

27. W hich of the following choices is a not a mitigating circumstance in disbarment proceedings? a. b. c. d. e. Good faith Want of intention to commit a wrong Non-payment of agreed attorneys fees Desistance of complainant Youth and inexperience in the bar.

28. W hich among the following choices is not a source of judicial ethics? a. b. c. d. e. f. Code of Judicial Conduct 1987 Constitution Revised Rules of Court Revised Penal Code Bilateral and Multi-Lateral Treaties Entered into by the Supreme Court with courts of other jurisdictions. Republic Act 3019

29. It is the primordial and the most important duty of every member of the Bench a. Dispensing of Justice

b. c. d. e.

Execution of Final Judgment Decision Making Conviction of the Guilty and Acquittal of the Innocent Hearing of Cases

30. W hich of the following is not an element of the offense of unjust judgment committed by a judge? a. Offender is a judge b. Offender renders a judgment in a case submitted to him for decision c. Offender receives a pecuniary benefit in exchange for the judgment that he rendered d. The judgment is unjust e. Judge knows that his judgment is unjust 31. W hich of the following choices do not belong as a fundamental purpose of the Integrated Bar of the Philippines? a. To elevate the standards of the legal profession b. To improve the administration of justice c. To bring all lawyers closer to one another by providing them with a forum for interaction d. To enable the Bar to discharge its public responsibilities more effectively 32. It is a pleading that while is good in form is false in fact? a. b. c. d. Negative pleading Scam pleading False pleading Sham pleading

33. It is an answer that does not present a defense to the action or one which tenders no material issue a. False Answer b. Frivolous Answer c. Negative Pregnant Answer d. Sham answer 34. It is concerned with minimizing the risk of legal trouble and maximizing legal rights for entities at that time when transactional or similar facts are being considered and made. a. b. c. d. Pre-emptive Lawyering Alternative Lawyer Minimalist Lawyering Preventive Lawyering

35. W hich of the following duties are not required of lawyers under the Lawyers Oath a. b. c. d. To delay no man for money or malice To maintain allegiance to the Republic of the Philippines To uplift the administration of justice To conduct oneself as a lawyer to the best of his knowledge

36. It is present when a lawyer is asked to enforce the right of a client in case where he will also be asked to defend another client from such enforcement. a. b. c. d. Dual Representation Conflict of Interest Unethical Representation Dual Lawyering

37. It is the primary duty of lawyers who are public prosecutors a. b. c. d. To convict criminals To prosecute cases To file information against the accused To see to it that justice is done

38. W hich of the task/acts cannot be done by a lawyer who has left government service? a. b. c. d. Practice of Law for private concerns Handle clients on any matter that he handled before in government Do pro-bono litigation File a case against the government on behalf of a client

39. W hich among the following tasks is excluded in the general authority of a lawyer under the Rules of Court? a. b. c. d. Compromise their clients litigation Bind their clients Take appeals Appear for his client during the trial

40. It means that in the court of justice of the peace, a party may conduct his litigation in person with the aid of an agent or friend appointed by him for that purpose. a. b. c. d. Nolle Pro Se Que Practice Pro Se Practice Pro Bono Practice Self Practice

41. Under the Local Government Code of 1991, the practice of the legal profession by a member of the Sanggunian is restricted but not prohibited. W hich among the following is not a restriction on such practice? a. They shall not appear as counsel before any court in any civil case wherein a local government unit or any office, agency or instrumentality of the government is the adverse party b. They shall not collect any fee for their appearance in administrative proceedings including the local government unit of which he is an official c. They cannot accept pro bono criminal cases involving individuals who are not their constituents d. They shall not use property and personnel of the government 42. W hich among the following choices is not a valid ground for withdrawal as counsel of a client? a. b. c. d. Lack of confidence of the counsel on the sincerity of the client When the lawyer has been elected or appointed to public office Possibility of conflict of interest Inability to work with other counsels

43. In certain instances, a lawyer is allowed to withdraw or retire from a court case without the consent of his client. W hich of the following is not part of the procedure for such valid withdrawal? a. File a motion for withdrawal in court b. Serve a copy of his motion upon his client and the adverse party at least 3 days before the date set for hearing c. Execute verified affidavit of termination of services to accompany motion for withdrawal d. The motion should afford ample time to his client to get a replacement lawyer.

44. Under the Civil Code, Attorneys Fees by way of damages can be recovered. W hich of the following grounds is not a valid basis for the claim of attorneys fees as damages? a. b. c. d. When exemplary damages are awarded In case of clearly unfounded civil action or proceeding against the lawyer In criminal cases or malicious prosecution against the plaintiff In cases of contingent fee arrangement where the fees of the lawyer is to be taken from the award of the lower court

45. It is the equitable right of an attorney to have the fees due him for his service be secured out of the judgment for the payment of money and executions in pursuance thereof in the particular suit. a. b. c. d. Right to Quantum Meruit Possessory Lien Charging Lien Retaining Lien

46. W hich of the following is not a ground for disbarment of lawyer? a. b. c. d. Violation of oath of office Withdrawal as a counsel de oficio Grossly immoral conduct Conviction of a crime involving moral turpitude

47. W hich among the following lawyers are not subject to the investigation of the IBP under the grievance procedures of the Rules of Court? a. b. c. d. Law professors and bar reviewers Lawyers commissioned as Notaries Public Judges of the Lower Courts Filipino lawyers overseas

48. MTC and MCTC judges may perform notarial acts ex officio, however certain requisites must concur before they can validly perform such acts. W hich among the requisites listed below is essential and is required for the MTC and MCTC judge to validly perform notarial acts ex officio? a. Permission sought from and granted by the Office of the Court Administrator b. Certification be made in the notarized documents attesting to the lack of any lawyer or notary public of such municipality or circuit c. Notarization to be done after officer hours d. Notarial services are to be performed for free 49. The period of time under the 1987 Constitution within which cases pending with the Supreme Court are to be decided in the interest of speedy administration of justice? a. b. c. d. Two Years 12 Months 1 Year 24 Months

50. W hat is the best form of advertisement for a lawyer? a. Testimonials of former clients b. Hard earned reputation for fidelity to private trust, excellence and dedication to the cause of his client c. Writing of legal articles in law journals d. Election as officer and active participation in the activities of the IBP

51. It is the failure of the lawyer to exercise on behalf of his client the knowledge, skill and ability ordinarily possessed and exercised by members of the bar resulting an actual loss to the client. a. b. c. d. Gross Misconduct Unethical Negligence Malpractice Gross Professional Negligence

52. W hich of the following is true? a. Under the 1987 Constitution Congress has the power to repeal, alter and supplement the rules promulgated by the Supreme Court b. Since its establishment, the Supreme Courts prerogative to determine who can enter the legal profession was unhampered and unfettered c. Before the 1987 Constitution, Congress can alter, repeal and supplement the rules promulgated by the Supreme Court d. The promulgation of the Rules of Court is an exercise of the Supreme Courts law making power 53. The practice of law is ______________? a. b. c. d. A natural or constitutional right guaranteed by the Constitution An absolute right given to bar passers A Privilege or franchise granted by the State A vested right of those who have been admitted to the Bar.

54. Under the Rules of Court, citizens of the United States may be allowed to practice law before the courts of the Philippines upon a satisfactory showing of compliance with certain requisites. W hich among the following is not is not included as a requisite? a. That they were duly licensed members of the Philippine Bar before July 4, 1946 b. That they have taken the Oath of Office c. That they have submitted satisfactory proof of good moral character to the Office of the Bar Confidant and signing in the Roll of Attorney d. That they were active practitioners of law in Philippine Courts and in good and regular standing, prior to July 4, 1946. 55. A law student can appear without compensation in any civil, criminal or administrative case under the Law Student Practice rule. W hich among the following is not a condition imposed under the said rule? a. Enrollment as a third year law student in a recognized law school b. Enrollment in a recognized law schools clinical law education program as approved by the Supreme Court c. Appearance under the direct supervision and control of a member of the IBP duly accredited by law d. The pleadings, briefs, memoranda are signed by the supervising attorney 56. W hich of the following statements is false? a. A law student under the Law Student Practice Rule is bound by the rule on privilege communication b. A retired judge/justice can practice law after retirement c. An attorney in appearing before a court is not required to show written proof via a power of attorney that he is authorized to represent any cause in which he appears d. A disbarred lawyer cannot represent himself in court 57. He is a practicing lawyer appointed by a court to render professional aid free of charge to a party who is destitute and unable to employ an attorney or who may need the services of an attorney to secure the ends of justice and to protect his rights

a. b. c. d.

Pro Bono Lawyer Public Attorney Counsel de Officio Counsel de Parte

58. A citizen of Spain cannot invoke the Treaty of Academic Degree and Exercise of Professions between the Philippines and Spain to secure admission to the Philippine Bar without examination. W hich of the following choices is not a ground on which this ruling was anchored? a. Spanish citizens cannot be required to pay IBP dues b. Only Filipino citizens may be admitted to the Bar c. The prerogative of the Supreme Court to determine who can join the legal profession cannot be encroached upon by the Executive Branch d. A Spaniard cannot take an oath of allegiance to the Philippines and to support its Constitution. 59. It is the act of a client by which he employs an attorney to manage for him a cause to which he is a party, or otherwise to advise him as counsel. a. b. c. d. Attorney Client Relation Contract Employment Agreement Retainer Agreement Professional Service Agreement

60. W hich of the following instances is not a specie of a lawyers unethical conduct of obstructing justice? a. b. c. d. Asking the complaining witness not to appear so the case can be dismissed Asking the client to plead guilty despite lawyers knowledge of innocence Advising a client to escape Reporting to the authorities on the whereabouts of a client who escaped confinement e. Intentional Forum shopping 61. This principle dispenses with evidentiary hearing after the respondent submits his comment to the charges, and the liability of respondent is determined on the basis of the action complained of or on the basis of letters alleged to be derogatory. a. b. c. d. Principle of Quid Pro Quo Res Ipis Loquitor Summary Hearing Principle of Volente non Fit Injuria

62. The integration of the Philippine Bar has been upheld to be as constitutional. W hich of the following grounds was not used in support of the upholding of Constitutionality of the Integration. a. Court have inherent power to supervise and regulate the practice of law b. The practice of law is not a vested right but a privilege c. The Integration of the Bar will raise needed revenue from the collection of membership dues for noble purposes d. The practice of the legal profession must be regulated for the protection of the public 63. W hich of the following grounds is not a ground for the judge to inhibit himself from trying a case? a. One of the counsels of the party is a fraternity brother b. The judge, or his wife, or child, is pecuniarily interested as heir, legatee, creditor or otherwise

c. The judge has been an executor, administrator, guardian, trustee or counsel of any of the parties to the case now pending before him d. One of the counsels to the case is his twin sister 64. W hen a lawyer signs a pleading, he certifies to a host of things, which of the following is not included in such signification? a. b. c. d. He has read the pleading To the best of his knowledge and information, there is a good ground to support That the contents of the pleading merits the attention of the court That the pleading is not interposed for delay

65. It is an averment of the party making a pleading that he is prepared to establish the truth of the facts, which he has pleaded. a. b. c. d. Certification Attestation Jurat Verification

66. It is the pleading filed by the plaintiff, the office of which is to deny or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby joins or makes issues as to such matters. a. b. c. d. Compulsory Counterclaim Reply Permissive Counterclaim Cross claim

67. No applicant shall be admitted to the bar examinations unless he has satisfactorily completed several prescribed courses as provided for under the Rules of Court. W hich of the following courses is not a prescribed course. a. b. c. d. e. Civil Law Commercial Law Medical Jurisprudence Law on Statutory Construction Political Law

68. It imports an act of baseness, vileness or depravity in the duties which one person owes to the other or to society in general, contrary to the customary rule of right and duty which a person should follow. a. b. c. d. Gross Misconduct Moral Turpitude Immoral Conduct Gross Negligence

69. W hat is the basis of the relations of counsel and judge? a. b. c. d. Confidentiality Trust and cooperation among themselves High regard for each other Mutual trust and appreciation of the roles of one another in the administration of justice

70. W hich of the following duties of a lawyer is not included in his duties to the legal profession? a. Uphold the integrity and dignity of the legal profession and support the IBP b. Not to file baseless and unfounded suits c. Courtesy, frankness and fairness to brother lawyers

d. Not to assist in the unauthorized practice of law e. Not to encroach upon the employment of another lawyer. 71. A lawyer shall not divide or stipulate to divide a fee for legal services with persons who are not lawyers. Which of the following does not constitute as an exception to this rule? a. Where there is a pre-existing agreement with a partner or associate that upon his death, money shall be paid to his estate b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer c. Where a lawyer substitutes himself for another lawyer who withdrew from the case d. Where a lawyer or a law firm includes a non lawyer in a retirement plan 72. W hich of the following choices is not a manifestation of respect by a lawyer to the courts? a. b. c. d. A lawyer shall appear in court properly attired A lawyer shall inform the court as soon as possible if he will be late for a hearing A lawyer shall punctually appear at court hearings A lawyer shall abstain from scandalous, offensive or menacing language

73. It is a contract of employment between a client and an attorney for a particular service or case only. a. b. c. d. Retainer Agreement Engagement contract Special Retainer General Retainer

74. W hich of the following is not a factor considered in the appointment of a counsel de officio? a. b. c. d. Gravity of the Offense Experience and ability of the appointee Difficulty of the questions that may arise Degree of trust and confidence between the client and the counsel de officio

75. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. W hich of the following does not constitute as an exception to this rule? a. b. c. d. When it is authorized by the client When the disclosure is necessary to win the case for the client When it is necessary to defend the lawyer, his employees or associates When there is an announced intention to commit a crime

76. W hich of the following choices is not a requisite for the rule on the attorney client privilege to apply? a. b. c. d. Existence of attorney client relation Communication to the lawyer was made in strict confidence Communication must be made in the course of professional employment Lawyer swore himself to secrecy before the client

77. It is the rationale for attorneys lien a. b. c. d. To preserve the decorum and respectability of the legal profession To ensure that the lawyer will render efficient service at all times To ensure the presence of the lawyer during the trial To lessen graft and corruption of the legal profession

78. W hich of the following is not a requisite of a charging lien? a. b. c. d. Existence of attorney client relations Favorable money judgment secured by the lawyer on behalf of his client Consent given by the client to the lawyer to record the charging lien Attorney has a claim for attorneys fees or advances

79. A lawyer should avoid the filing of any case against his clients for enforcement of attorneys fees. This is the general rule, which among the choices constitutes as an exception. a. b. c. d. To prevent fraud against the lawyer To prevent a breakdown of the legal system To prevent strained relations between the lawyer and his client To prevent the lawyer from becoming unethical

80. A lawyer shall withdraw his services only for good cause and upon notice appropriate under the circumstances. W hich among the given choices is not a valid ground for withdrawal of a lawyer a. When the client pursues an illegal or immoral course of conduct b. When the client insist that the lawyer pursues a conduct violative of the latters oath c. Death of a lawyer where the legal representation is by a law firm d. Conflict of Interest on the part of the lawyer e. Deliberate failure of the client to pay attorneys fees 81. W hich of the following is not an effect of the disbarment of a lawyer? a. b. c. d. Deprivation of the right to practice law on the part of the disbarred lawyer Removal of the name of the disbarred lawyer from the attorneys roll Disbarred lawyer cannot appear before the courts to defend himself Cessation of membership in the bar

82. The purchase of a clients property in litigation is an act of malpractice. W hich of the following is not a requisite for the existence of this unethical conduct. a. Lawyer is the counsel of the client at the time that he acquired the property in litigation b. Lawyer acquired the property by himself or thru another c. Lawyer paid for the property in cash. d. Client consented to the acquisition made by the lawyer 83. The Supreme Court has the sole prerogative to reinstate disbarred lawyers. W hich among the following choices is not considered in a disbarred lawyers application for reinstatement? a. b. c. d. Character or standing prior to disbarment Conduct subsequent to disbarment Bar Examination result rating Favorable endorsement of loved ones and fellow lawyers

84. W hich of the following is not a source of Judicial Ethics? a. b. c. d. e. f. Code of Judicial Conduct Revised Rules of Court Revised Penal Code Supreme Court Circulars Supreme Court Rule on Notarial Practice Code of Professional Responsibility for Lawyers

85. They are bar associations that appear in court as friends to expound in some matters of law for the information of the court a. b. c. d. Amicus Curiae Integrated Bar of the Philippines Amici par excellence Amici Curiae

86. W hich of the following is not an effect of a charging lien? a. The lawyer can charge the client for unpaid fees. b. The lawyer now has the right to collect out of the judgment and executions pursuant to the same c. The lawyers lien enjoys preference of credit over a creditor who subsequently recorded his credit d. The client or assignee who receives the proceeds of the judgment holds it in trust for the lawyer 87. To whom does a lawyer owe his first and foremost duty? a. b. c. d. To the Bar To Society To the Court To the Client

88. W hich of the following choices is not a requirement for the filing of a complaint for disbarment? a. b. c. d. e. Verified Complaint Complaint must state clearly and concisely the facts complained of Complaint must have supporting documents attached to it Subscribed and sworn to before the Office of the Bar Confidant Six copies of the complaint must be furnished the Integrated Bar

89. It is the basic purpose of disbarment. a. b. c. d. To punish the lawyer for his unethical behavior To protect the public from being preyed upon. To serve as a reminder and example to other lawyers to remain ethical To police the ranks of the legal profession

90. W hich of the following extra judicial activities is a judge not prohibited from engaging in? a. b. c. d. To write and teach To engage in Civic and Charitable activities To be the adviser of the local chapter of the Nationalista Party Sports and other recreational activities

91. A judge should be like Caesars W ife, what does this mean? a. The judge should be ethical b. The judge should decide cases promptly c. The judge should refrain from making any comments in about cases pending in his court d. The judge must not only be pure but he must also appear to be pure. 92. A judge can be held criminally and administratively liable for knowingly rendering an unjust judgment. W hich of the following is not an element of this offense? a. The offender is a judge b. He rendered an unjust decision

c. He rendered the decision in a case pending before him d. The judgment was not supported by the records e. The judge knows that the decision he rendered is unjust 93. W hat is the liability of a lawyer who unjustly retains in his hands the money of his client after it has been demanded? a. b. c. d. Suspension Punishment for Contempt as an Officer of the Court Censure Reprimand

94. Teaching is not deemed to be included in the definition of the terms practice of law because of the absence of what attribute? a. b. c. d. e. Compensation / Attorneys fees Contract of Representation Application of Knowledge of Law Attorney Client Relations Habituality

95. The mistake of a lawyer binds his client? Which is not an exception to this general rule? a. When the mistake is purely technical in nature which does not affect the clients cause b. If the mistake was so grave and it is tantamount to depriving the client his day in court c. When the lawyers actions had the full concurrence of the client d. When the departure from procedure of the lawyer does not appear to have impaired substantial rights 96. Under the present Rules on Notarial Practice, a notary public must discharge his functions as such in his office. W hich among the following is not an exception to this rule? a. Public offices, convention halls, and similar places where oaths of office may be administered; b. Public function areas in hotels and similar places for the signing of instruments or documents requiring notarization; c. Hospitals and other medical institutions where a party to an instrument or document is confined for treatment; d. In any place where all the parties to the document to be notarized can be found 97. The term ________________ refers to a notarial act in which an individual on a single occasion: appears in person before the notary public and presents an instrument or document; is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and signs the instrument or document in the presence of the notary public. a. b. c. d. Signature confirmation Signature witnessing Signature verification Signature authentication

98. _________" refers to an act in which an individual on a single occasion appears in person before the notary public and presents an instrument or document; is personally known to the notary public or identified by the notary public through competent evidence

of identity as defined by these Rules, signs the instrument or document in the presence of the notary; and takes an oath or affirmation before the notary public as to such instrument or document. a. b. c. d. Jurat Acknowledgment Attestation Verification

99. ________________________" refers to a notarial act in which a notary public is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable copies or supervises the copying of the instrument or document, compares the instrument or document with the copy; and determines that the copy is accurate and complete. a. b. c. d. Copy Authentication Copy Verification Copy Certification Copy Attestation

100. It is not a mere collection of words, rather it is a solemn vow, a contract of undertaking of the highest order. a. b. c. d. Code of Professional Responsibility for Lawyers Rules of Court on Legal and Judicial Ethics Canons of Legal Conduct Attorneys Oath

101. All of the following, but one, correctly describes what legal profession is: a. Legal profession is affected with public interest because it is concerned with the administration of justice. b. A lawyer seeks justice for his client secondary to earning a living. c. The practice of law is a privilege in the sense that only those qualified are allowed. d. It is not a business concerned with profits e. knowledge and application of the legal principles and techniques constitute practice of law. 102. W hich of the following is wrong statement about good moral character as a requirement in the practice of law? a. Good moral character is what a person is really is as distinguished for mere reputation b. It is includes common honesty c. This is a requirement only upon ones application for admission in the bar examination. d. Good moral character is a continuing requirement before and after admission in the practice of law e. A person who has a pending case in court involving moral turpitude does not possess good moral character and not entitled to practice law. 103. A lawyer enjoys rights and privileges in the practice of law during good behavior, except one of the following: a. b. c. d. e. He enjoys presumption of regularity in the discaharge of his functions. He is quasi-judicia officer of the court. He enjoys immunity of third persons in the performance of his obligation to his client. He can protest unjustified delay in the admission of justice. His statement, even if relevant, pertinent or material to the subject of judicial inquiry are not privileged.

104. Lawyers can appear in court and bind their clients if they can prove all of the following, except one: a. b. c. d. e. He must be authorized to appear under a special power of attorney given by the client. An attorney is presumed to be properly authorized whenever he appears in the court to represent a client. An attorney has complete control of procedural matters in court An attorney cannot enter into a compromise on financial matters without the consent of the client. A lawyer can represent a client if assigned by the court

105. W hich one does not apply to disciplinary proceedings against a lawyer? a. Disbarment proceedings against a lawyer is criminal in nature. b. it is administrative proceeding c. The purpose of the proceeding is to revoke the license of the lawyer to practice his profession. d. The disciplinary proceeding is intended to protect the court and the public from the misconduct of officers in the court.

106. The following rules require the lawyer to observe and maintain the respect due to courts judicial officers, except one: a. b. c. d. e. He shall appear in court properly attired He shall appear promptly in court hearings He shall not misuse the rules procedure to defeat the ends of justice. He shall abstain from using scandalous or offensive language before the court. He shall submit grievances against a judge to the proper authorities only.

107. Only one of the following rules is not a duty of the lawyer to assist in the speedy and efficient administration of justice. a. b. c. d. e. A lawyer shall not file multiple actions arising from the same cause He shall not misuse court process He shall not unduly impede the execution of judgement He shall not knowingly assist a witness to misinterpret himself He shall not attribute a judge motives not supprted by the record

108. All of the following except one, require a lawyer to observe candor, fairness and loyalty in all his dealings and transactions with his clients: a. A lawyer shall be bound by the rule on privilege communication in respect of all matter disclosed to him by a prospective client A lawyer shall not state or imply that she is able to influence any tribunal. He shall not decline to represent a client solely because of his opinion regarding the quit of said preson. He shall when advising the client, give a candid and hinest opinion on the merits and probable results of his clients case. He shall imprese upon his client compliance with the laws and principle of fairness. All but one imposes ipon the lawyer to the obligation to preserve the confidence nd secrets of the client even after the attourney-client relationship is terminated. He shall not reveal the confidences and secret of the client except when authorized by the client A lawyer may disclose the affairs of a client of a firm to partners or associate thereof, unless prohibited by the client.

b. c. d. e. 109. a. b.

c. d.

A lawyer engage freely in conversation about the clients affairs with the members of his family. He shall not reveal the confidences or secrets of his client except when required by the law. A lawyer shall not reveal the confidence and secrets of his client except when nexessary to collect his fees. Atty H was appointed by the trial court to serve as pro bono counsel for Q who was charged with Malicious Mischief. Atty. H failed ti notice that the crime for which Q was charged had prescribed. Fortunately, the trial court noted this fact this fact and thus dismissed the case. However, in its order, the trial court took note of atty. Hs sloppy research and stated that H would have saved everyone valuable time and resource had he noted the fact of prescription early on. Atty. H filed a motion to strikeout that portion of the trial court abused its discretion as such comment was clearly unnecessary, Is Atty. Hs contention correct? No, because Atty. H should answer for the consequences of his negligence: Yes, because if the trial court wanted to hold Atty. H administratively liable, it should have filed the appropriate complaint before the Supreme Court: No, because Atty. H was bound to serve the interest of his client to the best of his ability and the trial court has discretion to pint out his negligence.. Yes, because the trial court should have taken note that Atty. H was merely handling the case pro bono and no harm to the accused. The abbreviation SS Means: Sworm Statement Scilicet Specific Site, meaning, specific place Both appelants brief and appellees brief must contain. Subject index, statement of facts and argument. Assignment of errors and statement of issies. Arguments and reliefs.

e. 110.

a. b. c. d. 111. a. b. c. 112. a. b. c.

113. a. b. c. d. 114. a. b. c. 115. a. b.

All except one of the following is not gender-neutral: chairman - chairperson husband/wife - spouse manpower work force fatherland - motherland The Revised Rules of Court applicable to pleadings shall apply vto writte motions sa far as concerns: caption, body, signature, and verification. cation, tittle, prayer, certification, and explanation. caption, designation signature, and other matters of form. Documents written in an unofficial language or local dialect shall not be admitted as evidence unless accompanied with a translation into > English or spanish English or Filipino

c. 116. a. b. c. 117. a. b. C d. e. 118. a. b. c. d. e.

English Spanish or Filipino Legal and Judicial Forms appended to the Revised Rules of Court are: mandatory merely illustrative to be copied verbatim All of the following, but one, correctly describes what legal profession is: Legal profession is affected with public interest because it is concerned with the administration of justice. A lawyer seeks justice for the client secondary to earning a living. The practice of law is a privilege in the sence that only those qualified are allowed. It is not a business concerned with profits. Knowledge and application of the legal principles and techniques constitute practice of law. Which of the following is wrong statement about good moral character as requirement in the practice of the law? Good moral character is what a person is really is as distinguished for mere reputation. It includes common honesty This is a requirement only upon ones application for admission in the bar examination. Good moral character is a continuning requirement before and after admission in the practice of law. A person.

119. All, exept one of the following, need written special power of attorney executed by client in favor of his attorney: a. b. c. d. Compramise agreement Waiver of appeal from a judgement Waiver of objections to venue f an action Court appearance

120. The attorney-client priviledged communication rule applies to: a. b. c. d. Lawyer and his secretary, stenographer or clerk Lawyers partner, associate and the memebers of the law firm Senior law student acting for the legal clinic of the law school. All of the above.

121. Award of attorneys fees, in its extraordinary concept, belongs to: a. Client b. Lawyer c. Neithetr of the above 122. W hich of the following is not prohibited in the philippines? a. b. c. d. Contingent fee arrangement Ambulance chasing Barratry Champerty

123. The first duty of an attorney is to: a. His client

b. His professional colleagues c. The administration of justice d. Earning of his livelihood 124. W hich of the following is not correct? a. The canons of Professional Ethics is complementary to the code of Professional Responsibilty b. The new of Code Judicial Conduct for the Philippines Judiciary is an offshoot of the code of Judicial Conduct and Canons of Judicial Ethics c. The code of Professional Responsibility repeals the canons of Professional Ethics 125. A lawyer may be disciplined by the Supreme Court in connection with: a. His professsional conduct as a lawyer only b. Private conduct as a private citizen only c. His professional as well as private conduct 126. The Code of Professional Responsibility (CPR) has: a. b. c. d. 22 Canons and 77 Rules 22 Canons and 17 rules 6 Canons and 44 Sections 6 Canons and 22 Sections

127. A client-attorney relatioship is established: a. The moment a person seek legal advice of an attorney and the latter reders his legal assistance to the former b. The moment a person pays atoorneys acceptance fee abd the lawyer accepts the same c. The moment a lawyer and the client sign a written contract of engagement of legal services of an attorney 128. W hich of the following ststement is true? a. Pendency of a criminal case against a lawyer is a prejudicial question to an administrative case against him involving the same facts b. Conviction of a lawyer in a criminal case poses a double jeopardy question in an administrative case against the same lawyer involving the same facts c. Aquittal of a lawyer in criminal case necessarily absolves him in the administrative case against him involving the same facts d. There is none of the above

129. An administrative chrage against a judge may be institute a. b. c. d. By the Supreme Court motu proprio By a verified complaint By an anonymous complaint supported by documents By either of the above

130. W ho among the persons below may practice law? a. Governor b. Vice-governor

c. Congressman d. Senator e. RTC Judge 131. There is conflict of interest: a. When the interst of one party conflicts with the interst of the other party b. When the interst of a party conflicts with the interst of his lawyer c. When the interest of a party conflicts with interest of the opposing lawyer 132. W hich of the following terminates an administrative case against a judge? a. b. c. d. e. Retirement of the judge Death of the judge Desistance of the complaint Compromise agreement between the complaint and the judge None of the above

133. Pro se litigation is allowed in the Philippines a. True b. False 134. The subject matter of litigation, the cause of action, and the claim or demand belongs to: a. b. c. d. Lawyer Client Both the lawyer and the client Court

135. W hich of the following statement is not tenable? a. A judge may diaqualify himself from sitting in a case for just or valid reasons b. A judge may disqualify himself based on his conscience and sound of discretion c. A judge may inhibit himself if the case before his is too complicated, novel, controversial sensational, arousing public opinion or inviting public criticism d. A judge shall not inhibit himself from deciding a case by reason of the silence, obscurity or insufficiency of the laws 136. W hat is not considered contempt of court? a. b. c. d. Assuming to be an attorney and acting as such wtihout authority Obstruction of justice Contempt of the judge Contempt of the state

137. A motion to dismiss filed by respondent lawyer or judge in an administrative case: a. Should be resovled by the investigating Officer or Body b. Should be merely noted by the investigating Officer or Body c. Should raise a valid ground for dismissal such as lack of cause of action

ANSWER KEY LEGAL ETHICS AND JUDICIAL FORMS 1. B 2. C 3. C 4. A 5. B 6. D 7. C 8. A 9. C 10. D 11. E 12. B 13. C 14. C 15. C 16. B 17. B 18. D 19. E 20. C 21. C 22. C 23. D 24. C 25. B 26. E 27. C 28. E 29. C 30. C 31. C 32. D 33. B 34. D 35. C 36. B 37. D 38. B 39. A 40. B 41. C 42. A 43. C 44. D 45. C 46. B 47. C 48. B 49. D 50. E 51. C 52. C 53. C 54. C 55. A 56. D 57. C 58. A 59. C 60. D 61. B 62. C 63. A 64. C 65. D 66. B 67. D 68. B 69. D 70. B 71. C 72. B 73. C 74. D 75. B 76. D 77. D 78. C 79. A 80. C 81. C 82. D 83. C 84. E 85. C 86. A 87. C 88. D 89. B 90. C 91.C 92.C 93.D 94.D 95.C 96.D 97.B 98.A 99.C 100.D 101.B 102.C 103.C 104.A 105.B 106.D 107.C 108.A 109.C 110.D 111.E 112.B 113.C 114.C 115.C 116.B 117.B 118.D 119. D 120. D 121. A 122. A 123. C 124. C 125. C 126. A 127. A 128. D 129. D 130. B 131. A 132. F 133. A 134. B 135. C 136. C 137. B