1. It is an offense of exciting or stirring unnecessary suits and quarrels a. amicus curiae b. barratry c. forum shopping d. ambulance chasing 2. Which of the following are the 4 duties of a lawyer? a. To ociety! To the "ar! to the #onstitution! to the $eople b. To ociety! To the %epublic! to the #hurch! to the #lient c. To ociety! To the #ourts! To the "ar! to the #lient d. To ociety! to the #ourts! to the I"$! to the "ar
&. Who among the following lawyers are not prohibited from practicing law a. 'awyers who were appointed as #hairman and members of the #onstitutional #ommission b. 'awyers connected with the office of the olicitor (eneral c. 'awyers who are elected as enators or #ongressmen d. 'awyers who were appointed to the )udiciary 4. Which among the following qualifications are not required to be possessed by applicants for the "ar *xaminations? a. +atural "orn #iti,en b. $ossession of (ood -oral #haracter c. $hilippine %esidency d. .egree in "achelor of 'aws /. It is the improper practice of filing se0eral actions or petitions in the same or different tribunals arising from the same cause and see1ing substantially identical relief2s in the hope of winning one of them. a. 'itis pendentia b. 3orum hopping c. %es )udicata d. $ro se $ractice 4. Which among the following choices is not a possible consequence of forum shopping? a. ummary dismissal of the multiple petition or complaint b. $enalty for direct contempt of court on the party and his lawyer c. .isciplinary proceeding for the lawyer concerned. d. 5ward of damages and attorneys fees to the defendant 6 respondent. 7. It is the form prescribed for sworn statements where no rights of titles are transferred before a notary public? a. 5c1nowledgment b. 8erification c. )urat d. +otarial underta1ing 9. Which of the following does not form part of the duty of a notary public a. To charge reasonable notarial fees b. To 1eep a notarial register c. To affix to ac1nowledgment the date of the expiration of his commission! as required by law d. To forward his notarial register! when filed! to the proper cler1 of court. e. To ma1e the proper notation regarding residence certificates. :. Which of the following choices! as pro0ided under the %ules of #ourt! do not form part of the basis of applying the principle of quantum meruit or ;as much as he deser0es<? a. The s1ill demanded b. The importance of the sub=ect c. The length of membership in the Integrated "ar of the $hilippines d. The no0elty and difficulty of the questions in0ol0ed. e. The contingency or certainty of compensation. 1>. Which of the following is not included in the criteria for determining whether a person is engaged in the practice of law? a. 5pplication of 1nowledge of law b. #ompensation c. ?abituality d. %etainer 5greement e. 5ttorney @#lient %elationship 11. Who among the following lawyers cannot practice law? a. 'awyers who are members of the $ro0incial "oard b. 'awyers who are elected as enators c. %etired )udges d. 'awyers elected as -unicipal 8ice -ayors e. 'awyers elected as #ity -ayors 12. ?e is a lawyer who haunts hospitals! and 0isits homes of the afflicted! officiously intruding their presence and persistently offering his ser0ice on the basis of a contingent fee. a. -edico 'egal b. 5mbulance #haser c. 3orensic 'awyer d. #ontingent 3ee 'awyer e. #ounsel de $arte 1&. (enerally! lawyers are not allowed to ad0ertise their ser0ices. ?owe0er! there are certain recogni,ed exceptions. Which of the following choices do not constitute as an exception to the general rule? a. Writing 'egal 5rticles b. 'isting in the 'aw 'ist c. 'isting in the $hone directory with area of expertise d. (i0ing of Ardinary $rofessional #ards. 14. Which of the following choices is not a purpose of "ar -atter 9/> or the -andatory #ontinuing 'egal *ducation? a. To 1eep abreast with laws and =urisprudence b. *nhance the standards of the practice of law c. $ro0ide a 0enue for the strengthening of the professional bonds between lawyers d. -aintain the ethics of the profession 1/. Who among the following lawyers are not exempted from the -#'*? a. olicitor (eneral b. 'aw .eans c. 'aw $rofessors d. (o0ernment #orporate #ounsel 14. Which of the following duties do not form part of a lawyer2s duty to the legal profession? a. #ourtesy and fairness b. 3idelity and loyalty c. +ot to encroach upon the employment of another lawyer d. +ot to assist in the unauthori,ed practice of law 17. Which of the following duties do not form part of a lawyer2s duty to the courts? a. %espect b. 3iduciary duty c. +ot to influence the #ourt d. To assist in the administration of =ustice 19. 5 lawyer is duty bound to assist in the speedy administration of =ustice. Which of the following duties do not belong to a lawyer2s duty to assist in the speedy administration of =ustice? a. +o to engage in forum shopping b. To be prepared during hearings c. To treat witness properly d. To see1 continuance when the witness is una0ailable for examination 1:. 5mong the choices gi0en! which two words best describe the dual role of a lawyer 0isBCB0is his client? a. 3iduciary b. #onfidant c. 5gent d. #ounselor e. 5d0iser f. -entor g. er0ant 2>. (enerally! a lawyer who is appointed as a counsel de oficio should not re=ect his appointment. Which among the gi0en choices is a 0alid ground for the refusal of the lawyer of his appointment as counsel de officio? a. *stablished guilt of the accused b. 'ac1 of witnesses for the defense c. #onflict of interest d. Inability of the client to pay attorney2 fees 21. The attorney client pri0ilege is one of the traits that separate lawyering as a profession from a business endea0or. Which of the following choices do not constitute as a 0alid exception to the rule on attorney client pri0ilege? a. When authori,ed by the client b. When required by law c. When the client has been away for so long d. The announced intention of a client to commit a crime 22. It is the right of a lawyer to 1ept the client2s fund! documents and papers that has lawfully come to his possession until payment of his lawful fee. a. #harging 'ien b. #harging fee c. %etaining 'ien d. $articular 'ien 2&. Which of the following is an unethical form of attorney2s fee arrangement? a. ?ourly %ate b. 3ixed #ash 3ee c. %etainer 3ee d. #hampertous #ontract e. 5cceptance fee 24. It is the action filed by a lawyer against his clients for collection of attorney2s fees a. #ollection case b. #ase for sum of money with damages c. 5ssumpsit d. %escission of %etainer 5greement with .amages e. %escission of %etainer 5greement with claim for payment of attorney2s fees and .amages 2/. It is the disciplinary sanction imposed upon a lawyer where the extent of the wrong is 0ery small and the degree of culpability is 0ery slight. It is also imposed where the conduct of a lawyer falls short of the exacting standards of candor and fairness required to be obser0ed by them. a. Warning b. %eprimand 6 5dmonition c. 3ine d. uspension e. .isbarment 24. Who among the following officers6offices are not authori,ed to in0estigate .isbarment cases? a. I"$ #ommittee on "ar .iscipline b. Affice of the olicitor (eneral c. )udge of a 'ower #ourt d. 5ny Afficer of the upreme #ourt e. $hilippine "ar 5ssociation 27. Which of the following choices is a not a mitigating circumstance in disbarment proceedings? a. (ood faith b. Want of intention to commit a wrong c. +onBpayment of agreed attorney2s fees d. .esistance of complainant e. Douth and inexperience in the bar. 29. Which among the following choices is not a source of =udicial ethics? a. #ode of )udicial #onduct b. 1:97 #onstitution c. %e0ised %ules of #ourt d. %e0ised $enal #ode e. "ilateral and -ultiB'ateral Treaties *ntered into by the upreme #ourt with courts of other =urisdictions. f. %epublic 5ct &>1: 2:. It is the primordial and the most important duty of e0ery member of the "ench a. .ispensing of )ustice b. *xecution of 3inal )udgment c. .ecision -a1ing d. #on0iction of the (uilty and 5cquittal of the Innocent e. ?earing of #ases &>. Which of the following is not an element of the offense of un=ust =udgment committed by a =udge? a. Affender is a =udge b. Affender renders a =udgment in a case submitted to him for decision c. Affender recei0es a pecuniary benefit in exchange for the =udgment that he rendered d. The =udgment is un=ust e. )udge 1nows that his =udgment is un=ust &1. Which of the following choices do not belong as a fundamental purpose of the Integrated "ar of the $hilippines? a. To ele0ate the standards of the legal profession b. To impro0e the administration of =ustice c. To bring all lawyers closer to one another by pro0iding them with a forum for interaction d. To enable the "ar to discharge its public responsibilities more effecti0ely &2. It is a pleading that while is good in form is false in fact? a. +egati0e pleading b. cam pleading c. 3alse pleading d. ham pleading &&. It is an answer that does not present a defense to the action or one which tenders no material issue a. 3alse 5nswer b. 3ri0olous 5nswer c. +egati0e $regnant 5nswer d. ham answer &4. It is concerned with minimi,ing the ris1 of legal trouble and maximi,ing legal rights for entities at that time when transactional or similar facts are being considered and made. a. $reBempti0e 'awyering b. 5lternati0e 'awyer c. -inimalist 'awyering d. $re0enti0e 'awyering &/. Which of the following duties are not required of lawyers under the 'awyer2s Aath a. To delay no man for money or malice b. To maintain allegiance to the %epublic of the $hilippines c. To uplift the administration of =ustice d. To conduct oneself as a lawyer to the best of his 1nowledge &4. It is present when a lawyer is as1ed to enforce the right of a client in case where he will also be as1ed to defend another client from such enforcement. a. .ual %epresentation b. #onflict of Interest c. Enethical %epresentation d. .ual 'awyering &7. It is the primary duty of lawyers who are public prosecutors a. To con0ict criminals b. To prosecute cases c. To file information against the accused d. To see to it that =ustice is done &9. Which of the tas16acts cannot be done by a lawyer who has left go0ernment ser0ice? a. $ractice of 'aw for pri0ate concerns b. ?andle clients on any matter that he handled before in go0ernment c. .o proBbono litigation d. 3ile a case against the go0ernment on behalf of a client &:. Which among the following tas1s is excluded in the general authority of a lawyer under the %ules of #ourt? a. #ompromise their client2s litigation b. "ind their clients c. Ta1e appeals d. 5ppear for his client during the trial 4>. It means that in the court of =ustice 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. +olle $ro e Fue $ractice b. $ro e $ractice c. $ro "ono $ractice d. elf $ractice 41. Ender the 'ocal (o0ernment #ode of 1::1! the practice of the legal profession by a member of the anggunian is restricted but not prohibited. Which among the following is not a restriction on such practice? a. They shall not appear as counsel before any court in any ci0il case wherein a local go0ernment unit or any office! agency or instrumentality of the go0ernment is the ad0erse party b. They shall not collect any fee for their appearance in administrati0e proceedings including the local go0ernment unit of which he is an official c. They cannot accept pro bono criminal cases in0ol0ing indi0iduals who are not their constituents d. They shall not use property and personnel of the go0ernment 42. Which among the following choices is not a 0alid ground for withdrawal as counsel of a client? a. 'ac1 of confidence of the counsel on the sincerity of the client b. When the lawyer has been elected or appointed to public office c. $ossibility of conflict of interest d. Inability to wor1 with other counsels 4&. In certain instances! a lawyer is allowed to withdraw or retire from a court case without the consent of his client. Which of the following is not part of the procedure for such 0alid withdrawal? a. 3ile a motion for withdrawal in court b. er0e a copy of his motion upon his client and the ad0erse party at least & days before the date set for hearing c. *xecute 0erified affida0it of termination of ser0ices to accompany motion for withdrawal d. The motion should afford ample time to his client to get a replacement lawyer. 44. Ender the #i0il #ode! 5ttorney2s 3ees by way of damages can be reco0ered. Which of the following grounds is not a 0alid basis for the claim of attorney2s fees as damages? a. When exemplary damages are awarded b. In case of clearly unfounded ci0il action or proceeding against the lawyer c. In criminal cases or malicious prosecution against the plaintiff d. In cases of contingent fee arrangement where the fees of the lawyer is to be ta1en from the award of the lower court 4/. It is the equitable right of an attorney to ha0e the fees due him for his ser0ice be secured out of the =udgment for the payment of money and executions in pursuance thereof in the particular suit. a. %ight to Fuantum -eruit b. $ossessory 'ien c. #harging 'ien d. %etaining 'ien 44. Which of the following is not a ground for disbarment of lawyer? a. 8iolation of oath of office b. Withdrawal as a counsel de oficio c. (rossly immoral conduct d. #on0iction of a crime in0ol0ing moral turpitude 47. Which among the following lawyers are not sub=ect to the in0estigation of the I"$ under the grie0ance procedures of the %ules of #ourt? a. 'aw professors and bar re0iewers b. 'awyers commissioned as +otaries $ublic c. )udges of the 'ower #ourts d. 3ilipino lawyers o0erseas 49. -T# and -#T# =udges may perform notarial acts ex officio! howe0er certain requisites must concur before they can 0alidly perform such acts. Which among the requisites listed below is essential and is required for the -T# and -#T# =udge to 0alidly perform notarial acts ex officio? a. $ermission sought from and granted by the Affice of the #ourt 5dministrator b. #ertification be made in the notari,ed documents attesting to the lac1 of any lawyer or notary public of such municipality or circuit c. +otari,ation to be done after officer hours d. +otarial ser0ices are to be performed for free 4:. The period of time under the 1:97 #onstitution within which cases pending with the upreme #ourt are to be decided in the interest of speedy administration of =ustice? a. Two Dears b. 12 -onths c. 1 Dear d. 24 -onths />. What is the best form of ad0ertisement for a lawyer? a. Testimonials of former clients b. ?ard earned reputation for fidelity to pri0ate trust! excellence and dedication to the cause of his client c. Writing of legal articles in law =ournals d. *lection as officer and acti0e participation in the acti0ities of the I"$ /1. It is the failure of the lawyer to exercise on behalf of his client the 1nowledge! s1ill and ability ordinarily possessed and exercised by members of the bar resulting an actual loss to the client. a. (ross -isconduct b. Enethical +egligence c. -alpractice d. (ross $rofessional +egligence /2. Which of the following is true? a. Ender the 1:97 #onstitution #ongress has the power to repeal! alter and supplement the rules promulgated by the upreme #ourt b. ince its establishment! the upreme #ourt2s prerogati0e to determine who can enter the legal profession was unhampered and unfettered c. "efore the 1:97 #onstitution! #ongress can alter! repeal and supplement the rules promulgated by the upreme #ourt d. The promulgation of the %ules of #ourt is an exercise of the upreme #ourt2s law ma1ing power /&. The practice of law is GGGGGGGGGGGGGG? a. 5 natural or constitutional right guaranteed by the #onstitution b. 5n absolute right gi0en to bar passers c. 5 $ri0ilege or franchise granted by the tate d. 5 0ested right of those who ha0e been admitted to the "ar. /4. Ender the %ules of #ourt! citi,ens of the Enited tates may be allowed to practice law before the courts of the $hilippines upon a satisfactory showing of compliance with certain requisites. Which among the following is not is not included as a requisite? a. That they were duly licensed members of the $hilippine "ar before )uly 4! 1:44 b. That they ha0e ta1en the Aath of Affice c. That they ha0e submitted satisfactory proof of good moral character to the Affice of the "ar #onfidant and signing in the %oll of 5ttorney d. That they were acti0e practitioners of law in $hilippine #ourts and in good and regular standing! prior to )uly 4! 1:44. //. 5 law student can appear without compensation in any ci0il! criminal or administrati0e case under the 'aw tudent $ractice rule. Which among the following is not a condition imposed under the said rule? a. *nrollment as a third year law student in a recogni,ed law school b. *nrollment in a recogni,ed law school2s clinical law education program as appro0ed by the upreme #ourt c. 5ppearance under the direct super0ision and control of a member of the I"$ duly accredited by law d. The pleadings! briefs! memoranda are signed by the super0ising attorney /4. Which of the following statements is false? a. 5 law student under the 'aw tudent $ractice %ule is bound by the rule on pri0ilege communication b. 5 retired =udge6=ustice can practice law after retirement c. 5n attorney in appearing before a court is not required to show written proof 0ia a power of attorney that he is authori,ed to represent any cause in which he appears d. 5 disbarred lawyer cannot represent himself in court /7. ?e 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 ser0ices of an attorney to secure the ends of =ustice and to protect his rights a. $ro "ono 'awyer b. $ublic 5ttorney c. #ounsel de Afficio d. #ounsel de $arte /9. 5 citi,en of pain cannot in0o1e the Treaty of 5cademic .egree and *xercise of $rofessions between the $hilippines and pain to secure admission to the $hilippine "ar without examination. Which of the following choices is not a ground on which this ruling was anchored? a. panish citi,ens cannot be required to pay I"$ dues b. Anly 3ilipino citi,ens may be admitted to the "ar c. The prerogati0e of the upreme #ourt to determine who can =oin the legal profession cannot be encroached upon by the *xecuti0e "ranch d. 5 paniard cannot ta1e an oath of allegiance to the $hilippines and to support its #onstitution. /:. 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 ad0ise him as counsel. a. 5ttorney @ #lient %elation #ontract b. *mployment 5greement c. %etainer 5greement d. $rofessional er0ice 5greement 4>. Which of the following instances is not a specie of a lawyer2s unethical conduct of obstructing =ustice? a. 5s1ing the complaining witness not to appear so the case can be dismissed b. 5s1ing the client to plead guilty despite lawyer2s 1nowledge of innocence c. 5d0ising a client to escape d. %eporting to the authorities on the whereabouts of a client who escaped confinement e. Intentional 3orum shopping 41. This principle dispenses with e0identiary 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. Principle of Quid Pro Quo b. Res Ipis Loquitor c. ummary ?earing d. Principle of Volente non Fit Injuria 42. The integration of the $hilippine "ar has been upheld to be as constitutional. Which of the following grounds was not used in support of the upholding of #onstitutionality of the Integration. a. #ourt ha0e inherent power to super0ise and regulate the practice of law b. The practice of law is not a 0ested right but a pri0ilege c. The Integration of the "ar will raise needed re0enue 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 4&. Which of the following grounds is not a ground for the =udge to inhibit himself from trying a case? a. Ane of the counsels of the party is a fraternity brother b. The =udge! or his wife! or child! is pecuniarily interested as heir! legatee! creditor or otherwise c. The =udge has been an executor! administrator! guardian! trustee or counsel of any of the parties to the case now pending before him d. Ane of the counsels to the case is his twin sister 44. When a lawyer signs a pleading! he certifies to a host of things! which of the following is not included in such signification? a. ?e has read the pleading b. To the best of his 1nowledge and information! there is a good ground to support c. That the contents of the pleading merits the attention of the court d. That the pleading is not interposed for delay 4/. It is an a0erment of the party ma1ing a pleading that he is prepared to establish the truth of the facts! which he has pleaded. a. #ertification b. 5ttestation c. )urat d. 8erification 44. It is the pleading filed by the plaintiff! the office of which is to deny or allege facts in denial or a0oidance of new matters alleged by way of defense in the answer and thereby =oins or ma1es issues as to such matters. a. #ompulsory #ounterclaim b. %eply c. $ermissi0e #ounterclaim d. #ross claim 47. +o applicant shall be admitted to the bar examinations unless he has satisfactorily completed se0eral prescribed courses as pro0ided for under the %ules of #ourt. Which of the following courses is not a prescribed course. a. #i0il 'aw b. #ommercial 'aw c. -edical )urisprudence d. 'aw on tatutory #onstruction e. $olitical 'aw 49. It imports an act of baseness! 0ileness or depra0ity in the duties which one person owes to the other or to society in general! contrary to the customary rule of right and duty which a person should follow. a. (ross -isconduct b. -oral Turpitude c. Immoral #onduct d. (ross +egligence 4:. What is the basis of the relations of counsel and =udge? a. #onfidentiality b. Trust and cooperation among themsel0es c. ?igh regard for each other d. -utual trust and appreciation of the roles of one another in the administration of =ustice 7>. Which of the following duties of a lawyer is not included in his duties to the legal profession? a. Ephold the integrity and dignity of the legal profession and support the I"$ b. +ot to file baseless and unfounded suits c. #ourtesy! fran1ness and fairness to brother lawyers d. +ot to assist in the unauthori,ed practice of law e. +ot to encroach upon the employment of another lawyer. 71. 5 lawyer shall not di0ide or stipulate to di0ide a fee for legal ser0ices with persons who are not lawyers. Which of the following does not constitute as an exception to this rule? a. Where there is a preBexisting agreement with a partner or associate that upon his death! money shall be paid to his estate b. Where a lawyer underta1es 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. Which of the following choices is not a manifestation of respect by a lawyer to the courts? a. 5 lawyer shall appear in court properly attired b. 5 lawyer shall inform the court as soon as possible if he will be late for a hearing c. 5 lawyer shall punctually appear at court hearings d. 5 lawyer shall abstain from scandalous! offensi0e or menacing language 7&. It is a contract of employment between a client and an attorney for a particular ser0ice or case only. a. %etainer 5greement b. *ngagement contract c. pecial %etainer d. (eneral %etainer 74. Which of the following is not a factor considered in the appointment of a counsel de officio? a. (ra0ity of the Affense b. *xperience and ability of the appointee c. .ifficulty of the questions that may arise d. .egree of trust and confidence between the client and the counsel de officio 7/. 5 lawyer shall be bound by the rule on pri0ileged communication in respect of matters disclosed to him by a prospecti0e client. Which of the following does not constitute as an exception to this rule? a. When it is authori,ed by the client b. When the disclosure is necessary to win the case for the client c. When it is necessary to defend the lawyer! his employees or associates d. When there is an announced intention to commit a crime 74. Which of the following choices is not a requisite for the rule on the attorney client pri0ilege to apply? a. *xistence of attorney client relation b. #ommunication to the lawyer was made in strict confidence c. #ommunication must be made in the course of professional employment d. 'awyer swore himself to secrecy before the client 77. It is the rationale for attorney2s lien a. To preser0e the decorum and respectability of the legal profession b. To ensure that the lawyer will render efficient ser0ice at all times c. To ensure the presence of the lawyer during the trial d. To lessen graft and corruption of the legal profession 79. Which of the following is not a requisite of a charging lien? a. *xistence of attorney client relations b. 3a0orable money =udgment secured by the lawyer on behalf of his client c. #onsent gi0en by the client to the lawyer to record the charging lien d. 5ttorney has a claim for attorney2s fees or ad0ances 7:. 5 lawyer should a0oid the filing of any case against his clients for enforcement of attorney2s fees. This is the general rule! which among the choices constitutes as an exception. a. To pre0ent fraud against the lawyer b. To pre0ent a brea1down of the legal system c. To pre0ent strained relations between the lawyer and his client d. To pre0ent the lawyer from becoming unethical 9>. 5 lawyer shall withdraw his ser0ices only for good cause and upon notice appropriate under the circumstances. Which among the gi0en choices is not a 0alid 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 0iolati0e of the latter2s oath c. .eath of a lawyer where the legal representation is by a law firm d. #onflict of Interest on the part of the lawyer e. .eliberate failure of the client to pay attorney2s fees 91. Which of the following is not an effect of the disbarment of a lawyer? a. .epri0ation of the right to practice law on the part of the disbarred lawyer b. %emo0al of the name of the disbarred lawyer from the attorney2s roll c. .isbarred lawyer cannot appear before the courts to defend himself d. #essation of membership in the bar 92. The purchase of a client2s property in litigation is an act of malpractice. Which of the following is not a requisite for the existence of this unethical conduct. a. 'awyer is the counsel of the client at the time that he acquired the property in litigation b. 'awyer acquired the property by himself or thru another c. 'awyer paid for the property in cash. d. #lient consented to the acquisition made by the lawyer 9&. The upreme #ourt has the sole prerogati0e to reinstate disbarred lawyers. Which among the following choices is not considered in a disbarred lawyer2s application for reinstatement? a. #haracter or standing prior to disbarment b. #onduct subsequent to disbarment c. "ar *xamination result rating d. 3a0orable endorsement of lo0ed ones and fellow lawyers 94. Which of the following is not a source of )udicial *thics? a. #ode of )udicial #onduct b. %e0ised %ules of #ourt c. %e0ised $enal #ode d. upreme #ourt #irculars e. upreme #ourt %ule on +otarial $ractice f. #ode of $rofessional %esponsibility for 'awyers 9/. They are bar associations that appear in court as friends to expound in some matters of law for the information of the court a. 5micus #uriae b. Integrated "ar of the $hilippines c. 5mici par excellence d. 5mici #uriae 94. Which 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 =udgment and executions pursuant to the same c. The lawyer2s lien en=oys preference of credit o0er a creditor who subsequently recorded his credit d. The client or assignee who recei0es the proceeds of the =udgment holds it in trust for the lawyer 97. To whom does a lawyer owe his first and foremost duty? a. To the "ar b. To ociety c. To the #ourt d. To the #lient 99. Which of the following choices is not a requirement for the filing of a complaint for disbarment? a. 8erified #omplaint b. #omplaint must state clearly and concisely the facts complained of c. #omplaint must ha0e supporting documents attached to it d. ubscribed and sworn to before the Affice of the "ar #onfidant e. ix copies of the complaint must be furnished the Integrated "ar 9:. It is the basic purpose of disbarment. a. To punish the lawyer for his unethical beha0ior b. To protect the public from being preyed upon. c. To ser0e as a reminder and example to other lawyers to remain ethical d. To police the ran1s of the legal profession :>. Which of the following extra =udicial acti0ities is a =udge not prohibited from engaging in?
a. To write and teach b. To engage in #i0ic and #haritable acti0ities c. To be the ad0iser of the local chapter of the +ationalista $arty d. ports and other recreational acti0ities :1. <5 =udge should be li1e ;#aesar2s Wife<! what does this mean? a. The =udge should be ethical b. The =udge should decide cases promptly c. The =udge should refrain from ma1ing any comments in about cases pending in his court d. The =udge must not only be pure but he must also appear to be pure. :2. 5 =udge can be held criminally and administrati0ely liable for 1nowingly rendering an un=ust =udgment. Which of the following is not an element of this offense? a. The offender is a =udge b. ?e rendered an un=ust decision c. ?e rendered the decision in a case pending before him d. The =udgment was not supported by the records e. The =udge 1nows that the decision he rendered is un=ust :&. What is the liability of a lawyer who un=ustly retains in his hands the money of his client after it has been demanded? a. uspension b. $unishment for #ontempt as an Afficer of the #ourt c. #ensure d. %eprimand :4. Teaching is not deemed to be included in the definition of the terms ;practice of law< because of the absence of what attribute? a. #ompensation 6 5ttorney2s fees b. #ontract of %epresentation c. 5pplication of Hnowledge of 'aw d. 5ttorney @ #lient %elations e. ?abituality :/. The mista1e of a lawyer binds his client? Which is not an exception to this general rule? a. When the mista1e is purely technical in nature which does not affect the client2s cause b. If the mista1e was so gra0e and it is tantamount to depri0ing the client his day in court c. When the lawyer2s actions had the full concurrence of the client d. When the departure from procedure of the lawyer does not appear to ha0e impaired substantial rights :4. Ender the present %ules on +otarial $ractice! a notary public must discharge his functions as such in his office. Which among the following is not an exception to this rule? a. $ublic offices! con0ention halls! and similar places where oaths of office may be administeredI b. $ublic function areas in hotels and similar places for the signing of instruments or documents requiring notari,ationI c. ?ospitals and other medical institutions where a party to an instrument or document is confined for treatmentI d. In any place where all the parties to the document to be notari,ed can be found :7. The term GGGGGGGGGGGGGGGG refers to a notarial act in which an indi0idual on a single occasionJ appears in person before the notary public and presents an instrument or documentI is personally 1nown to the notary public or identified by the notary public through competent e0idence of identity as defined by these %ulesI and signs the instrument or document in the presence of the notary public. a. ignature confirmation b. ignature witnessing c. ignature 0erification d. ignature authentication :9. ;GGGGGGGGGK refers to an act in which an indi0idual on a single occasion appears in person before the notary public and presents an instrument or documentI is personally 1nown to the notary public or identified by the notary public through competent e0idence of identity as defined by these %ules! signs the instrument or document in the presence of the notaryI and ta1es an oath or affirmation before the notary public as to such instrument or document. a. )urat b. 5c1nowledgment c. 5ttestation d. 8erification ::. ;GGGGGGGGGGGGGGGGGGGGGGGGK refers to a notarial act in which a notary public is presented with an instrument or document that is neither a 0ital record! a public record! nor publicly recordable copies or super0ises the copying of the instrument or document! compares the instrument or document with the copyI and determines that the copy is accurate and complete. a. #opy 5uthentication b. #opy 8erification c. #opy #ertification d. #opy 5ttestation 1>>. It is not a mere collection of words! rather it is a solemn 0ow! a contract of underta1ing of the highest order. a. #ode of $rofessional %esponsibility for 'awyers b. %ules of #ourt on 'egal and )udicial *thics c. #anons of 'egal #onduct d. 5ttorney2s Aath 1>1. 5ll of the following! but one! correctly describes what legal profession isJ a. 'egal profession is affected with public interest because it is concerned with the administration of =ustice. b. 5 lawyer see1s =ustice for his client secondary to earning a li0ing. c. The practice of law is a pri0ilege in the sense that only those qualified are allowed. d. It is not a business concerned with profits e. 1nowledge and application of the legal principles and techniques constitute practice of law. 1>2. Which of the following is wrong statement about good moral character as a requirement in the practice of law? a. (ood 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 one2s application for admission in the bar examination. d. (ood moral character is a continuing requirement before and after admission in the practice of law e. 5 person who has a pending case in court in0ol0ing moral turpitude does not possess good moral character and not entitled to practice law. 1>&. 5 lawyer en=oys rights and pri0ileges in the practice of law during good beha0ior! except one of the followingJ a. ?e en=oys presumption of regularity in the discaharge of his functions. b. ?e is quasiB=udicia officer of the court. c. ?e en=oys immunity of third persons in the performance of his obligation to his client. d. ?e can protest un=ustified delay in the admission of =ustice. e. ?is statement! e0en if rele0ant! pertinent or material to the sub=ect of =udicial inquiry are not pri0ileged. 1>4. 'awyers can appear in court and bind their clients if they can pro0e all of the following! except oneJ a. ?e must be authori,ed to appear under a special power of attorney gi0en by the client. b. 5n attorney is presumed to be properly authori,ed whene0er he appears in the court to represent a client. c. 5n attorney has complete control of procedural matters in court d. 5n attorney cannot enter into a compromise on financial matters without the consent of the client. e. 5 lawyer can represent a client if assigned by the court 1>/. Which one does not apply to disciplinary proceedings against a lawyer? a. .isbarment proceedings against a lawyer is criminal in nature. b. it is administrati0e proceeding c. The purpose of the proceeding is to re0o1e 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. 1>4. The following rules require the lawyer to obser0e and maintain the respect due to courts =udicial officers! except oneJ a. ?e shall appear in court properly attired b. ?e shall appear promptly in court hearings c. ?e shall not misuse the rules procedure to defeat the ends of =ustice. d. ?e shall abstain from using scandalous or offensi0e language before the court. e. ?e shall submit grie0ances against a =udge to the proper authorities only. 1>7. Anly one of the following rules is not a duty of the lawyer to assist in the speedy and efficient administration of =ustice. a. 5 lawyer shall not file multiple actions arising from the same cause b. ?e shall not misuse court process c. ?e shall not unduly impede the execution of =udgement d. ?e shall not 1nowingly assist a witness to misinterpret himself e. ?e shall not attribute a =udge moti0es not supprted by the record 1>9. 5ll of the following except one! require a lawyer to obser0e candor! fairness and loyalty in all his dealings and transactions with his clientsJ a. 5 lawyer shall be bound by the rule on pri0ilege communication in respect of all matter disclosed to him by a prospecti0e client b. 5 lawyer shall not state or imply that she is able to influence any tribunal. c. ?e shall not decline to represent a client solely because of his opinion regarding the quit of said preson. d. ?e shall when ad0ising the client! gi0e a candid and hinest opinion on the merits and probable results of his clients case. e. ?e shall imprese upon his client compliance with the laws and principle of fairness. 1>:. 5ll but one imposes ipon the lawyer to the obligation to preser0e the confidence nd secrets of the client e0en after the attourneyBclient relationship is terminated. a. ?e shall not re0eal the confidences and secret of the client except when authori,ed by the client b. 5 lawyer may disclose the affairs of a client of a firm to partners or associate thereof! unless prohibited by the client. c. 5 lawyer engage freely in con0ersation about the client2s affairs with the members of his family. d. ?e shall not re0eal the confidences or secrets of his client except when required by the law. e. 5 lawyer shall not re0eal the confidence and secrets of his client except when nexessary to collect his fees. 11>. 5tty ? was appointed by the trial court to ser0e as pro bono counsel for F who was charged with -alicious -ischief. 5tty. ? failed ti notice that the crime for which F was charged had prescribed. 3ortunately! the trial court noted this fact this fact and thus dismissed the case. ?owe0er! in its order! the trial court too1 note of atty. ?2s sloppy research and stated that ? would ha0e sa0ed e0eryone 0aluable time and resource had he noted the fact of prescription early on. 5tty. ? filed a motion to stri1eout that portion of the trial court abused its discretion as such comment was clearly unnecessary! Is 5tty. ?2s contention correct? a. +o! because 5tty. ? should answer for the consequences of his negligenceJ b. Des! because if the trial court wanted to hold 5tty. ? administrati0ely liable! it should ha0e filed the appropriate complaint before the upreme #ourtJ c. +o! because 5tty. ? was bound to ser0e the interest of his client to the best of his ability and the trial court has discretion to pint out his negligence.. d. Des! because the trial court should ha0e ta1en note that 5tty. ? was merely handling the case pro bono and no harm to the accused. 111. The abbre0iation ;< -eansJ a. worm tatement b. cilicet c. pecific ite! meaning! specific place 112. "oth appelant2s brief and appellee2s brief must contain. a. ub=ect index! statement of facts and argument. b. 5ssignment of errors and statement of issies. c. 5rguments and reliefs. 11&. 5ll except one of the following is not genderBneutralJ a. chairman B chairperson b. husband6wife B spouse c. manpower @ wor1 force d. fatherland B motherland 114. The %e0ised %ules of #ourt applicable to pleadings shall apply 0to writte motions sa far as concernsJ a. caption! body! signature! and 0erification. b. cation! tittle! prayer! certification! and explanation. c. caption! designation signature! and other matters of form.
11/. .ocuments written in an unofficial language or local dialect shall not be admitted as e0idence unless accompanied with a translation into L a. *nglish or spanish b. *nglish or 3ilipino c. *nglish panish or 3ilipino 114. 'egal and )udicial 3orms appended to the %e0ised %ules of #ourt areJ a. mandatory b. merely illustrati0e c. to be copied 0erbatim 117. 5ll of the following! but one! correctly describes what legal profession isJ a. 'egal profession is affected with public interest because it is concerned with the administration of =ustice. b. 5 lawyer see1s =ustice for the client secondary to earning a li0ing. # The practice of law is a pri0ilege in the sence that only those qualified are allowed. d. It is not a business concerned with profits. e. Hnowledge and application of the legal principles and techniques constitute practice of law. 119. Which of the following is wrong statement about good moral character as requirement in the practice of the law? a. (ood moral character is what a person is really is as distinguished for mere reputation. b. It includes common honesty c. This is a requirement only upon one2s application for admission in the bar examination. d. (ood moral character is a continuning requirement before and after admission in the practice of law. e. 5 person. 11:. 5ll! exept one of the following! need written special power of attorney executed by client in fa0or of his attorneyJ
a. #ompramise agreement b. Wai0er of appeal from a =udgement c. Wai0er of ob=ections to 0enue f an action d. #ourt appearance 12>. The attorneyBclient pri0iledged communication rule applies toJ a. 'awyer and his secretary! stenographer or cler1 b. 'awyer2s partner! associate and the memebers of the law firm c. enior law student acting for the legal clinic of the law school. d. 5ll of the abo0e. 121. 5ward of attorney2s fees! in its extraordinary concept! belongs toJ a. #lient b. 'awyer c. +eithetr of the abo0e 122. Which of the following is not prohibited in the philippines? a. #ontingent fee arrangement b. 5mbulance chasing c. "arratry d. #hamperty 12&. The first duty of an attorney is toJ a. ?is client b. ?is professional colleagues c. The administration of =ustice d. *arning of his li0elihood 124. Which of the following is not correct?
a. The canons of $rofessional *thics is complementary to the code of $rofessional %esponsibilty b. The new of #ode )udicial #onduct for the $hilippines )udiciary is an offshoot of the code of )udicial #onduct and #anons of )udicial *thics c. The code of $rofessional %esponsibility repeals the canons of $rofessional *thics 12/. 5 lawyer may be disciplined by the upreme #ourt in connection withJ a. ?is professsional conduct as a lawyer only b. $ri0ate conduct as a pri0ate citi,en only c. ?is professional as well as pri0ate conduct 124. The #ode of $rofessional %esponsibility M#$%N hasJ
a. 22 #anons and 77 %ules b. 22 #anons and 17 rules c. 4 #anons and 44 ections d. 4 #anons and 22 ections 127. 5 clientBattorney relatioship is establishedJ a. The moment a person see1 legal ad0ice of an attorney and the latter reders his legal assistance to the former b. The moment a person pays atoorney2s acceptance fee abd the lawyer accepts the same c. The moment a lawyer and the client sign a written contract of engagement of legal ser0ices of an attorney 129. Which of the following ststement is true? a. $endency of a criminal case against a lawyer is a pre=udicial question to an administrati0e case against him in0ol0ing the same facts b. #on0iction of a lawyer in a criminal case poses a double =eopardy question in an administrati0e case against the same lawyer in0ol0ing the same facts c. 5quittal of a lawyer in criminal case necessarily absol0es him in the administrati0e case against him in0ol0ing the same facts d. There is none of the abo0e 12:. 5n administrati0e chrage against a =udge may be institute a. "y the upreme #ourt motu proprio b. "y a 0erified complaint c. "y an anonymous complaint supported by documents d. "y either of the abo0e 1&>. Who among the persons below may practice law? a. (o0ernor b. 8iceBgo0ernor c. #ongressman d. enator e. %T# )udge 1&1. There is conflict of interestJ 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 1&2. Which of the following terminates an administrati0e case against a =udge? a. %etirement of the =udge b. .eath of the =udge c. .esistance of the complaint d. #ompromise agreement between the complaint and the =udge e. +one of the abo0e 1&&. $ro se litigation is allowed in the $hilippines a. True b. 3alse 1&4. The sub=ect matter of litigation! the cause of action! and the claim or demand belongs toJ a. 'awyer b. #lient c. "oth the lawyer and the client d. #ourt 1&/. Which of the following statement is not tenable? a. 5 =udge may diaqualify himself from sitting in a case for =ust or 0alid reasons b. 5 =udge may disqualify himself based on his conscience and sound of discretion c. 5 =udge may inhibit himself if the case before his is too complicated! no0el! contro0ersial sensational! arousing public opinion or in0iting public criticism d. 5 =udge shall not inhibit himself from deciding a case by reason of the silence! obscurity or insufficiency of the laws 1&4. What is not considered contempt of court? a. 5ssuming to be an attorney and acting as such wtihout authority b. Abstruction of =ustice c. #ontempt of the =udge d. #ontempt of the state 1&7. 5 motion to dismiss filed by respondent lawyer or =udge in an administrati0e caseJ a. hould be reso0led by the in0estigating Afficer or "ody b. hould be merely noted by the in0estigating Afficer or "ody c. hould raise a 0alid ground for dismissal such as lac1 of cause of action ANSWER KEY LEGAL ETHICS AND JUDICIAL FORMS 1. " &1. # 41. " :1.# 121. 5 2. # &2. . 42. # :2.# 122. 5 &. # &&. " 4&. 5 :&.. 12&. # 4. 5 &4. . 44. # :4.. 124. # /. " &/. # 4/. . :/.# 12/. # 4. . &4. " 44. " :4.. 124. 5 7. # &7. . 47. . :7." 127. 5 9. 5 &9. " 49. " :9.5 129. . :. # &:. 5 4:. . ::.# 12:. . 1>. . 4>. " 7>. " 1>>.. 1&>. " 11. * 41. # 71. # 1>1." 1&1. 5 12. " 42. 5 72. " 1>2.# 1&2. 3 1&. # 4&. # 7&. # 1>&.# 1&&. 5 14. # 44. . 74. . 1>4.5 1&4. " 1/. # 4/. # 7/. " 1>/." 1&/. # 14. " 44. " 74. . 1>4.. 1&4. # 17. " 47. # 77. . 1>7.# 1&7. " 19. . 49. " 79. # 1>9.5 1:. * 4:. . 7:. 5 1>:.# 2>. # />. * 9>. # 11>.. 21. # /1. # 91. # 111.* 22. # /2. # 92. . 112." 2&. . /&. # 9&. # 11&.# 24. # /4. # 94. * 114.# 2/. " //. 5 9/. # 11/.# 24. * /4. . 94. 5 114." 27. # /7. # 97. # 117." 29. * /9. 5 99. . 119.. 2:. # /:. # 9:. " 11:. . &>. # 4>. . :>. # 12>. .