UNIVERSITY OF BOHOL COLLEGE OF LAW Tagbilaran City BAR OPERATIONS 2012

MCQ IN LEGAL ETHICS

2nd Batch 1. The power of the Supreme Court to regulate the practice of law includes the following except:

A. Prescribe the qualifications of a candidate B. Decide who will be admitted to practice C. Discipline, suspend or disbar any member unfit and unworthy of the bar D. Exercise overall supervision of the legal profession including lawyers ANS: D 2. Who among the following is not exempt from the required MCLE?

A. Deans B. Bar reviewers C. Professor of laws D. Assistant secretaries of the DOJ ANS: C 3. First statement: A lawyer may allow his client to dictate the procedure in handling the case Second Statement: A lawyer is not mandated to charge fair and reasonable fees

A. Only first statement is correct B. Only second statement is correct C. Both statements are correct D. Both statements are not correct ANS: D 4. An RTC judge must possess the following except:

A. Citizen of the Philippines B. At least 35 years old C. Must have been for 10 years engaged in the practice of law D. Must be a person independence ANS: D 5. A branch of moral science which treats of the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for adjudication which conduct must be demonstrative of impartiality, integrity, competence, independence and freedom from improprieties. of proven competence, integrity, probity and

A. Legal Ethics B. Judicial Ethics C. Code of Professional Responsibility D. Code of Judicial Ethics ANS: B 6. The IBP Board of Governors may initiate and prosecute proper charges against erring attorneys including those in the government by any of the following means, except:

A. Moto propio

B. Upon referral by the SC C. At the instance of any person D. By an unverified complaint ANS: D 7. ____________ fee is conditioned on securing a favorable judgment and recovery of money or property and the amount of which may be on percentage basis.

A. Absolute B. Fixed C. Contingent D. Retainer ANS: C 8. A lawyer may be employed as counsel by the client by any of the following ways, except:

A. Orally B. Expressly C. Impliedly D. Written ANS: D 9. A conduct which is unquestionably so corrupt as to constitute a criminal liability, so unprincipled as to be reprehensible to a high degree, and committed uder such scandalous and revolting circumstances.

A. Estafa B. Gross immorality C. Immoral conduct

D. Gross ignorance ANS: B 10.A lawyers responsibility to himself and society includes the following duties, except:

A. Duty to be an efficient lawyer B. Duty to keep abreast of legal developments C. Duty to uphold the constitution D. Duty of professional courtesy ANS: D 11.An attorney whose name is entered in the records of an action or suit as the lawyer of the designated party.

A. Counsel de officio B. Counsel C. Attorney of record D. Legal counsel ANS: C 12.An association of members of the legal profession like the Integrated Bar of the Philippines where membership is integrated or compulsory.

A. Bar association B. Bar union C. Lawyers club D. Legal group ANS: A 13.First statement: A lawyer shall not directly or indirectly assist in the unauthorized practice of law.

Second statement: A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing.

A. Only first statement is correct B. Only second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 14.It is an act taken against the lawyer that he shall not state nor imply that he is able to influence any public official, tribunal or legislative body.

A. Forum shopping B. Influence peddling C. Ambulance chasing D. Filibustering ANS: B 15.One where the lawyer stipulates with his client in the prosecution of the case that he will bear all of the expenses for the recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing or property recovered as compensation.

A. Contingent fee B. Champertous contract C. Retainer agreement D. Innominate contract ANS: B 16.It is a failure to do something ordered by the court for the benefit of a party.

A. Direct contempt B. Indirect contempt C. Civil contempt D. Criminal contempt ANS: C 17.An officer who is not fully invested with all the powers and duties conceded to judges, but exercising the office of a judge under some color or right.

A. De jure judge B. De facto judge C. Legitimate judge D. Illegitimate judge ANS: B 18.First statement: Impeachment proceedings against Supreme Court Justices are penal in nature.

Second statement: In the judiciary, only Supreme Court Justices are subject to impeachment.

A. Only first statement is correct B. Only second statement is correct C. Both statements are correct D. Both statements are not correct ANS: B 19.The temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time.

A. Suspension B. Reprimand C. Admonition D. Warning ANS: A 20.A fee payable not to the lawyer but to the client unless there is an agreement that the award shall pertain to the lawyer as an additional compensation.

A. Ordinary fee B. Extraordinary fee C. Attorneys fee D. General retainer ANS: B 21.One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court.

A. Direct contempt B. Indirect contempt C. Civil contempt D. Criminal contempt ANS: B 22._______________ refers to the knowledge of the attorney imputed to the client, while the former is acting within the scope of his authority.

A. Presumption of authority B. Doctrine of imputed knowledge C. Authority of a lawyer

D. Pleading preparation ANS: B 23.Any inexcusable, shameful or flagrant, unlawful conduct on the part of the person concerned in the administration of justice which is prejudicial to the rights of the parties or to the right determination of a cause, a conduct by a predetermined, obstinate, or intentional purpose.

A. Gross immoral conduct B. Gross ignorance of the law C. Gross misconduct D. Crime involving moral turpitude ANS: C 24.An act or fact putting one on his guard against an impending danger, evil consequence or penalty.

A. Suspension B. Reprimand C. Admonition D. Warning ANS: D 25.The term ________ means as much as the lawyer deserves or such amount as his services merit.

A. Contingent fee B. Champertous contract C. Retainer agreement D. Quantum meruit ANS: D

26.It is a conduct which is willful, flagrant, or shameless, and shows a moral indifference to the opinion of the good and respectable members of the community.

A. Gross immorality B. Gross ignorance C. Immoral affair D. Immoral conduct ANS: C 27.A type of lien referring to a right to retain the funds, documents and papers against the client until the attorneys fees is fully paid.

A. Attorneys lien B. Charging lien C. Retaining lien D. Clients lien ANS: C 28.Remedies against the unauthorized practice of law are the following, except:

A. Declaratory relief B. Petition for injunction C. Contempt of court D. Mandamus ANS: D 29.Appearance by a lawyer in his own behalf refers to a _____________.

A. Counsel de officio

B. Titulo de abogado C. Pro se D. Legal counsel ANS: C 30.Which of the following duties is not a responsibility of a lawyer to himself and to the court?

A. Duty not to influence the judges B. Duty to withdraw services for good cause only and upon notice C. Duty to give respect to the courts D. Duty to assist in the speedy administration of justice ANS: B

31.A member of the legislature may not accept an appointment in an office which was created nor had emoluments increased during the lawmakers term of office.

A. Forbidden office B. Incompatible office C. Unauthorized office D. Illegal office ANS: A 32.____________ consists of any conduct directed against the authority or dignity of the court.

A. Direct contempt B. Indirect contempt C. Civil contempt

D. Criminal contempt ANS: A 33.The following offices are authorized to investigate disbarment cases, except:

A. Supreme Court B. Court of Appeals C. Integrated Bar of the Philippines D. Office of the Solicitor General ANS: B 34.It refers to the prohibited act if filing repetitious suits in different courts.

A. Ambulance chasing B. Barratry C. Forum shopping D. Multiple actions ANS: C

35.First statement: A lawyer shall refrain from talking to his witness during a break or recess in the trial while the witness is still under examination. Second statement: A lawyer is allowed to talk to his witness during a break or recess in the trial while the witness is still under examination. A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: A

36.An equitable right to have the fees and lawful disbursements due a lawyer for his services in a suit secured to him out of the judgment for the payment of money and executions issued pursuance thereof in a particular suit:

A. Professional fees B. Charging lien C. Attorneys lien D. Legal fees ANS: B 37.Which of the following duties is not a duty of the lawyer to the society?

A. Duty to support the improvement of the legal system B. Duty of honest and dignified pronouncement of legal service C. Duty to uphold the laws D. Duty to serve with diligence ANS: D 38.Conduct which is willful, flagrant, shameless and shows moral indifference to the opinion of the good and respectable members of the community.

A. Gross immoral conduct B. Gross ignorance of the law C. Gross misconduct D. Crime involving moral turpitude ANS: A 39.A public and formal censure or severe reproof, administered to person at fault, by his superior officer or the body to which he belongs.

A. Suspension

B. Reprimand C. Admonition D. Warning ANS: B 40.First statement: disbarment proceedings against lawyers are sui generis.

Second statement: disbarment proceedings are confidential.

A. Only first statement is correct B. Only second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 41.The following are the qualifications of the Supreme Court and Court of Appeals Justices, except:

A. Natural born citizen B. At least 50 years old C. Must have been a judge of the lower court or engaged in the practice of law for 15 years or more D. Must be a person independence ANS: B 42.Implies negligence, incompetence, ignorance, and carelessness of a judge. of proven competence, integrity, probity and

A. Serious misconduct B. Inefficiency

C. Incompetence D. Gross ignorance ANS: B 43.Any member may voluntarily terminate his membership by filing a verified notice to such effect with the Secretary of the IBP, who shall bring the matter to the attention of the SC.

A. Suspension B. Resignation C. Retirement D. Impeachment

ANS: B

44.Appointed by a court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts therein and who is authorized by the statute to administer oath.

A. Counsel de officio B. Counsel de parte C. Private prosecutor D. Notary public

ANS: D

45.This refers to a transgression of any provision of law which need not be a penal law.

A. Unlawful conduct B. Moral turpitude C. Gross ignorance D. Gross misconduct ANS: A 46.Any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience.

A. Criteria for the practice of law B. Practice of law C. Regulation of practice of law D. Nature of the practice of law ANS: B 47.First statement: a lawyer shall serve his client with competence and diligence. Second statement: a lawyer shall account for all the money or property collected or received for or from the client.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are wrong ANS: C 48.An attorney-client relationship does not include which of the following characteristics?

A. Strictly personal B. Highly confidential

C. Fiduciary in nature D. Purely business ANS: D 49.Imports an act of business, vileness, or depravity in the duties which one person owes to another or to society in general which is contrary to the usually accepted and customary rule of right and duty which a person should follow.

A. Unlawful conduct B. Moral turpitude C. Gross ignorance D. Gross misconduct ANS: B 50.It focuses on each particular case and seeks to insure the ability to decide cases with autonomy within the constraints of the law.

A. Individual judicial independence B. Independent in fact C. Independent in appearance D. Institutional judicial independence ANS: A 51.The following qualifications are required of MTC judges, except:

A. Citizen of the Philippines B. At least 30 years old C. Must have been for 5 years engaged in the practice of law D. Must be a person independence of proven competence, integrity, probity and

ANS: D 52.One who is exercising the office of a judge as a matter of right, an officer of a court who has been duly and legally appointed.

A. De jure judge B. De facto judge C. Legitimate judge D. Illegitimate judge ANS: A 53.First statement: Disbarment proceedings are neither civil nor criminal.

Second statement: Disbarment proceedings are imprescriptible.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 54.This means the readmission to membership in the Bar and the restoration to a disbarred lawyer the privilege to practice law.

A. Petition to take the oath B. Reinstatement C. Signing in the Roll of Attorneys D. Oath ceremony

ANS: B

55.___________ refers to an official reprimand.

A. Probation B. Interim suspension C. Disbarment D. Censure ANS: D 56.A sanction that allows a lawyer to practice law under specified terms.

A. Probation B. Interim suspension C. Disbarment D. Censure ANS: A 57.Consists of misbehavior in the presence of or so near the court or judge as to interrupt or obstruct the proceedings before the court or administration of justice.

A. Direct contempt B. Indirect contempt C. Civil contempt D. Criminal contempt ANS: A 58.One who acts as attorney for a business though as an employee of that business and not as an independent lawyer.

A. In house or house counsel B. Lawyer C. Lead counsel D. Collaborating counsel

ANS: A

59.The following public officials are with restrictions in the practice of law, except:

A. Senators B. City councilor C. Retired justice D. Congressmen ANS: B 60.Remedies against the unauthorized practice of law include the following, except:

A. Complaint for estafa B. Administrative complaint C. Disqualification and disbarment proceeding D. Specific performance ANS: D 61.The lawyers first duty is to the:

A. Law B. State

C. Client D. Court ANS: D 62.First statement: Judges must also keep abreast of the laws, rulings, and doctrines of the Supreme Court.

Second statement: Judges are also bound by the Code of Professional Responsibility.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 63.The best advertisements for a lawyer is through a/an:

A. Newspaper B. Public launching of a law office C. Well deserved reputation and competence, honesty and fidelity to private trust and public duty D. Extravagant lifestyle ANS: C 64.An offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise.

A. Ambulance chasing B. Barratry C. Tempering client

D. Filibustering

ANS: B 65.__________ refers to the formenting of litigation with resulting burdens on the courts and the public.

A. Ambulance chasing B. Barratry C. Tempering client D. Filibustering ANS: A 66.The lawyers primary duty is to the:

A. Law B. State C. Client D. Constitution ANS: D 67.The power of admission to the practice of law by the Supreme Court is a/an:

A. Inherent power B. Constitutional power C. Lawful power D. Significant power ANS: B 68.A lawyer named and appointed by the court to represent a party, usually an indigent defendant, in a criminal case.

A. Trial lawyer B. Litigation lawyer C. Attorney-at-law D. Counsel de officio

ANS: D

69.Literally means friend of court.

A. Trial lawyer B. Litigation lawyer C. Amicus Curiae D. Legal counsel

ANS: C

70.A branch of moral science which treats of the duties which an attorney owes to the coirt, to his client, to his colleagues in the profession, and to the public.

A. Judiciary B. Legal Ethics C. Legal Science D. Ethical Standards

ANS: B

71.A general term referring to a person trained in the law and authorized to advise or represent others in legal matters.

A. Client B. Judge C. Lawyer D. Professor of law ANS: C 72.The class of persons who are by license, officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

A. Trial lawyers B. Litigation lawyers C. Attorneys-at-law D. Legal counsels

ANS: C

73.It is a temporary suspension of a lawyer from the practice of law pending imposition of discipline.

A. Probation B. Interim suspension C. Disbarment D. Censure

ANS: A

74.The means to ensure that throughout the lawyers career, they keep abreast with the law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

A. Refresher course B. Mandatory continuing legal education C. Mandatory legal service D. Master of laws degree conferment ANS: B 75.First statement: An applicant must show that no charges against him involving moral turpitude have been filed or pending in a court in the Philippines.

Second statement: The question as to whether an offense involves moral turpitude is not for the Supreme Court to decide.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: A 76.The Rules of Court provide for the following requirements before one can be admitted to the bar. Which is not a requirement?

A. Citizen of the Philippines B. Earned degree from a reputable law school C. At least 21 years of age D. A person of good moral character

ANS: B

77.First statement: Unauthorized practice on the part of the person who assumes to be an attorney causing damage to another is considered estafa.

Second statement: A government official prohibited to practice law may be held criminally liable.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 78.All of the following are prohibited to engage in the practice of law, except:

A. Governors B. Municipal mayors C. City mayors D. Sanggunian members

ANS: D

79.First statement: The negligence of a member in the law firm is the negligence of the firm.

Second statement: The name of the partner should be dropped from the firm name when he accepts public office.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 80.An experienced lawyer, usually a retired member the judiciary, employed y law firms as consultant.

A. Pro se B. Titulo de abogado C. Of counsel D. Counsel de officio

ANS: C

81.A gentle or friendly reproof, mild rebuke, warning, reminder or counseling on fault, error or overnight, an expression of authoritative advice.

A. Suspension B. Reprimand C. Admonition D. Warning ANS: C 82.It is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline.

A. Probation B. Interim suspension C. Disbarment D. Censure ANS: B 83.It is the act of the Philippine Supreme Court of withdrawing from an attorney the right to practice law. The name of a lawyer is stricken out from Roll of Attorneys.

A. Probation B. Interim suspension C. Disbarment D. Censure ANS: C 84.Judges and justices must conduct themselves as to be beyond reproach and suspicion, and be free from appearance of impropriety in their personal behavior not only in the discharge of official duties but also in their everyday lives.

A. Attitude towards counsel B. Attitude towards fellow judges C. Proper judicial conduct D. Proper legal conduct

ANS: A

85.A pre-requisite to the rule of law and a fundamental guarantee of a fair trial.

A. Judicial independence B. Independent in fact C. Independent in appearance D. Independent in fact and appearance ANS: A 86.Focuses on the independence of the judiciary as a branch of government and protects judges as a class.

A. Individual judicial independence B. Independent in fact C. Independent in appearance D. Institutional judicial independence

ANS: D

87.Implies malice or wrongful intent not a mere error of judgment.

A. Serious misconduct B. Inefficiency C. Incompetence D. Gross ignorance ANS: A

88.The title attorney is reserved to those who met the prescribed requisites, which of the following requisites is not required?

A. Have successfully taken the bar

B. Have been admitted to the Integrated Bar C. Members of good standing D. Have obtained the necessary degree ANS: D 89.First statement: A lawyer has the privilege and the right to practice law during good behavior before any judicial, quasi-judicial or administrative tribunal. Second statement: An attorney enjoys the presumption of regularity in the discharge of his duty. A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 90.First statement: The rights and privileges which an attorney enjoys as an officer of the court are as necessary for the proper administration of justice as for the protection of the attorney and not his client. Second statement: An attorney has other privileges than those which are inherent in his status as a quasi-judicial officer. A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: B 91.First statement: The rules and ethics of the legal profession demand that an attorney subordinate his personal and private duties to those which he owes to the court and the public Second statement: An attorney assumes his obligations to the public as an officer of the court before he ever has a client. A. Only the first statement is correct

B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: C 92.These characteristics make the law a noble profession and the privilege to practice it is bestowed only upon individuals who are competent of the following aspects, expect:

A. Intellectually B. Academically C. Morally D. Spiritually

ANS: D

93.All of the following statements are not correct, except:

A. Law advocacy is not capital that yields profit. B. The returns are simple rewards for a job done or service rendered. C. Law is a branch of the administration of justice. D. The legal profession is a money-making trade. ANS: D 94.Which of the following statements is true?

A. A litigant is ordinarily versed in the law and its intricacies. B. A litigant who is a lawyer is not expected to know the rules and the law. C. A relation to clients is in some degree of fiduciary.

D. The practice of law may only be exercised by natural persons.

ANS: D

95.A party litigant needs the assistance of counsel in all proceedings, except in __________ proceedings.

A. Administrative B. Civil C. Criminal D. Labor ANS: D 96.First statement: No custodial investigation can be conducted unless it be in the presence of counsel engaged by the person arrested or appointed by the court upon petition either of the detainee himself or by anyone on his behalf. Second statement: While he may waive his right to counsel, such waiver to be valid and effective need not be made with the assistance of a counsel. A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct ANS: A 97.The following statements constitute practice of law, except:

A. Implies customarily or habitually holding oneself out to the public as a lawyer. B. Teaching law or writing law books or articles. C. Practice is more than an isolated appearance.

D. When one sends circular announcing the establishment of a law office for the general practice.

ANS: B

98.A lawyer to remain in good and regular standing must comply with the following requirements for the practice of law, except:

A. Regularly pay all IBP membership dues and other lawful assessments as well as annual privilege tax. B. Faithfully observe the rules and ethics of the legal profession. C. Continually subject to judicial disciplinary control. D. Must practice in the government of the Philippines.

ANS: D

99.First statement: the practice of law is not a natural, property or constitutional rights but a mere privilege.

Second statement: practice of law is in the nature of franchise conferred only for merit which must be earned by hard study, learning and good conduct.

A. Only the first statement is correct B. Only the second statement is correct C. Both statements are correct D. Both statements are not correct

ANS: C

100.

A judge should be the embodiment of:

A. Financial stability B. Partiality C. Incompetence D. Independence ANS: D