Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Who is entitled to practice law? | SECTION 1. Who may practice law.—Any person heretofore duly admitted as a member of the bar, or thereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. |
| [2] What are the requirements for all applicants for admission to the bar? | Every applicant for admission as a member of the bar must be: (1) a citizen of the Philippines, (2) at least twenty-one years of age, (3) of good moral character, and (4) a resident of the Philippines. The applicant must produce before the Supreme Court satisfactory evidence (1) of good moral character, and (2) that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. (SEC. 2) |
| [3] Complete the following: SEC. 20. Duties of attorneys.—It is the duty of an attorney: (a) To _______________ to the Republic of the Philippines and to __________ the Constitution and obey the _______________. (b) To observe and maintain the respect due to the _______________; (c) To counsel or maintain such actions or proceedings only as appear to him to be __________, and such defenses only as he believes to be _______________; | SEC. 20. Duties of attorneys.—It is the duty of an attorney: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. (b) To observe and maintain the respect due to the courts of justice and judicial officers; (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; |
| [4] SEC. 20. Duties of attorneys.—It is the duty of an attorney: (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are ____________________, and never seek to mislead the judge or any judicial officer by an ____________________; (e) To _______________ the confidence, and at every peril to himself, to preserve the _______________, and to _______________ in connection with his client's business except from him or with his knowledge and approval; | (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; |
| [5] SEC. 20. Duties of attorneys.—It is the duty of an attorney: (g) Not to encourage either the _______________ of an action or proceeding, or _______________, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the _______________; (i) In the defense of a person accused of crime, by all _______________, regardless of his personal opinion as to the guilt of the accused, to present ____________________, to the end that no person may be deprived of life or liberty, but by _______________. | (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. |
| [6] An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client. Exception? | The presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. (SEC. 21) |
| [7] What is the consequence if an attorney willfully appears in court for a person without being employed and without leave of the court? | The attorney may be punished for contempt as an officer of the court who has misbehaved in his official transactions. (SEC. 21) |
| [8] SEC. 22. An attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal, unless ___________________. | he files a formal petition withdrawing his appearance in the appellate court. |
| [9] Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. Exception? | But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash. (SEC. 23) |
| [10] SEC. 24. Compensation of attorneys; agreement as to fees.—An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the ___________________, the ___________________, and the ___________________ of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A ___________________ shall control the amount to be paid therefor unless found by the court to be ___________________. | SEC. 24. Compensation of attorneys; agreement as to fees.—An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. |
| [11] When an attorney unjustly retains in his hands ____________________ he may be punished for contempt as an officer of the Court who has ____________________; but proceedings under this section shall not be a bar to a _______________. | SEC. 25. Unlawful retention of client's funds; contempt.—When an attorney unjustly retains in his hands money of his client after it has been demanded he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution. |
| [12] When and under what circumstances may an attorney retire from any action or special proceeding? | (a) An attorney may retire at any time by the written consent of his client filed in court. (b) He may also retire at any time without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. (SEC. 26) |
| [13] What should be done in case of substitution of an attorney? | The name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party. (SEC. 26) |
| [14] A client may at any time dismiss his attorney or substitute another in his place. What is the consequence if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause? | The dismissed attorney shall be entitled to recover from the client the full compensation stipulated in the contract. For the payment of such compensation the attorney shall have a lien upon all judgments for the payment of money, and execution issued in pursuant of such judgments, rendered in the case wherein his services had been retained by the client. (SEC. 26) |
| [15] What are the grounds for disbarment or suspension of attorneys by the Supreme Court? | (a) deceit; (b) malpractice; (c) other gross misconduct; (d) grossly immoral conduct; (e) conviction of a crime involving moral turpitude; (f) any violation of the oath which he is required to take before admission to practice; (g) willful disobedience appearing as an attorney for a party to a case without authority so to do; (SEC. 27) |
| [16] The practice of soliciting cases at law for the purpose of ___________________, constitutes malpractice. | The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. (SEC. 27) |
| [17] The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is a ground for his disbarment or suspension if ___________________. The judgment, resolution or order of the foreign court or disciplinary agency shall be _______________ of the ground for disbarment or suspension. (As amended by SC Res. dated Feb. 13, 1992.) | The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is a ground for his disbarment or suspension if the basis of such action includes any of the acts hereinabove enumerated. The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. (As amended by SC Res. dated Feb. 13, 1992.) |
| [18] The _______________ or a _______________ may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney shall not practice his profession until _______________ in the premises. | The Court of Appeals or a Regional Trial Court may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the premises. |
| [19] What is the procedure if an attorney has been suspended by the Court of Appeals or Regional Trial Court? | The Court of Appeals or the Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and statement, the Supreme Court shall make full investigation of the facts involved and make such order revoking or extending the suspension, or removing the attorney from his office as such, as the facts warrant. (SEC. 29) |
| [20] No attorney shall be removed or suspended from the practice of his profession, until _______________. | he has had full opportunity upon reasonable notice (a) to answer the charges against him, (b) to produce witnesses in his own behalf, and (c) to be heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter ex parte. (SEC. 30) |
| [21] SEC. 31. Attorneys for destitute litigants.—A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is ___________________, and that the services of counsel are necessary to ___________________ and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is ___________________ shown. | SEC. 31. Attorneys for destitute litigants.—A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown. |
| [22] Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have ____________________ to appear in any case in which said government has an interest __________. (SEC. 33) | Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the bar to appear in any case in which said government has an interest direct or indirect. (SEC. 33) |
| [23] How may a party conduct his litigation? | In the court of a municipality a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. (SEC. 34) |
| [24] SEC. 35. Certain attorneys not to practice,—No judge or other official or employee of the superior courts or of the _______________, shall engage in private practice as a member of the bar or give professional advice to clients. | SEC. 35. Certain attorneys not to practice,—No judge or other official or employee of the superior courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or give professional advice to clients. |
| [25] What is an attorney’s retaining lien? | An attorney shall have a lien upon the funds, documents and papers of his client, which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. (SEC. 37) |
| [26] What is an attorney’s charging lien? What are the requirements? | An attorney has a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client. He shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. Procedure: (1) He must have his claim entered upon the records of the court rendering the judgment, or issuing the execution; (2) He must notify in writing his client and the adverse party. (SEC. 37) |