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    Basic Legal Ethics Syllabus

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    Najmah Dirangarun
    This document provides an overview of legal ethics and judicial ethics courses at Mindanao State University College of Law. It outlines the key topics to be covered, including [1] the practice of law and qualifications for admission to the bar, [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients, [3] the administrative liabilities of lawyers and grounds for suspension or disbarment, and [4] sources of judicial ethics, qualities of judges, and discipline of members of the judiciary. Reference materials for the courses are also listed.

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    Basic Legal Ethics Syllabus

    Uploaded by

    Najmah Dirangarun
    206 views6 pages
    This document provides an overview of legal ethics and judicial ethics courses at Mindanao State University College of Law. It outlines the key topics to be covered, including [1] the practice of law and qualifications for admission to the bar, [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients, [3] the administrative liabilities of lawyers and grounds for suspension or disbarment, and [4] sources of judicial ethics, qualities of judges, and discipline of members of the judiciary. Reference materials for the courses are also listed.

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    This document provides an overview of legal ethics and judicial ethics courses at Mindanao State University College of Law. It outlines the key topics to be covered, including [1] the practice of law and qualifications for admission to the bar, [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients, [3] the administrative liabilities of lawyers and grounds for suspension or disbarment, and [4] sources of judicial ethics, qualities of judges, and discipline of members of the judiciary. Reference materials for the courses are also listed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    206 views6 pages

    Basic Legal Ethics Syllabus

    Uploaded by

    Najmah Dirangarun
    This document provides an overview of legal ethics and judicial ethics courses at Mindanao State University College of Law. It outlines the key topics to be covered, including [1] the practice of law and qualifications for admission to the bar, [2] the duties and responsibilities of lawyers to society, the legal profession, courts, and clients, [3] the administrative liabilities of lawyers and grounds for suspension or disbarment, and [4] sources of judicial ethics, qualities of judges, and discipline of members of the judiciary. Reference materials for the courses are also listed.

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    of 6

    MINDANAO STATE UNIVERSITY

    COLLEGE OF LAW
    BASIC LEGAL ETHICS
    LAW 111

    REFERENCE MATERIALS:
    A. LEGAL ETHICS BY DEAN ERNESTO PINEDA
    B. BASIC LEGAL ETHICS BY THERESA S. DIZON
    C. UPDATES OF JURISPRUDENCE AND NOTES IN LEGAL ETHICS BY
    FREDERICK I. ANCIANO

    I. LEGAL ETHICS
    A. Practice of Law
    1. Concept
    a. Cayetano vs. Monsod, GR. No. 100113, September 3, 1991
    b. Cruz vs. Cabera A.C No. 5737, October 24, 2004
    c. Lim-Santiago vs. Sagucio, A.C No. 6705, March 31, 2006
    2. Qualifications for admission to the Bar (Bar Matter No. 1153)
    a. Aguirre vs. Rana, B.M. no. 1036, June 10, 2003
    3. Continuing requirements for membership in the bar
    4. Appearance of Non-Lawyers
    a. Law student practice rule (A.M. No. 19-0324-SC, RULE 138-A)
    b. Non-lawyers in courts and/or administrative tribunals
    c. Proceedings where lawyers are prohibited from appearing as
    counsels
    5. Prohibited practice of non-lawyers and appearance without authority
    6. Public officials and the practice of law; prohibitions and disqualifications
    7. The Lawyer’s Oath (memorize)
    a. In re: Argosino 270 SCRA 26

    1
    B. Duties and responsibilities of a lawyer under the Code of Professional
    Responsibility
    1. To society (Canons 1 to 6)
    a. Barratry and Ambulance Chasing
    b. The practice of law is a profession and not a money making trade.
    c. Best advertisement for a lawyer.
    d. . Mandatory Continuing Legal Education (Bar Matter No. 850, as amended)
    1. Requirements
    2. Compliance
    3. Exemptions
    4. Sanctions
    Cases:
    1. A-1 Financial Services, INC vs. Valerio A.C N0. 8290, July 2, 2010 Re: 2003
    Bar Examination, BM. No. 1222
    2. Cocmos Foundry Shop Workers Union vs. Lo Bu, 63 SCRA 321
    Donton vs. Tasincgco, AC No. 6672
    3. Linsangan vs. Tolentino, AC No. 6672
    4. Santiago vs. Rafanan, AC. No. 6252, October 5, 2004
    5. Director vs Bayot, 74 Phil 579
    6. IN RE, Tagorda 57 aphil 37
    7. Khan vs. Simbili AC. No. 5299, August 19, 2003
    8. Dacanay vs. Baker and Mckenzie, 35 SCRA 34
    9. Hussien vs Guttierez, AC No. 6707, March 24, 2006
    10. Triente, Sr. vs Sandiganbayan, 145 SCRA 508
    11. Enriquez, Sr. vs Jimenez, 107 Phil 933
    12. PCGG vs.Sandiganbayan, 455 SCRA 536, April 12, 2005

    2. To the legal profession


    a. Canons 7 to 9
    Cases
    1. Atty. Bonifacio Barandon, Jr.vs Atty. Edwin Ferrer,Sr., A.C. No. 5768, March
    26, 2010
    2. In re: Ramon Galang, 66 SCRA 282

    2
    3. Bugaring vs. Espanol, 2001
    4. Republic vs. Kendrick Development Corp, GR. No. 149576
    5. Engr. Gilbert Tumbokon vs. Atty. Mariano Pefianco, Administrative Case No.
    6116, August 1, 2012
    b. To the courts (Canons 10 to 13)
    a. Forum Shopping
    b. Prevention and sanctions against forum shopping
    c. Effect of Forum Shopping
    d. The Sub judice rule

    Cases
    1. Vda. De Victoria vs. Court of Appeals’
    2. Insular Life Employee, Co. vs. Insular Life Association
    3. Jessie R. De Leon vs. Atty. Eduardo G. Castelo, A.C. N0. 8620, January 21,
    2011
    4. Presiding Judge Jose L. Madrid, RTC, Br. 51 Sorsogon City vs. Atty Juan S.
    Dealca, AC. No. 7474, September 9, 2014
    5. Judge Rene B. Baculi vs. Atty. Melchor A. Battung, A.C NO. 8920, September
    28,2011

    4. To the clients Canons 14 to 22


    a. Conflict of Interest Rule
    b. Rule on Privilege Communication
    Cases
    1. Josefina Aninon vs. Atty. Clemencio Sabitsana, Jr., A.C No. 5098, Apeil 11,
    2012
    2. Willem Kuppers Vs. Atty. Johnson B. Hontanosa, A.C. No. 5704, May 8, 2009
    3. Spouses, Rafols Vs. Atty. Ricardo Barrios, A.C. No. 4973, March 15, 2010

    c. Lawyer is trustee of clients moneys and properties


    Cases
    1. Cordon vs. Balicanta, AC. No, 2797, October 4, 2002
    2. Torben Overgaard vs. Atty. Godwin Valdez, AC. No. 7902, March 31, 2009
    3. Dolores Belleza Vs. Atty. Allan S. Macasa, A.C. No. 7815, July 23, 2009

    3
    4. Almira C. Foronda vs. Atty. Jose L. Alvarez, Jr, AC No. 9976 (Formely CBD
    Case No. 09-2539, June 25, 2014
    5. Rosario Junio Vs. Atty. Salvador M. Grupo, A.C. No. 5020, December 18,
    2001
    6. Roberto P. Nonato vs Atty. Eutiqui M. Fudolin, Jr., A.C No. 10138 (Formerly
    CBD Case No. 06-1876), June 16, 2015
    7. Joselito F. Tejano Vs. Atty. Benjamin F. Baterina, A.C. No. 8235, January 27,
    2015
    8. Atty. Ricardo M. Espina, Complainant vs. Atty. Jesus G. Chavez, Respodent,
    A.C No. 7250 (Formerly CBD Case No. 05-1448), April 20, 2015
    9. Valerina U. Dalisay vs. Atty. Melanio Mauricio, Jr., A.C. No. 5655, January 23,
    2006
    10. Alfredo C. Olvida vs. Atty. Arnel C. Gonzales, A.C.No. 5732, June 15, 2015

    c. Attorney’s fees
    1.Concept of Attorney’s fees
    2. Acceptance fees
    3. Concept and kinds of retainer agreement
    4. Contingency fee arrangements
    5. Attorney’s liens
    6. Fees and controversies with clients
    7. Quantum meruit
    8. Champerty and Champertous Contract
    9. Charging lien
    10. Lawyer-Client Relationship
    11. Privlege communication between lawyer and client
    12. Causes of withdrawal of services as a lawyer
    Cases
    1. Caroline Castaneda Jimenez vs. Atty. Edgar B. Francisco, A.C. No. 10548,
    December 10, 2014
    2. Rosa F. Mercado vs. Atty. Julito D. Vitriolo, A.C. No. 5108, May 26, 2005
    3. Angelita C. Orcino vs. Atty. Josue Gaspar, A.C. No. 3773, September 24,
    1997

    4
    ADMINISTRATIVE LIABILITIES OF LAWYERS
    1. Nature and characteristics of disciplinary actions against lawyers
    2. Grounds for suspension or disbarment of member of the bar
    3. Distinguished warning, admonition, reprimand and suspension
    4. Disbarment
    3. Proceedings (Rule 139-B, Rules of Court, as amended)
    4. Recoverable amounts; intrinsically linked to professional engagement
    Readmission to the Bar
    1. Lawyers who have been suspended
    2. Lawyers who have been disbarred
    3. Powers and limitations

    II. JUDICIAL ETHICS


    A. Sources
    1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore
    Draft)
    2. Code of Judicial Conduct
    B. QUALITIES
    a. Independece
    b. Integrity
    c. Impartiality
    d. Propriety
    e. Equality
    f. Competence and diligence
    C. ADMINITRATIVE JURISDICTION OVER JUDGES AND JUSTICES
    D. DISQUALIFICTON OF JUDICIAL OFFICERS
    E. DISCIPLINE OF MEMBER OF THE JUDICIARY

    a. Members of the Supreme Court


    b. Lower court Judges and Justices

    5
    c. Grounds
    d. Impeachment
    e. Sanction imposed by the Supreme Court on erring members of the Judiciary

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