8/3/2019 2011 MB Ethics

1/22

MOCK BAR EXAMINATION QUESTIONS INLEGAL ETHICS AND LEGAL AND JUDICIAL FORMS

1. It is an offense of exciting or stirring unnecessary suits and quarrels

a. amicus curiaeb. barratryc. forum shoppingd. ambulance chasing

2. Which of the following are the 4 duties of a lawyer?

a. To Society, To the Bar, to the Constitution, to the Peopleb. To Society, To the Republic, to the Church, to the Clientc. To Society, To the Courts, To the Bar, to the Clientd. To Society, to the Courts, to the IBP, to the Bar

3. Who among the following lawyers are not prohibited from practicing lawa. Lawyers who were appointed as Chairman and members of the Constitutional

Commissionb. Lawyers connected with the office of the Solicitor Generalc. Lawyers who are elected as Senators or Congressmend. Lawyers who were appointed to the Judiciary

4. Which among the following qualifications are not required to be possessed by applicants forthe Bar Examinations?

a. Natural Born Citizenb. Possession of Good Moral Character

c. Philippine Residency d. Degree in Bachelor of Laws

5. It is the improper practice of filing several actions or petitions in the same or different tribunalsarising from the same cause and seeking substantially identical reliefs in the hope of winningone of them.

a. Litis pendentiab. Forum Shoppingc. Res Judicatad. Pro se Practice

6. Which among the following choices is not a possible consequence of forum shopping?

a. Summary dismissal of the multiple petition or complaintb. Penalty for direct contempt of court on the party and his lawyerc. Disciplinary proceeding for the lawyer concerned.d. Award of damages and attorneys fees to the defendant / respondent.

7. It is the form prescribed for sworn statements where no rights of titles are transferred beforea notary public?

a. Acknowledgmentb. Verification

c. Juratd. Notarial undertaking

8/3/2019 2011 MB Ethics

2/22

8. Which of the following does not form part of the duty of a notary public

a. To charge reasonable notarial feesb. To keep a notarial registerc. To affix to acknowledgment the date of the expiration of his commission, as required by

law

d. To forward his notarial register, when filed, to the proper clerk of court.e. To make the proper notation regarding residence certificates.

9. Which of the following choices, as provided under the Rules of Court, do not form part of thebasis of applying the principle of quantum meruit or as much as he deserves?

a. The skill demandedb. The importance of the subjectc. The length of membership in the Integrated Bar of the Philippinesd. The novelty and difficulty of the questions involved.e. The contingency or certainty of compensation.

10. Which of the following is not included in the criteria for determining whether a person isengaged in the practice of law?

a. Application of knowledge of lawb. Compensationc. Habitualityd. Retainer Agreemente. Attorney Client Relationship

11. Who among the following lawyers cannot practice law?

a. Lawyers who are members of the Provincial Board

b. Lawyers who are elected as Senatorsc. Retired Judgesd. Lawyers elected as Municipal Vice Mayorse. Lawyers elected as City Mayors

12. He is a lawyer who haunts hospitals, and visits homes of the afflicted, officiously intrudingtheir presence and persistently offering his service on the basis of a contingent fee.

a. Medico Legalb. Ambulance Chaserc. Forensic Lawyerd. Contingent Fee Lawyer

e. Counsel de Parte

13. Generally, lawyers are not allowed to advertise their services. However, there are certainrecognized exceptions. Which of the following choices do not constitute as an exception to thegeneral rule?

a. Writing Legal Articlesb. Listing in the Law Listc. Listing in the Phone directory with area of expertised. Giving of Ordinary Professional Cards.

14. Which of the following choices is not a purpose of Bar Matter 850 or the Mandatory

Continuing Legal Education?

a. To keep abreast with laws and jurisprudenceb. Enhance the standards of the practice of lawc. Provide a venue for the strengthening of the professional bonds between lawyersd. Maintain the ethics of the profession

8/3/2019 2011 MB Ethics

3/22

15. Who among the following lawyers are not exempted from the MCLE?

a. Solicitor Generalb. Law Deansc. Law Professorsd. Government Corporate Counsel

16. Which of the following duties do not form part of a lawyers duty to the legal profession?

a. Courtesy and fairnessb. Fidelity and loyaltyc. Not to encroach upon the employment of another lawyerd. Not to assist in the unauthorized practice of law

17. Which of the following duties do not form part of a lawyers duty to the courts?

a. Respectb. Fiduciary duty

c. Not to influence the Courtd. To assist in the administration of justice

18. A lawyer is duty bound to assist in the speedy administration of justice. Which of thefollowing duties do not belong to a lawyers duty to assist in the speedy administration of

justice?

a. No to engage in forum shoppingb. To be prepared during hearingsc. To treat witness properlyd. To seek continuance when the witness is unavailable for examination

19. Among the choices given, which two words best describe the dual role of a lawyer vis--vishis client?

a. Fiduciaryb. Confidantc. Agentd. Counselore. Adviserf. Mentor g. Servant

20. Generally, a lawyer who is appointed as a counsel de oficio should not reject his

appointment. Which among the given choices is a valid ground for the refusal of the lawyer ofhis appointment as counsel de officio?

a. Established guilt of the accusedb. Lack of witnesses for the defensec. Conflict of interestd. Inability of the client to pay attorney fees

21. The attorney client privilege is one of the traits that separate lawyering as a profession froma business endeavor. Which of the following choices do not constitute as a valid exception tothe rule on attorney client privilege?

a. When authorized by the clientb. When required by lawc. When the client has been away for so longd. The announced intention of a client to commit a crime

8/3/2019 2011 MB Ethics

4/22

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

a. Charging Lienb. Charging feec. Retaining Lien

d. Particular Lien

23. Which of the following is an unethical form of attorneys fee arrangement?

a. Hourly Rateb. Fixed Cash Feec. Retainer Feed. Champertous Contracte. Acceptance fee

24. It is the action filed by a lawyer against his clients for collection of attorneys fees

a. Collection caseb. Case for sum of money with damagesc. Assumpsitd. Rescission of Retainer Agreement with Damagese. Rescission of Retainer Agreement with claim for payment of attorneys fees and

Damages

25. It is the disciplinary sanction imposed upon a lawyer where the extent of the wrong is verysmall and the degree of culpability is very slight. It is also imposed where the conduct of alawyer falls short of the exacting standards of candor and fairness required to be observed bythem.

a. Warningb. Reprimand / Admonitionc. Fined. Suspensione. Disbarment

26. Who among the following officers/offices are not authorized to investigate Disbarmentcases?

a. IBP Committee on Bar Disciplineb. Office of the Solicitor Generalc. Judge of a Lower Court

d. Any Officer of the Supreme Courte. Philippine Bar Association

27. Which of the following choices is a not a mitigating circumstance in disbarmentproceedings?

a. Good faithb. Want of intention to commit a wrongc. Non-payment of agreed attorneys feesd. Desistance of complainante. Youth and inexperience in the bar.

28. Which among the following choices is not a source of judicial ethics?

a. Code of Judicial Conductb. 1987 Constitutionc. Revised Rules of Courtd. Revised Penal Codee. Bilateral and Multi-Lateral Treaties Entered into by the Supreme Court with courts

of other jurisdictions.

8/3/2019 2011 MB Ethics

5/22

f. Republic Act 3019

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

a. Dispensing of Justiceb. Execution of Final Judgment

c. Decision Makingd. Conviction of the Guilty and Acquittal of the Innocente. Hearing of Cases

30. Which of the following is not an element of the offense of unjust judgment committed by ajudge?

a. Offender is a judgeb. Offender renders a judgment in a case submitted to him for decisionc. Offender receives a pecuniary benefit in exchange for the judgment that he

renderedd. The judgment is unjust

e. Judge knows that his judgment is unjust

31. Which of the following choices do not belong as a fundamental purpose of the IntegratedBar of the Philippines?

a. To elevate the standards of the legal professionb. To improve the administration of justicec. To bring all lawyers closer to one another by providing them with a forum for

interactiond. To enable the Bar to discharge its public responsibilities more effectively

32. It is a pleading that while is good in form is false in fact?

a. Negative pleadingb. Scam pleadingc. False pleadingd. Sham pleading

33. It is an answer that does not present a defense to the action or one which tenders nomaterial issue

a. False Answerb. Frivolous Answerc. Negative Pregnant Answer

d. Sham answer

34. It is concerned with minimizing the risk of legal trouble and maximizing legal rights forentities at that time when transactional or similar facts are being considered and made.

a. Pre-emptive Lawyeringb. Alternative Lawyerc. Minimalist Lawyeringd. Preventive Lawyering

35. Which of the following duties are not required of lawyers under the Lawyers Oath

a. To delay no man for money or maliceb. To maintain allegiance to the Republic of the Philippinesc. To uplift the administration of justiced. To conduct oneself as a lawyer to the best of his knowledge

8/3/2019 2011 MB Ethics

6/22

36. It is present when a lawyer is asked to enforce the right of a client in case where he will alsobe asked to defend another client from such enforcement.

a. Dual Representationb. Conflict of Interestc. Unethical Representation

d. Dual Lawyering

37. It is the primary duty of lawyers who are public prosecutors

a. To convict criminalsb. To prosecute casesc. To file information against the accusedd. To see to it that justice is done

38. Which of the task/acts cannot be done by a lawyer who has left government service?

a. Practice of Law for private concerns

b. Handle clients on any matter that he handled before in governmentc. Do pro-bono litigationd. File a case against the government on behalf of a client

39. Which among the following tasks is excluded in the general authority of a lawyer under theRules of Court?

a. Compromise their clients litigationb. Bind their clientsc. Take appealsd. Appear for his client during the trial

40. It means that in the court of justice of the peace, a party may conduct his litigation in personwith the aid of an agent or friend appointed by him for that purpose.

a. Nolle Pro Se Que Practiceb. Pro Se Practicec. Pro Bono Practiced. Self Practice

41. Under the Local Government Code of 1991, the practice of the legal profession by amember of the Sanggunian is restricted but not prohibited. Which among the following is not arestriction on such practice?

a. They shall not appear as counsel before any court in any civil case wherein a localgovernment unit or any office, agency or instrumentality of the government is theadverse party

b. They shall not collect any fee for their appearance in administrative proceedingsincluding the local government unit of which he is an official

c. They cannot accept pro bono criminal cases involving individuals who are nottheir constituents

d. They shall not use property and personnel of the government

42. Which among the following choices is not a valid ground for withdrawal as counsel of aclient?

a. Lack of confidence of the counsel on the sincerity of the clientb. When the lawyer has been elected or appointed to public officec. Possibility of conflict of interestd. Inability to work with other counsels

8/3/2019 2011 MB Ethics

7/22

43. In certain instances, a lawyer is allowed to withdraw or retire from a court case without theconsent of his client. Which of the following is not part of the procedure for such validwithdrawal?

a. File a motion for withdrawal in courtb. Serve a copy of his motion upon his client and the adverse party at least 3 days before

the date set for hearingc. Execute verified affidavit of termination of services to accompany motion for

withdrawald. The motion should afford ample time to his client to get a replacement lawyer.

44. Under the Civil Code, Attorneys Fees by way of damages can be recovered. Which of thefollowing grounds is not a valid basis for the claim of attorneys fees as damages?

a. When exemplary damages are awardedb. In case of clearly unfounded civil action or proceeding against the lawyerc. In criminal cases or malicious prosecution against the plaintiffd. In cases of contingent fee arrangement where the fees of the lawyer is to be taken

from the award of the lower court

45. It is the equitable right of an attorney to have the fees due him for his service be securedout of the judgment for the payment of money and executions in pursuance thereof in theparticular suit.

a. Right to Quantum Meruitb. Possessory Lienc. Charging Liend. Retaining Lien

46. Which of the following is not a ground for disbarment of lawyer?

a. Violation of oath of officeb. Withdrawal as a counsel de oficioc. Grossly immoral conductd. Conviction of a crime involving moral turpitude

47. Which among the following lawyers are not subject to the investigation of the IBP under thegrievance procedures of the Rules of Court?

a. Law professors and bar reviewersb. Lawyers commissioned as Notaries Publicc. Judges of the Lower Courts

d. Filipino lawyers overseas

48. MTC and MCTC judges may perform notarial acts ex officio, however certain requisitesmust concur before they can validly perform such acts. Which among the requisites listed belowis essential and is required for the MTC and MCTC judge to validly perform notarial acts exofficio?

a. Permission sought from and granted by the Office of the Court Administratorb. Certification be made in the notarized documents attesting to the lack of any

lawyer or notary public of such municipality or circuitc. Notarization to be done after officer hoursd. Notarial services are to be performed for free

49. The period of time under the 1987 Constitution within which cases pending with theSupreme Court are to be decided in the interest of speedy administration of justice?

a. Two Yearsb. 12 Monthsc. 1 Year d. 24 Months

8/3/2019 2011 MB Ethics

8/22

50. What is the best form of advertisement for a lawyer?

a. Testimonials of former clientsb. Hard earned reputation for fidelity to private trust, excellence and dedication to

the cause of his client

c. Writing of legal articles in law journalsd. Election as officer and active participation in the activities of the IBP

51. It is the failure of the lawyer to exercise on behalf of his client the knowledge, skill and abilityordinarily possessed and exercised by members of the bar resulting an actual loss to the client.

a. Gross Misconductb. Unethical Negligencec. Malpracticed. Gross Professional Negligence

52. Which of the following is true?

a. Under the 1987 Constitution Congress has the power to repeal, alter and supplementthe rules promulgated by the Supreme Court

b. Since its establishment, the Supreme Courts prerogative to determine who can enterthe legal profession was unhampered and unfettered

c. Before the 1987 Constitution, Congress can alter, repeal and supplement the rulespromulgated by the Supreme Court

d. The promulgation of the Rules of Court is an exercise of the Supreme Courts lawmaking power

53. The practice of law is ______________?

a. A natural or constitutional right guaranteed by the Constitutionb. An absolute right given to bar passersc. A Privilege or franchise granted by the Stated. A vested right of those who have been admitted to the Bar.

54. Under the Rules of Court, citizens of the United States may be allowed to practice lawbefore the courts of the Philippines upon a satisfactory showing of compliance with certainrequisites. Which among the following is not is not included as a requisite?

a. That they were duly licensed members of the Philippine Bar before July 4, 1946b. That they have taken the Oath of Officec. That they have submitted satisfactory proof of good moral character to the Office

of the Bar Confidant and signing in the Roll of Attorneyd. That they were active practitioners of law in Philippine Courts and in good and regular

standing, prior to July 4, 1946.

55. A law student can appear without compensation in any civil, criminal or administrative caseunder the Law Student Practice rule. Which among the following is not a condition imposedunder the said rule?

a. Enrollment as a third year law student in a recognized law schoolb. Enrollment in a recognized law schools clinical law education program as approved by

the Supreme Courtc. Appearance under the direct supervision and control of a member of the IBP duly

accredited by lawd. The pleadings, briefs, memoranda are signed by the supervising attorney

8/3/2019 2011 MB Ethics

9/22

56. Which of the following statements is false?

a. A law student under the Law Student Practice Rule is bound by the rule on privilegecommunication

b. A retired judge/justice can practice law after retirementc. An attorney in appearing before a court is not required to show written proof via a power

of attorney that he is authorized to represent any cause in which he appearsd. A disbarred lawyer cannot represent himself in court

57. He is a practicing lawyer appointed by a court to render professional aid free of charge to aparty who is destitute and unable to employ an attorney or who may need the services of anattorney to secure the ends of justice and to protect his rights

a. Pro Bono Lawyerb. Public Attorneyc. Counsel de Officiod. Counsel de Parte

58. A citizen of Spain cannot invoke the Treaty of Academic Degree and Exercise ofProfessions between the Philippines and Spain to secure admission to the Philippine Barwithout examination. Which of the following choices is not a ground on which this ruling wasanchored?

a. Spanish citizens cannot be required to pay IBP duesb. Only Filipino citizens may be admitted to the Barc. The prerogative of the Supreme Court to determine who can join the legal profession

cannot be encroached upon by the Executive Branchd. A Spaniard cannot take an oath of allegiance to the Philippines and to support its

Constitution.

59. It is the act of a client by which he employs an attorney to manage for him a cause to whichhe is a party, or otherwise to advise him as counsel.

a. Attorney Client Relation Contractb. Employment Agreementc. Retainer Agreementd. Professional Service Agreement

60. Which of the following instances is not a specie of a lawyers unethical conduct ofobstructing justice?

a. Asking the complaining witness not to appear so the case can be dismissed

b. Asking the client to plead guilty despite lawyers knowledge of innocencec. Advising a client to escaped. Reporting to the authorities on the whereabouts of a client who escaped

confinemente. Intentional Forum shopping

61. This principle dispenses with evidentiary hearing after the respondent submits his commentto the charges, and the liability of respondent is determined on the basis of the actioncomplained of or on the basis of letters alleged to be derogatory.

a. Principle of Quid Pro Quob. Res Ipis Loquitor

c. Summary Hearingd. Principle of Volente non Fit Injuria

8/3/2019 2011 MB Ethics

10/22

62. The integration of the Philippine Bar has been upheld to be as constitutional. Which of thefollowing grounds was not used in support of the upholding of Constitutionality of the Integration.

a. Court have inherent power to supervise and regulate the practice of lawb. The practice of law is not a vested right but a privilegec. The Integration of the Bar will raise needed revenue from the collection of

membership dues for noble purposesd. The practice of the legal profession must be regulated for the protection of the public

63. Which of the following grounds is not a ground for the judge to inhibit himself from trying acase?

a. One of the counsels of the party is a fraternity brotherb. The judge, or his wife, or child, is pecuniarily interested as heir, legatee, creditor or

otherwisec. The judge has been an executor, administrator, guardian, trustee or counsel of any of

the parties to the case now pending before himd. One of the counsels to the case is his twin sister

64. When a lawyer signs a pleading, he certifies to a host of things, which of the following is notincluded in such signification?

a. He has read the pleadingb. To the best of his knowledge and information, there is a good ground to supportc. That the contents of the pleading merits the attention of the courtd. That the pleading is not interposed for delay

65. It is an averment of the party making a pleading that he is prepared to establish the truth ofthe facts, which he has pleaded.

a. Certificationb. Attestationc. Juratd. Verification

66. It is the pleading filed by the plaintiff, the office of which is to deny or allege facts in denial oravoidance of new matters alleged by way of defense in the answer and thereby joins or makesissues as to such matters.

a. Compulsory Counterclaimb. Replyc. Permissive Counterclaim

d. Cross claim

67. No applicant shall be admitted to the bar examinations unless he has satisfactorilycompleted several prescribed courses as provided for under the Rules of Court. Which of thefollowing courses is not a prescribed course.

a. Civil Lawb. Commercial Lawc. Medical Jurisprudenced. Law on Statutory Constructione. Political Law

68. It imports an act of baseness, vileness or depravity in the duties which one person owes tothe other or to society in general, contrary to the customary rule of right and duty which aperson should follow.

a. Gross Misconductb. Moral Turpitudec. Immoral Conductd. Gross Negligence

8/3/2019 2011 MB Ethics

11/22

69. What is the basis of the relations of counsel and judge?

a. Confidentialityb. Trust and cooperation among themselvesc. High regard for each other

d. Mutual trust and appreciation of the roles of one another in the administration ofjustice

70. Which of the following duties of a lawyer is not included in his duties to the legal profession?

a. Uphold the integrity and dignity of the legal profession and support the IBPb. Not to file baseless and unfounded suitsc. Courtesy, frankness and fairness to brother lawyersd. Not to assist in the unauthorized practice of lawe. Not to encroach upon the employment of another lawyer.

71. A lawyer shall not divide or stipulate to divide a fee for legal services with persons who are

not lawyers. Which of the following does not constitute as an exception to this rule?

a. Where there is a pre-existing agreement with a partner or associate that upon his death,money shall be paid to his estate

b. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyerc. Where a lawyer substitutes himself for another lawyer who withdrew from the

cased. 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. A lawyer shall appear in court properly attired

b. A lawyer shall inform the court as soon as possible if he will be late for a hearingc. A lawyer shall punctually appear at court hearingsd. A lawyer shall abstain from scandalous, offensive or menacing language

73. It is a contract of employment between a client and an attorney for a particular service orcase only.

a. Retainer Agreementb. Engagement contractc. Special Retainerd. General Retainer

74. Which of the following is not a factor considered in the appointment of a counsel de officio?

a. Gravity of the Offenseb. Experience and ability of the appointeec. Difficulty of the questions that may arised. Degree of trust and confidence between the client and the counsel de officio

75. A lawyer shall be bound by the rule on privileged communication in respect of mattersdisclosed to him by a prospective client. Which of the following does not constitute as anexception to this rule?

a. When it is authorized by the client

b. When the disclosure is necessary to win the case for the clientc. When it is necessary to defend the lawyer, his employees or associatesd. When there is an announced intention to commit a crime

8/3/2019 2011 MB Ethics

12/22

76. Which of the following choices is not a requisite for the rule on the attorney client privilege toapply?

a. Existence of attorney client relationb. Communication to the lawyer was made in strict confidencec. Communication must be made in the course of professional employment

d. Lawyer swore himself to secrecy before the client

77. It is the rationale for attorneys lien

a. To preserve the decorum and respectability of the legal professionb. To ensure that the lawyer will render efficient service at all timesc. To ensure the presence of the lawyer during the triald. To lessen graft and corruption of the legal profession

78. Which of the following is not a requisite of a charging lien?

a. Existence of attorney client relations

b. Favorable money judgment secured by the lawyer on behalf of his clientc. Consent given by the client to the lawyer to record the charging liend. Attorney has a claim for attorneys fees or advances

79. A lawyer should avoid the filing of any case against his clients for enforcement of attorneysfees. This is the general rule, which among the choices constitutes as an exception.

a. To prevent fraud against the lawyerb. To prevent a breakdown of the legal systemc. To prevent strained relations between the lawyer and his clientd. To prevent the lawyer from becoming unethical

80. A lawyer shall withdraw his services only for good cause and upon notice appropriate underthe circumstances. Which among the given choices is not a valid ground for withdrawal of alawyer

a. When the client pursues an illegal or immoral course of conductb. When the client insist that the lawyer pursues a conduct violative of the latters oathc. Death of a lawyer where the legal representation is by a law firmd. Conflict of Interest on the part of the lawyere. Deliberate failure of the client to pay attorneys fees

81. Which of the following is not an effect of the disbarment of a lawyer?

a. Deprivation of the right to practice law on the part of the disbarred lawyerb. Removal of the name of the disbarred lawyer from the attorneys rollc. Disbarred lawyer cannot appear before the courts to defend himselfd. Cessation of membership in the bar

82. The purchase of a clients property in litigation is an act of malpractice. Which of thefollowing is not a requisite for the existence of this unethical conduct.

a. Lawyer is the counsel of the client at the time that he acquired the property in litigationb. Lawyer acquired the property by himself or thru anotherc. Lawyer paid for the property in cash.d. Client consented to the acquisition made by the lawyer

83. The Supreme Court has the sole prerogative to reinstate disbarred lawyers. Which amongthe following choices is not considered in a disbarred lawyers application for reinstatement?

a. Character or standing prior to disbarmentb. Conduct subsequent to disbarmentc. Bar Examination result ratingd. Favorable endorsement of loved ones and fellow lawyers

8/3/2019 2011 MB Ethics

13/22

84. Which of the following is not a source of Judicial Ethics?

a. Code of Judicial Conductb. Revised Rules of Courtc. Revised Penal Code

d. Supreme Court Circularse. Supreme Court Rule on Notarial Practicef. Code of Professional Responsibility for Lawyers

85. They are bar associations that appear in court as friends to expound in some matters of lawfor the information of the court

a. Amicus Curiaeb. Integrated Bar of the Philippinesc. Amici par excellenced. Amici Curiae

86. 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 judgment and executions pursuant to

the samec. The lawyers lien enjoys preference of credit over a creditor who subsequently recorded

his creditd. The client or assignee who receives the proceeds of the judgment holds it in trust for the

lawyer

87. To whom does a lawyer owe his first and foremost duty?

a. To the Barb. To Societyc. To the Courtd. To the Client

88. Which of the following choices is not a requirement for the filing of a complaint fordisbarment?

a. Verified Complaintb. Complaint must state clearly and concisely the facts complained ofc. Complaint must have supporting documents attached to itd. Subscribed and sworn to before the Office of the Bar Confidant

e. Six copies of the complaint must be furnished the Integrated Bar

89. It is the basic purpose of disbarment.

a. To punish the lawyer for his unethical behaviorb. To protect the public from being preyed upon.c. To serve as a reminder and example to other lawyers to remain ethicald. To police the ranks of the legal profession

90. Which of the following extra judicial activities is a judge not prohibited from engaging in?

a. To write and teach

b. To engage in Civic and Charitable activitiesc. To be the adviser of the local chapter of the Nationalista Partyd. Sports and other recreational activities

8/3/2019 2011 MB Ethics

14/22

91. A judge should be like Caesars Wife, what does this mean?

a. The judge should be ethicalb. The judge should decide cases promptlyc. The judge should refrain from making any comments in about cases pending in

his court

d. The judge must not only be pure but he must also appear to be pure.

92. A judge can be held criminally and administratively liable for knowingly rendering an unjustjudgment. Which of the following is not an element of this offense?

a. The offender is a judgeb. He rendered an unjust decisionc. He rendered the decision in a case pending before himd. The judgment was not supported by the recordse. The judge knows that the decision he rendered is unjust

93. What is the liability of a lawyer who unjustly retains in his hands the money of his client after

it has been demanded?

a. Suspensionb. Punishment for Contempt as an Officer of the Courtc. Censured. Reprimand

94. Teaching is not deemed to be included in the definition of the terms practice of lawbecause of the absence of what attribute?

a. Compensation / Attorneys feesb. Contract of Representation

c. Application of Knowledge of Lawd. Attorney Client Relationse. Habituality

95. The mistake of a lawyer binds his client? Which is not an exception to this general rule?

a. When the mistake is purely technical in nature which does not affect the clients causeb. If the mistake was so grave and it is tantamount to depriving the client his day in courtc. When the lawyers actions had the full concurrence of the clientd. When the departure from procedure of the lawyer does not appear to have impaired

substantial rights

96. Under the present Rules on Notarial Practice, a notary public must discharge his functionsas such in his office. Which among the following is not an exception to this rule?

a. Public offices, convention halls, and similar places where oaths of office may beadministered;

b. Public function areas in hotels and similar places for the signing of instruments ordocuments requiring notarization;

c. Hospitals and other medical institutions where a party to an instrument or documentis confined for treatment;

d. In any place where all the parties to the document to be notarized can be found

8/3/2019 2011 MB Ethics

15/22

97. The term ________________ refers to a notarial act in which an individual on a singleoccasion: appears in person before the notary public and presents an instrument or document;is personally known to the notary public or identified by the notary public through competentevidence of identity as defined by these Rules; and signs the instrument or document in thepresence of the notary public.

a. Signature confirmationb. Signature witnessingc. Signature verificationd. Signature authentication

98. _________" refers to an act in which an individual on a single occasion appears in personbefore the notary public and presents an instrument or document; is personally known to thenotary public or identified by the notary public through competent evidence of identity as definedby these Rules, signs the instrument or document in the presence of the notary; and takes anoath or affirmation before the notary public as to such instrument or document.

a. Juratb. Acknowledgmentc. Attestationd. Verification

99. ________________________" refers to a notarial act in which a notary public is presentedwith an instrument or document that is neither a vital record, a public record, nor publiclyrecordable copies or supervises the copying of the instrument or document, compares theinstrument or document with the copy; and determines that the copy is accurate and complete.

a. Copy Authenticationb. Copy Verification

c. Copy Certificationd. Copy Attestation

100. It is not a mere collection of words, rather it is a solemn vow, a contract of undertaking ofthe highest order.

a. Code of Professional Responsibility for Lawyersb. Rules of Court on Legal and Judicial Ethicsc. Canons of Legal Conductd. Attorneys Oath

101. All of the following, but one, correctly describes what legal profession is:

a. Legal profession is affected with public interest because itis concerned with the administration of justice.

b. A lawyer seeks justice for his client secondary to earning a living.c. The practice of law is a privilege in the sense that only those qualified are allowed.d. It is not a business concerned with profitse. knowledge and application of the legal principles and techniques constitute practice of

law.

102. Which of the following is wrong statement about good moral character as a requirement inthe practice of law?

a. Good moral character is what a person is really is as distinguished for mere reputationb. It is includes common honestyc. This is a requirement only upon ones application for admission in the bar

examination.d. Good moral character is a continuing requirement before and after admission in the

practice of lawe. A person who has a pending case in court involving moral turpitude does not possess

good moral character and not entitled to practice law.

8/3/2019 2011 MB Ethics

16/22

103. A lawyer enjoys rights and privileges in the practice of law during good behavior, exceptone of the following:

a. He enjoys presumption of regularity in the discaharge of his functions.b. He is quasi-judicia officer of the court.

c. He enjoys immunity of third persons in the performance of his obligation to hisclient.

d. He can protest unjustified delay in the admission of justice.e. His statement, even if relevant, pertinent or material to the subject of judicial inquiry are

not privileged.

104. Lawyers can appear in court and bind their clients if they can prove all of the following,except one:

a. He must be authorized to appear under a special power of attorney given by theclient.

b. An attorney is presumed to be properly authorized whenever he appears in the court to

represent a client.c. An attorney has complete control of procedural matters in courtd. An attorney cannot enter into a compromise on financial matters without the consent of

the client.e. A lawyer can represent a client if assigned by the court

105. Which one does not apply to disciplinary proceedings against a lawyer?

a. Disbarment proceedings against a lawyer is criminal in nature.b. it is administrative proceedingc. The purpose of the proceeding is to revoke the license of the lawyer to practice his

profession.

d. The disciplinary proceeding is intended to protect the court and the public from themisconduct of officers in the court.

106. The following rules require the lawyer to observe and maintain the respect due to courtsjudicial officers, except one:

a. He shall appear in court properly attiredb. He shall appear promptly in court hearingsc. He shall not misuse the rules procedure to defeat the ends of justice.d. He shall abstain from using scandalous or offensive language before the court.e. He shall submit grievances against a judge to the proper authorities only.

107. Only one of the following rules is not a duty of the lawyer to assist in the speedy andefficient administration of justice.

a. A lawyer shall not file multiple actions arising from the same causeb. He shall not misuse court processc. He shall not unduly impede the execution of judgementd. He shall not knowingly assist a witness to misinterpret himselfe. He shall not attribute a judge motives not supprted by the record

108. All of the following except one, require a lawyer to observe candor, fairness and loyalty inall his dealings and transactions with his clients:

a. A lawyer shall be bound by the rule on privilege communication in respect of allmatter disclosed to him by a prospective client

b. A lawyer shall not state or imply that she is able to influence any tribunal.c. He shall not decline to represent a client solely because of his opinion regarding the quit

of said person.d. He shall when advising the client, give a candid and hinest opinion on the merits and

probable results of his clients case.e. He shall impress upon his client compliance with the laws and principle of fairness.

8/3/2019 2011 MB Ethics

17/22

109. All but one imposes upon the lawyer to the obligation to preserve the confidence andsecrets of the client even after the attorney-client relationship is terminated.

a. He shall not reveal the confidences and secret of the client except when authorized bythe client

b. A lawyer may disclose the affairs of a client of a firm to partners or associate thereof,unless prohibited by the client.

c. A lawyer engage freely in conversation about the clients affairs with themembers of his family.

d. He shall not reveal the confidences or secrets of his client except when required by thelaw.

e. A lawyer shall not reveal the confidence and secrets of his client except when nexessary

to collect his fees.

110. Atty H was appointed by the trial court to serve as pro bono counsel for Q who wascharged with Malicious Mischief. Atty. H failed ti notice that the crime for which Q wascharged had prescribed. Fortunately, the trial court noted this fact this fact and thusdismissed the case. However, in its order, the trial court took note of atty. Hs sloppyresearch and stated that H would have saved everyone valuable time and resource hadhe noted the fact of prescription early on. Atty. H filed a motion to strikeout that portion ofthe trial court abused its discretion as such comment was clearly unnecessary, Is Atty.Hs contention correct?

a. No, because Atty. H should answer for the consequences of his negligence:

b. Yes, because if the trial court wanted to hold Atty. H administratively liable, it shouldhave filed the appropriate complaint before the Supreme Court:

c. No, because Atty. H was bound to serve the interest of his client to the best of his abilityand the trial court has discretion to pint out his negligence..

d. Yes, because the trial court should have taken note that Atty. H was merelyhandling the case pro bono and no harm to the accused.

111. The abbreviation SS Means:

a. Sworm Statement

b. Scilicetc. Specific Site, meaning, specific place

112. Both appelants brief and appellees brief must contain.

a. Subject index, statement of facts and argument.b. Assignment of errors and statement of issies.c. Arguments and reliefs.

113. All except one of the following is not gender-neutral:

a. chairman - chairpersonb. husband/wife - spousec. manpower work forced. fatherland - motherland

8/3/2019 2011 MB Ethics

18/22

114. The Revised Rules of Court applicable to pleadings shall apply to written motions as faras it concerns:

a. caption, body, signature, and verification.b. caption, title, prayer, certification, and explanation.c. caption, designation signature, and other matters of form.

115. Documents written in an unofficial language or local dialect shall not be admitted asevidence unless accompanied with a translation into >

a. Enlish or spanishb. English or Filipinoc. English Spanish or Filipino

116. Legal and Judicial Forms appended to the Revised Rules of Court are:

a. mandatoryb. merely illustrative

c. to be copied verbatim

117. All of the following, but one, correctly describes what legal profession is:

a. Legal profession is affected with public interest because it is concerned with theadministration of justice.

b. A lawyer seeks justice for the client secondary to earning a living.C The practice of law is a privilege in the sense that only those qualified are allowed.d. It is not a business concerned with profits.e. Knowledge and application of the legal principles and techniques constitute practice of

law.

118. Which of the following is wrong statement about good moral character as requirement inthe practice of the law.

a. Good moral character is what a person is really is as distinguished for mere reputation.b. It includes common honestyc. This is a requirement only upon ones application for admission in the bar

examination.d. Good moral character is a continuning requirement before and after admission in the

practice of law.e. A person.

119. All, except one of the following, need written special power of attourney executed byclient in favor of his attourney:

a. Compromise agreement.b. Waiver of appeal from a judgment.c. Waiver of objections to venue of an action.d. Court of the above.

120. The attourney-client privileged communication rule applies to:

a. Lawyer and his secretaty, stenographer oe clerk.b. Lawyers partners, associates and members of the law firm.

c. Senior law student acting for the legal clinic of the law school.d. All of the above

121. Award of attorney fees, in its extraordinary concept, belongs to:

a, Clientb. Lawyer c. Neither of the above

8/3/2019 2011 MB Ethics

19/22

122. Which of the following is not prohibited in the Philippines?

a. Contingent fee arrangementb. Ambulance chasingc. Barratry

d. Champetry

123. The first duty of an attorney is to:

a. His clientb. His professional colleaquesc. The administration of justiced. Earning of his livelihood

124. Which of the following is not correct?

a. The canons of Professional Ethics is complimentary to the Code of Professional

Responsibility.b. Tne New Code of Judicial Conduct for the Philippines Judiciary is an offshot of the Code

of Judicial Conduct and Canons of Judicial Ethics.c. The Code of Professional Responsibility repeals the Canons of Profesional Ethics.

125. A lawyer may be disciplined by the Supreme Court in connection with:

a. His professional conduct as a lawyer onlyb. Private conduct as a privtae citizen onlyc. His professional as well as private conduct.

126. The Code of professional Responsibility (CPR) has:

a. 22 Canons and 77 Rulesb. 22 Canons and 17 Rulesc. 6 Canons and 44 Sectionsd. 6 Canons and 22 Sections

129. A client-attorney relationship is established:

a. The moment a person seeks legal advice of an attorney and the latter renders hislegal assistance to the former.

b. The moment a person pays attorneys acceptance fee and the lawyer accepts the same.c. The moment a lawyer and the client sign written contract of engagement of legal

services of an attorney.

130. Which of the following statements is true?

a. Pendency of a criminal case against a lawyer is a prejudicial questions to anadministrative case against him involving the same facts.

b. Conviction of a lawyer in a criminal case poses a double jeopardy questions in anadministrative case against the same lawyer inviolving the same facts.

c. Acquital of a lawyer in criminal case necessarily absolves him in the administrative caseagainst him involving the same facts.

d. There is none of the above.

131. An administrative charge against a judge may be instituted:

a. By the Supreme Court motu propriob. By a verified complaint.c. By an anonymous complaint supported by documents.d. By either of the above

132. Who among the person below may practice law?

8/3/2019 2011 MB Ethics

20/22

a. Governor b. Vice-governor c. Congressmand. Senator e. RTC Judge

133. There is conflict of interest:

a. When the interest of one party conflicts with of the other party.b. When the interest of a party conflicts with the interest of his lawyer.c. When the interest of a party conflicts with the interest of the opposing lawyer.

134. Which of the following terminates an administrative case against a judge?

a. Retirement of the judgeb. Death of the judgec. Desistance of the complainant

d. Compromise agreement between the complainant and the judgee. Prescription of administrative charge.f. None of the above.

135. Pro se litigation is allowed in the Philippines.

a. Trueb. False

136. The subject matter of litigation, the cause of action, and the claim or demand belong to:

a. Lawyer

b. Clientc. Both the lawyer and the client.d. Court

137. Which of the following statement is not tenable?

a. A judge may disqualify himself from sitting in a case for just or valid reasons.b. A judge may disqualify himself based on his conscience and sound discretion.c. A judge may inhibit himself if the case before him is too complicated, novel,

controversial, sensational. arousing public opinion or inviting public criticism.d. A judge not inhibit himself from deciding a case by reason of the silence, obscurity or

insufficiency of the laws.

138. What is not considered contempt of court?

a. Assuming to be an attorney and acting as such without authority.b. Obstruction of justice.c. Contempt of the judge.d. Contempt of the State

139. A motion to dismiss filed by respondent lawyer or judge in an admnistratiive case:

a. Should be resolved by the investigating Officer or Body.b. Should be merely noted by the investigating Officer or Body.

c. Should raise a valid ground for dismissal such as lack of cause of action.

140. Practice of law includes the folowing, except:

a. Legal counsellingb. Legal writingd. Legal researche. Conduct of Litigation in person

8/3/2019 2011 MB Ethics

21/22

f. Habitual or successive court appearances for a free.g. Habitual or successive court appearances for free.

141. The primary duty of a public prosecutor is:

a. To prosecute at all cost

b. To convictc. To see that justice is doned. To acquit

142. Which statement is correct? A lawyer has the right, without or fear or favor, to giveproper advice and assistance to those seeking relief against:

a. A solioting or influence-peddling counselb. Unfaithhful or neglectful counselc. Abusive or ignorant counsel

143. Which statement is wrong?

a. A lawyer may refuse to represent a person because of his personal belief as to his quilt.b. A lawyer may decline to represent a person if he has no adequate preparation.c. A lawyer may turn down representing a person for health reason.d. A lawyer may not except representing a person by reason of conflict of interest.

144. For what purpose may a lawyer sue his client regarding his compensation or attorneysfee?.

a. To assure immediate compensation or payment of his attorneys fees for his legalservices rendered to his client.

b. To prevent injustice,fund or imposition.

c. To warn other lawyers from representing a non-paying client.

145. As a general rule, a lawyer shall not reveal the secrets of his client. He may, however,disclose the confidences of his client in the following instances, except one:

a. When necessary to collect his attorneys fees/b. When necessary to defend himslef in a litigation filed against him by his clientc. When required by lawd. When dictated by his conscience

8/3/2019 2011 MB Ethics

22/22

ANSWER KEY LEGAL ETHICS AND JUDICIAL FORMS

1. B 31. C 61. B 91.C 121. A2. C 32. D 62. C 92.C 122. A3. C 33. B 63. A 93.D 123. C4. A 34. D 64. C 94.D 124. C

5. B 35. C 65. D 95.C 125. C6. D 36. B 66. B 96.D 126. A7. C 37. D 67. D 97.B 127. A8. A 38. B 68. B 98.A 128. D9. C 39. A 69. D 99.C 129. D10. D 40. B 70. B 100.D 130. B11. E 41. C 71. C 101.B 131. A12. B 42. A 72. B 102.C 132. F13. C 43. C 73. C 103.C 133. A14. C 44. D 74. D 104.A 134. F15. C 45. C 75. B 105.B 135. A16. B 46. B 76. D 106.D 136. B

17. B 47. C 77. D 107.C 137. C18. D 48. B 78. C 108.A 138. C19. E 49. D 79. A 109.C 139. B20. C 50. E 80. C 110.D 140. E.21. C 51. C 81. C 111.E 141. C22. C 52. C 82. D 112.B 142. B23. D 53. C 83. C 113.C 143. A24. C 54. C 84. E 114.C 144. B25. B 55. A 85. C 115.C 145. D26. E 56. D 86. A 116.B27. C 57. C 87. C 117.B28. E 58. A 88. D 118.D

29. C 59. C 89. B 119. D30. C 60. D 90. C 120. D