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Legal Ethics

Prof. Ma. Jesusa Eleanor Siquijor-Magbanua, Ll.M.

2nd Semester 2017-2018

For: Future Lawyers of the Arellano School of Law. This is Legal Ethics. SUN 0900-1200

This syllabus provides you with an overview of the course content and other important
information.

Contact Information My office is at the 6th Floor of the APMC Building, 135 Amorsolo cor.
Gamboa Streets, Legaspi Village, Makati City. I have court hearings and appointment
dates/government client meetings, so please consult with me in class or through the class beadle.

Class Schedule Our class meets every Sunday from 9:00 am to 12:00 noon. I will begin promptly
at 9:15 and will give you a working break about halfway through each class.

Materials We have two main sources of materials:


1. Reference books: Legal and Judicial Ethics by Atty. Ruben E. Agpalo /
Updates in Legal Ethics by Atty. Theresa S. Dizon
2. Latest jurisprudence on Legal Ethics

Course Goals You will develop three main competencies over the course of our semester
together:
You will become familiar with and understand the ethical rules which guide lawyers’ conduct.
You will understand and be able to critically analyze the rationales behind the ethical rules.
You will develop the ability to efficiently identify ethical issues and dilemmas in realistic
scenarios, and to propose well-reasoned and articulate resolutions to these issues and dilemmas.
We will develop these competencies through the use of assigned readings, in-class discussion of
the rules and the policies behind them, weekly simulations and discussion of common and/or
difficult ethical scenarios, and in-class quizzes.

Grading I will base your final grade on your performance on the two (2) hour final exam
which is patterned with the Bar Examinations. The midterm exam (30%), class standing (30%)
and final exams (40%) will consist of short essay, True or False and/or multiple choice questions.
It is closed book, so you will be able to experience a bar like atmosphere. I will frequently give
quizzes which will typically be based on your understanding of the previous lessons we have
taken up. Your performance on the quizzes and your class participation (30%) will make an impact
on your final grade. Your quiz performance and class participation will result in your getting a
higher final grade .
Attendance A student enrolled in a three (3) unit-credit course may thus miss no more than four
(4) class sessions, though of course perfect attendance is greatly preferred. Attendance will be
checked either at the start of the class after the working break. Your professor personally keeps
a record of absences for each student. When a student has incurred four (4) absences, he/she
will be notified with an email warning. If the student then is absent a fourth (5th) time, a notice
will be sent to the Dean’s Office, reporting said record of absences.

Should your professor be the one who cannot attend the class, she will notify the beadle via short
messaging system (SMS) eight (8) hours before our class schedule.

Should you be absent from class for more than the permitted number of absences, you should
contact me as soon as possible. Accommodations can be made for students who must be absent
due to physical inability such as serious/contagious sickness or religious reasons and in cases of
truly compelling and difficult circumstances. Request for an exemption must be accompanied with
appropriate documentation.

Assignments For our class each week you should be ready to analyze assigned cases and issues,
you may discuss the assigned readings with your senior year colleagues to guide your preparation
for class.
Assignment for each class: relayed during the last 15min of the class or/and will also be sent to
the beadle via electronic mail five (5) days before the class schedule.
The assignment will typically include about 5-10 cases and additional readings. Always be ready
to recite what you have learned based on the assigned readings.

N.B. Ask the class beadle for any cancellation of classes due to inclement weather conditions,
etc.

OUTLINE OF COURSE CONTENT


1st Week – Introduction / Passing the bar and practice of law:
AGUIRRE v. RANA BM No. 1036 June 10, 2003

PROPER USE OF THE TITLE "ATTORNEY"


ALAWI v. ALAUYA, et al. AM Sdc 97-2-P February 24, 1997
LAWYER’S OATH/

2nd Week - What is practice of law? Cayetano vs. Monsod 201 SCRA 210
Cruz vs. Atty. Cabrera AC No. 5737 Oct 25, 2004

Criticizing thru Legitimate Channels


Re: Almacen, G.R. No. L-27654 February 18, 2970

Law Student and Practice of Law


Revised Rules of Court Rule 138-A and Rule 138 Sec. 34
Cruz vs. Mijares, G.R. No. 154464, Sept. 11, 2008
Payment of IBP Dues
Letter of Atty. Cecilio Arevalo Jr. BM 1370 May 9, 2005
Santos Jr. vs. Llamas AC no. 4749 Jan. 20, 2001

Citizenship requirement
Petition for Leave to Resume Practice of Law BM No. 1678, Dec. 6, 2007
Constitution Art. 12, Sec.. 14

3rd Week - CODE OF PROFESSIONAL RESPONSIBILITY


Canons 1-6 The Lawyer and Society
In the matter of James Joseph Hamm, Arizona Supreme Court No. SB-04-0079-M,
December 6, 2005
Int’l. Rice Research Inst. (IRRI) vs. NLRC, G.R. No. 97239, May 12, 1993
Roberto Soriano vs. Atty. Manuel Dizon, A.C. No. 6792, January 25, 2006
Pedro L. Linsangan vs. Atty. Tolentino, A.C. No. 6672, September 4, 2009.

4th Week - MCLE Mandatory Continuing Legal Education


Canons 7 – 9 The Lawyer and the Legal Profession – Recent
jurisprudence.

5th Week - Canons 10-13 The Lawyer and the Court


In the Matter of Matthew Cobb, Docket SJC 09333, Supreme Court
Judicial Court (Mass.) December 8, 20
Re: Suspension of Atty. Rogelio Z. Bagabuyo, A.C. No. 7006,
October 9, 2007
Joseph J. Notopoulos. Statewide Grievance Committee, SC
(Connecticut) 17341, 2006

6th Week E X A M I N A T I O N S (February 11, 2018 PRE LIMS)


OR LONG QUIZ
7th - 8th Week Notarial Practice Law
GROUP REPORTING
Canons 14- 16 The Lawyer and the Client; Recent jurisprudence

9th - 10TH Week Canons 17-19 The Lawyer and the Client; Recent jurisprudence\

E X A M I N A T I O N S (March 18, 2018 MIDTERMS)

11th
Week Canons 20-22 The Lawyer and the Client; Recent jurisprudence

12th Week Lawyer’s Compensation; Recent jurisprudence

13th Week Privileged Communication between Client and Lawyer; Recent


jurisprudence

14th Week Administrative Liabilities of Lawyers, Rule 139-B; Recent


jurisprudence
15th
Week Administrative Liabilities of Lawyers, Rule 139-B; Recent
jurisprudence

16th Week JUDICIAL AND BAR COUNCIL; Recent jurisprudence

17th Week New Code of Judicial Conduct for the Philippine Judiciary; Recent
jurisprudence

18th Week New Code of Judicial Conduct for the Philippine Judiciary; Recent
jurisprudence

EXAMINATIONS (FINALS May 27, 2018 )

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