2013 (Legal Ethics) Bar Exam Questions: Essay Question 1

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I.

Atty. Bravo represents Carlos Negar (an insurance agent for Dormir Insurance Co.) in a suit filed by insurance claimant Andy Limot who also sued Dormir Insurance. The insurance policy requires the insured/claimant to give a written notice to the insurance company or its agent within 60 days from the occurrence of the loss.

Limot testified during the trial that he had mailed the notice of the loss to the insurance agent, but admitted that he lost the registry receipt so that he did not have any documentary evidence of the fact of mailing and of the timeliness of the mailed notice. Dormir Insurance denied liability, contending that timely notice had not been given either to the company or its agent. Atty. Bravo’s client, agent Negar, testified and confirmed that he never received any notice.

A few days after Negar testified, he admitted to Atty. Bravo that he had lied when he denied receipt of Limot’s notice; he did receive the notice by mail but immediately shredded it to defeat Limot’s claim.

If you were Atty. Bravo, what would you do in light of your client’s (Carlos Negar’s) disclosure that he perjured himself when he testified? (8%)

3 comments

  1. The ethics of the profession and the attorney-client privilege prevents me from directly reporting the wrongdoing of my client. Instead of directly reporting Carlos Negar, I would advise him to come clean and retract his testimony and issue a strong warning that any future commission of perjury would be reported.

  2. If I were atty Bravo, I will advice my client to rectify the same, as during the course of representation he perpetrated a fraud upon a person or tribunal as provided for under Canon 19.02 However, I am restricted to disclose such information because it is within the so-called privilege communication.

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