2013 (Legal Ethics) Bar Exam Questions: Essay Question 3

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III.

Miguel Jactar, a fourth year law student, drove his vehicle recklessly and hit the rear bumper of Simplicio Medroso’s vehicle. Instead of stopping, Jactar accelerated and sped away. Medroso pursued Jactar and caught up with him at an intersection.

In their confrontation, Jactar dared Medroso to sue, bragged about his connections with the courts, and even uttered veiled threats against Medroso.During the police investigation that followed, Medroso learned that Jactar was reviewing for the Bar examinations.

Under these facts, list and justify the potential objections that can be made against Jactar’s admission to the practice of law. (8%)

One comment

  1. Medroso must file a petition with the Office of the Bar Confidant to disallow Jactar from taking the bar, and even if allowed to take, assuming he passed, must not be allowed to take the Oath and sign the Roll.

    Medroso can cite provisions of the CPR, in particular Jactars violations:

    a) pushing for litigation when a matter may be resolved amicably without adding burden to the clogged dockets of the court;
    b) bragging about his connections in the courts, which in effect is violative of the prohibition against fraternization.

    The legal profession is set apart from other professions by being the most noble of professions in which good moral character is not only a condition precedent to entry but also a continuing requirement in the practice of law. Thus, eventhough not explicitly a part of the CPR, a lawyer, and even a bar candidate must possess the virtue of humility. Jactar, by his actions seem to lack this character.

    (Peace :-*)

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