2013 (Legal Ethics) Bar Exam Questions: Essay Question 4

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IV.

Atty. Doblar represents Eva in a contract suit against Olga. He is also defending Marla in a substantially identical contract suit filed by Emma. In behalf of Eva, Atty. Doblar claims that the statute of limitations runs from the time of the breach of the contract. In the action against Marla, Atty. Doblar now argues the reverse position – i.e., that the statute of limitation does not run until one year after discovery of the breach.

Both cases are assigned to Judge Elrey. Although not the sole issue in the two cases, the statute of limitations issue is critical in both.

Is there an ethical/professional responsibility problem in this situation? If a problem exists, what are its implications or potential consequences? (8%)

5 comments

  1. There is no ethical issue/problem in this situation.

    As to Atty. Doblar, a lawyer is expected to represent his client the best way he could within the bounds of the law and to see to it that each client receives the best legal service possible. Our laws are not cast in stone and each situation and set of facts allow for various interpretations of the same law. A lawyer is not precluded from being creative and innovative in his approach to a legal problem.

    As to Judge Elrey, similar to Lady Justice, he is blind as to the personality of the persons who come before him and must render judgement based not on who is arguing, but rather on what is being argued and the strength/weight of the arguments. Thus each case handled by Atty. Doblar before him must be judged based not on who is arguing and the position he is taking, but on the strength by which the position is being argued.

    (I initially thought that this is a conflict of interest problem and had to read the names of the characters several times before I answered).

    1. Did Astra pass the bar? I got inspired. I hope i can asnwer as good as he or she does. Any tip on how to write as clear and convincing as that?

  2. nice one Astra.

    hindi ko napansin yung details na 4 different names kaya conflict of interest ang nasagot ko. sobrang exhausted na ako from the Rem Law exam earlier.

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