2013 (Legal Ethics) Bar Exam Questions: Multiple Choice Question 11

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Candido engaged the services of Atty. Lebron in a criminal case. In the course of their consultations, Candido admitted to Atty. Lebron that he committed the crime and in fact actively planned its commission. He stressed, however, that under no circumstance would he admit or confess to the murder charge he is facing and, in fact, would enter a plea of “not guilty” on arraignment.

If Candido insists on his planned plea, Atty. Lebron should___________. (1%)

(A) discontinue his representation; to continue would be unethical since he would then be aiding the accused in foisting a deliberate falsehood on the court

(B) allow Candido to choose his course of action; Atty. Lebron’s duty is to protect all his legal and statutory rights

(C) convince Candido to plead guilty and withdraw from the case if Candido refuses to heed his advice

(D) file a manifestation, if Candido pleads “not guilty,” declaring to the court what he knows of the truth.

(E) play matters by ear and wait for developments as Candido may still plead guilty.

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