2017 (Legal Ethics) Bar Exam Questions: Question 9

[Answer/discuss the question below, or see 2017 bar exam Legal and Judicial Ethics Instructions; 2017 Legal and Judicial Ethics questions: 12345678,  10, 11, 12, 13, 14, 15, and 16; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]


Atty. Miriam rents her office space in a building owned by Winston. Eventually, Atty. Miriam became Winston’s regular legal counsel.

Because of their good relationship, Atty. Miriam did not hesitate to borrow money from Winston. Atty. Miriam issued postdated checks covering the interest of her loans. Unfortunately, Atty. Miriam failed to pay her obligations to Winston. Her postdated checks with Winston also bounced. Hence, he filed a criminal case for violation of the Bouncing Checks Law against her.

In her counter-affidavit, Atty. Miriam averred that Winston was “a businessman who is engaged in the real estate business, trading and buy and sell of deficiency taxed imported cars, shark loans and other shady deals and has many cases pending in court.”

Hurt by the allegations, Winston filed a disbarment complaint against Atty. Miriam arguing that her allegations in the counter- affidavit constituted a breach of their confidential lawyer-client relationship.

Discuss whether or not the disclosures in Atty. Miriam’s counter- affidavit constitute a breach of fidelity towards her client. (4%)

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