Home›Bar Review›2017›Legal Ethics›Question III
Question III
III. A.
Alleging that Atty. Frank had seduced her when she was only 16 years old, and that she had given birth to a baby girl as a result, Malen filed a complaint for his disbarment seven years after the birth of the child charging that he was a grossly immoral person unworthy and unfit to continue in the Legal Profession. In his comment, Atty. Frank argued that the complaint for disbarment should be dismissed because of prescription.
Explain whether or not Atty. Frank's argument is justified. (4%)
B.
Beth administratively charged her former lawyer, Atty. Rawet, with gross misconduct and gross ignorance of the law for the latter's inadequate legal representation of her in her suit against her neighbor. Midway during the investigation, Beth decided to migrate to Australia. Learning about her plans, Atty. Rawet approached her and pleaded for her understanding. He was able to persuade her to execute an affidavit of desistance in respect of her administrative complaint. He submitted the affidavit of desistance to the Supreme Court, and moved to dismiss the charge against him.
Will the affidavit of desistance warrant the dismissal of the administrative charge? Explain your answer. (4%)
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.