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Question 19

2024 Bar · Remedial Law · 1 sub-question

19. Francis, through Atty. Kyle, charged Madam Toyoh with violation of Presidential Decree No. 1612 or the Anti-Fencing Law for purchasing a vintage vehicle knowing that it proceeds from the crime of carnapping. Madam Toyoh hired Atty. Caleb as counsel and confessed to him that she is guilty of the offense. Atty. Caleb promised Madam Toyoh that he will do anything to prove her innocence. Atty. Caleb then reached out to Francis and negotiated for an amicable settlement that resulted in the execution of a release, quitclaim, and waiver of rights. Atty. Kyle discovered the compromise agreement and noticed some unfair provisions. Atty. Kyle filed against Atty. Caleb an administrative case for impropriety. On the other hand, Atty. Caleb countered that the ethical standards in the legal profession mandates lawyers to encourage clients to avoid or settle any controversy. Atty. Caleb added that the compromise agreement is beneficial to both parties. Did Atty. Caleb violate any provision of the Code of Professional Responsibility and Accountability? Explain.

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