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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Scenario: A provincial governor who is a licensed attorney concurrently chairs the provincial development council. He is privately engaged as counsel for a private corporation in a civil action in the Regional Trial Court against a private landowner challenging a zoning ordinance enacted by the province, which the governor authored or approved in his official capacity. The governor intends to continue representing the private client while remaining in office. (a) Identify the controlling doctrine under RA 7160, Sec. 90(a) as it applies to governors and mayors who are lawyers. (b) Distinguish this rule from other ethical provisions governing public officers and private legal practice. (c) Apply the rule to the facts: May the governor continue to practice law in this matter? If not, what is the proper course of action and why?

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The governor may continue to represent the private client with the written consent of both the Sanggunian and the Civil Service Commission permitting private practice while in office. The governor may practice privately in matters outside the government's realm, but not in any case where the government is a party or where the governor’s official acts are involved. The governor must withdraw as counsel and cannot continue representing the private client in any matter involving the province’s official acts; the client should hire another attorney; he may still engage in private practice in matters unrelated to the government. The governor may continue representing the private client only if he recuses from any participation in the case and the court permits him to appear for the private matter without relying on his official position.

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