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All Jurisprudence based

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

During the bar admission process, applicant Jonas Reyes filed an application declaring there are no pending criminal charges, no civil actions, and no disciplinary actions against him anywhere. It later becomes known that he is the named respondent in a pending criminal case for wire fraud before a United States federal court (case no. 20XX-SD-5678), which he deliberately did not disclose. It also turns out that he is the subject of a pending disciplinary complaint with the Bar Association of Singapore for dishonesty in the practice of law. The Supreme Court orders correction of the misrepresentation under Section 11, Canon II, CPRA. (a) Identify the controlling rule on correcting misrepresentations in applications for admission to the Bar. (b) Explain the applicant's duties and the procedure the Court may require to rectify the misrepresentation. (c) Discuss the possible consequences if the misrepresentation is material and intentional.

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Misrepresentations in the bar application may be cured by re-filing a corrected application; the Court has no power to impose sanctions beyond the corrected filing. Correction is required only for misrepresentations about criminal charges; misrepresentations about civil actions or disciplinary matters are treated as non-material and do not warrant correction. A misrepresentation, even if material, cannot be grounds for disqualification once the applicant completes a truthful correction and demonstrates good conduct since the filing. Section 11, Canon II CPRA governs correcting misrepresentations in applications for admission; upon discovery the applicant must disclose all material facts and the Court may require a sworn corrective statement with supporting documents; if the misrepresentation is material and intentional, admission may be denied or revoked and additional disciplinary action may follow.

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