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

During the pendency of a criminal case in the Office of the City Prosecutor, Atty. Lito Garcia, a deputy city prosecutor, handles a pending case against a major corporation accused of illegal dumping. While the case is ongoing, the corporation’s private counsel offers Garcia a partnership in a private law firm to be effective after his retirement, conditioned on his using his official influence to obtain a favorable disposition for the corporation. He does not disclose the offer and continues to prosecute. After the case ends, Garcia resigns and joins the private firm, which later represents the corporation in a separate civil matter before the same city court. (a) Identify the governing rule under Canon II, Secs. 28 and 29 that applies to government lawyers and prosecutors. (b) Did Garcia's conduct violate Canon II, Secs. 28-29? Explain your analysis with reference to the elements of the rule. (c) What disciplinary or remedial measures may be imposed on Garcia and/or the government under CPRA for this conduct?

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Canon II, Secs. 28-29; government lawyers must refrain from private practice or outside employment that could influence their official acts or create a conflict of interest; they must disclose offers; failure to disclose and the subsequent arrangement constitute grounds for discipline; sanctions may include suspension, removal, and disqualification from handling related matters. Canon II, Sec. 29 only; it prohibits government lawyers from representing private parties against the government in cases where they have influence; the scenario would thus be a violation for depending on the case before them. Canon II, Secs. 28-29; the private firm’s later representation of the corporation in a civil matter is irrelevant to the pending case, so no violation occurs if the attorney resigned before joining the firm. Canon II, Sec 28 only; it prohibits outside practice during government service but does not address post-service employment or conditional offers; since the attorney’s offer was for retirement, there is no violation.

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