4th and Last Sunday of the 2007 Bar Exams

magnolia_lomo_by_tch.jpgWhat in the world is a “global injunction”? I thought I’d find it somewhere in the Bible but I failed.

The 4th Sunday marks the end of the bar exams. This means that the bloody pens and reviewers of the barristers may already rest in kindred silence until the final hours of the release of the 2007 Bar Exams results comes April 2008. That was September 23, 2007.

The last two exams were: Remedial Law; and Legal Ethics & Practical Exercises. Allow me to recall how I tried to answer.

Remedial Law. The first question hinges on the application of Conflicts of Law rules regarding foreign judgments. Conflicts of Law and foreign judgments are always interplayed in Civil Law. However, there is this beautiful twist because we are taking the Remedial Law exam and not Civil Law.

On my part, I think I have some idea of how foreign judgments are dealt with under our jurisdiction. While answering, I tried to remember the ruling in Northwest Orient Airlines, Inc. v. Court of Appeals and C.F. Sharp & Co. (1995) which was one of the cases in our Conflicts class under Atty. Gorospe. I just don’t know if I presented my answers correctly. That’s another point to consider, yes.

What is weird, however, is this question on “global injunction.” I guess I read the question a 10th time hoping to get some clues about what a global injunction really is. My brain has not a scintilla of idea about it. Solution? Beat about the bush!

Well, that’s about it. My general impression of the exam in Remedial Law is that it is basic – pampalubag loob yata.

Legal Ethics & Practical Exercises. If Remedial Law is pampalubag loob, then this is – I don’t know haha! The exam is contained in five (5) pages (front page included). Masaya.

I thought it would be a nosebleed subject but it wasn’t at all. Many of us thought that since Remedial Law is quite fairly given then we are to reasonably expect that Legal Ethics won’t. Ever since college of law days (in UST we are called Faculty of Civil Law not College of Law – ask them why) we were already warned how many many many many barristers failed the bar due to hastily and carelessly answering Legal Ethics questions. According to many lawyer friends and co-barristers, there are even those who have an 80+ average passing grade but did not make it because they had a below 50 mark in Legal Ethics. In short, Legal Ethics had broken many hearts already. You go below 50 mark – you’re out, you’re disqualified. The taunting runs deep in my veins.

So even with the happy welcoming first question, I tried to keep my happiness at bay and convinced myself that I must seriously answer them word by word. So I did. I hope it works. What are the duties of an attorney? I discussed that the duties are four-fold. I was even thinking if my grammar was politically correct when I said that these duties serve as a guidepost for lawyers. Hehe… (Okay, I said I was serious)

The queer thing in this year’s Legal Ethics is that two (2) questions in Practical Exercises to this effect: Draft a Right of Refusal Clause in a lease contract. 10 POINTS; and Draft an Arbitration Clause – likewise, 10 POINTS. Many thought the examiner wants us to draft a contract with all the legal formalities and then include the above clauses, respectively. At first, I also entertained the idea. However, reading the question – the examiner only wants a clause not a whole deed or contract. Were it not for the timely reminder of one of the head watchers that said questions do not require us to draft a contract but merely a clause, maybe many would have written a complete contract of lease and a deed with arbitration clause. One of my fellow barrister in the room was already about to finish her contract of lease when the said head watcher announced the obvious. Sigh.

The only legal form required was an Affidavit of Merit – the one attached to a Petition for Relief. It requires a jurat. Many merely wrote “(JURAT)” instead of writing the whole jurat itself incorporating it to the affidavit. I wrote down the jurat including the necessary “SUBSCRIBED AND SWORN TO” thing. I don’t know if it’s alright not to write the whole of it but anyway I hope the examiner wouldn’t mind.

Exit. On my way out of the room and out of the gates of La Salle, I can’t help but think – with all the troubles in my life – that I somehow made it. I finished the bar with a happy face. Just the idea that I finished it brings me joy and humility as I guess every barrister or former barrister would agree.

Passing through the traditional beer shower after trooping with my fellow Thomasian barristers, I felt good how I remained fighting to the end despite the expected lapses.

Now, we have to wait. And According to Atty. Fred of http://www.attyatwork.com, the long wait for the results to come starts from that day. Comes that fateful April day, I don’t know if I’m still the same happy exiting barrister. It’s time to keep every inch of sanity intact. Definitely, a tough learning experience, so I must admit.

April come she will.

St. Jude pray for us.

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graphics by: Magnolia of deviantart

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