BASIC LEGAL ETHICS (REVIEWER) treatises and decisions which must be observed

by all members of the Bar in the exercise of their

1. A
profession whether in or out of court as well as in
2. A
their public and private lives.
3. D
4. B
5. B
2. ------ (no copy ) -----

3. The rule on representing conflicting interest bars

ESSAY
an attorney to represent an adverse party of his
1. ORIGINAL SOURCES/BASES OF client in a proceeding related to his former client.
LEGAL ETHICS To determine whether a lawyer lies within the
prescription, the lawyer must represent the
Legal Ethics in the Philippines is originally opposing party of his former client in a case
based and rooted in the following: wherein the interest of his former client is at risk.
a. Canons of Professional Ethics – The Canons In order not to be accountable, the lawyer
were framed by the American Bar Association in must first seek the consent of his former client for
1908. The same were adopted in the Philippines him to represent the adverse party of the prior
in 1917 by the Philippine Bar when the country case.
was still a colony of the United States. The
Canons were subsequently revised. The revised
Canons were adopted in the Philippines in 1946. 4. X is not guilty of immorality to warrant his
b. Supreme Court Decisions – many of our rules on suspension or disbarment.
ethics were drawn from decisions of our Supreme Under Rule 1.01 of the Code of Professional
Court and the Supreme Court of the United States Responsibility, a lawyer shall not engage in
which have relevance and bearing to the practice unlawful, dishonesty, immoral, or deceitful
of law in the country. conduct.
c. Statutes – some laws provide for sources of legal In the case at bar, X did not commit any
ethics like the Civil Code, the Revised Penal immoral act when he had sexual intercourse with
Code and many special laws. the 30 year old woman because he is still
d. Constitution – The Constitution bestowed on the unmarried at that time.
Supreme Court the prerogative to promulgate If the 30 year old woman is married at the
rules on the admission to the Bar, the integration time when they had sexual intercourse, X can be
of the bar and legal assistance to the guilty of immorality because a lawyer should not
underprivileged. engage in immoral, deceitful, and unlawful acts.
e. Treatises and Publications – Works on the
subject of well-known authors have been used
and cited by courts as standards and guidelines 5. The client may at any time dismiss his attorney
on the right conduct in the practice of law. or substitute another in his place with or without
f. Code of Professional Responsibility – main basis just cause.
of legal ethics. It is the embodiment into one If the contract between the client and attorney
Code of the various pertinent and subsisting has been reduced to writing and the dismissal of
rules, guidelines and standards on the rule of the attorney was without justifiable cause, the
conduct of lawyers sourced from the client shall pay the attorney with full
Constitution, Rules of Court, Canons of compensation stated in the contract. If there was
Professional Ethics, statutes, special laws, no contract stipulated, the client shall pay him
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“quantum meruit” or “as much as he deserved.” B. Amicus Curiae literally means “a friend of
Moreover, an attorney shall have a lien upon the the court.” A person with strong interest in or
funds, documents, and papers of his client which views on the subject matter of an action, but
have lawfully come into his possession and may not a party to the action, may petition the
retain the same until his lawful fees and court for permission to file a brief, ostensibly
disbursements have been paid, and may apply on behalf of a party but actually to suggest a
such funds to the satisfaction thereof. rationable consistent with its own views.
On the other hand, if the attorney was
dismissed with just cause, he is entitled to the C. Barratry is the offense of frequently exciting
extent of the services he has rendered. and stirring up quarrels and suits, either at
Conversely, the attorney has the duty to law or otherwise. It is the lawyer’s act of
protect the interest of his client by keeping the formenting suits among individuals and
valuable information and secrets learned by him offering his legal services to one of them for
in his official capacity; otherwise, he will be monetary motives or purposes.
liable for betrayal of trust.

D. Moral Turpitude as defined in Blacks Law

6. As a rule, administrative cases based on Dictionary, is an act of baseness, vileness, or
violation of Lawyer’s Oath, Code of Professional the depravity in private and social duties
Responsibility, and the Canons of Professional which man owes to his fellow man, or to
Ethics, against members of the judiciary also society in general, contrary to the accepted
give rise to institution of disciplinary action or and customary rule of right and duty between
proceeding. man and woman.
Thus, the rule of automatic conversion of Act or behavior that gravely violates
administrative cases against members of the moral sentiment or accepted moral standards
judiciary to disciplinary proceedings against of community and is a morally culpable
them as lawyers allows an administrative case quality held to be present in some criminal
proceed independently even when the offenses as distinguished from others. The
complainant withdrew the complaint because quality of a crime involving grave
administrative cases against members of the bar infringement of the moral sentiment of the
are sui generis or one of a kind. community as distinguished from statutory
mala prohibita.
[Moral turpitude are acts against
7. Definition of terms: public morals and interest and the State.
Persons who committed moral turpitude
A. An ambulance chaser is a lawyer who haunts cannot be a member of the bar and lawyers or
hospitals and visits the homes of the afflicted, judges who committed moral turpitude can
officiously intruding their presence and be disbarred or suspended as the case may be]
persistently offering his service on the basis
of a contingent fee. E. Attorney De Oficio is a counsel, appointed or
The lawyer is guilty of ambulance chasing assigned by the court, from among such
whether the act is done by him personally or members of the bar in good standing, who, by
by person under his employ. The effect is the reason of their experiences and ability, may
same as when he personally does it. adequately defend the accused.
A counsel de oficio need not be a
lawyer. In localities where members of the
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 bar are not available, the court may appoint
any person, resident of the province and of
good repute for probity and ability, to defend
the accused.
A counsel de oficio is a lawyer or
attorney appointed by the court to represent a
party, usually an indigent defendant, in a
criminal case.

8. The concept of quantum meruit protects a

lawyer from unjust clients who will underpay
for the services rendered to the client by the
lawyer. It also practices the client from a
lawyer for asking an unreasonable fee for the
services rendered by the lawyer.
The concept of quantum meruit
protects the relationship of the attorney and
the client with regard to the justifiable fees.
The rule on quantum meruit is not
applicable when there is a contract between
the client and his attorney as to the
compensation to be paid by the client unless
there should be an unjust payment or unjust
collection of fees.