Canon 8-Courtesy, Candor, Fairness: Instances of Lack of Candor
Canon 8-Courtesy, Candor, Fairness: Instances of Lack of Candor
Only those licensed by the Supreme Court Canon 10 – Lawyer owes Candor,
may practice law in this country. The Fairness and Good Faith to the Court
prohibition for a layman to practice law is
the need of the public for integrity and A lawyer is an officer of the courts. His duty
competence of those who undertake to is to uphold the dignity and authority of the
render legal services. courts, which he owes fidelity.
As such, lawyers have the responsibility to Rule 11.02 - Lawyers shall practice
assist in the proper administration of justice. punctuality in court
Rule 10.04 – Shall furnish the opposing A lawyer must be punctual not only in the
party with a copy of pleading together appearance before the court but also in the
with all documents annexed thereto. submission of pleadings and payment of
fees.
Rationale: To prevent unfairness, to avoid
surprises and backstabbing. The opposing Rule 11.03 – Lawyer shall abstain from
party has the right to be informed of the scandalous, offensive or menacing
filing of pleading, motions, etc. language or behavior before the courts.
Canon 11 – Shall observe and maintain A lawyer should abstain from using
the respect due to the courts and to scandalous, offensive, or menacing behavior
judicial officers and should insist on because it constitutes a direct contempt and
similar conduct by others. is disrespectful to the court.
Lawyer’s first duty is to the courts. He The respect shown to courts helps build the
occupies a quasi-judicial office with a high esteem and regard toward them, which
tripartite obligation to the court, to the is essential to the proper administration of
public and his client. justice.
Lawyers must be respectful in their actions Rule 11.04 – Lawyer shall not attribute to
and use of language. (see rule 8.01) a judge motives not supported by the
record or no materiality in the case.
If there is a complaint, it must be pursued
within the bounds of law. However, lawyers are not prevented from
Criticisms of courts must not spill over the exposing judges who have shown
bounds of decency and propriety. arbitrariness and injustices.
Rule 11.01 – Lawyer shall appear in court Rule 11.05 – Lawyer shall not criticize the
properly attired. personal or official conduct of a judge in
an insulting manner.
Male Lawyers: Long sleeves
Barong Tagalog Criticisms of courts must not spill over the
Coat and Tie bounds of decency and propriety.
Adequate preparation includes well- Rule 12.04 – Lawyer shall not unduly
researched and well-written pleading. delays the execution of judgment or
Documentary evidences must be the misuse court processes.
Original Copies or Second Original Copy.
BLE REVIEWER <3
In relation to rule 10.03, lawyer must not To function as a witness is to tell the facts as
abuse the procedures and processes of the he recalls them in answer to question. The
court. function of an advocate is that of a partisan.
These two things are different from each
A lawyer should not appeal a decision
other, but it is hard to distinguish the zeal of
manifestly for delay as it is a violation of the
an advocate and the fairness and impartiality
attorney’s oath.
of a disinterested witness.
Rule 12.05 - Lawyer shall refrain from
Canon 13 – Lawyer shall rely upon the
talking to his witness during a break or
merits of his cause and refrain from any
recess in trial, while still under
impropriety which tends to influence, or
examination.
gives the appearance of influencing the
Rationale: To maintain fair play with the court.
other party and to prevent the examining
A lawyer must win the case because it is
lawyer from being tempted to coach his own
meritorious and not because of influence,
witness to suit his purposes.
clout, and dominance, or connections.
Rule 12.06 – Lawyer shall not knowingly
Rule 13.01 – A lawyer shall not extend
assist a witness misrepresent himself or to
extraordinary attention or hospitality to,
impersonate another.
nor seek opportunity for, cultivating
A lawyer has sworn not to do falsehood nor familiarity with judges.
to consent to the doing of any in court. He
It protects Judicial Independence from
will be criminally liable for “False
outside influences that could destroy the
Testimony” under the Revised Penal Code.
administration of fair justice.
Rule 12.07 – Lawyer shall not abuse
To prevent suspicion against the judge and
browbeat or harass a witness. lawyer having close ties.
It is a misbehavior of a lawyer to frighten or Filipino culture however can be a
shout at witness, to terrorize them, or tear justification for rule 13.01.
them down arrogantly.
Rule 13.02 – Lawyer shall not make
Rule 12.08 – Lawyer shall avoid testifying public statements in the media regarding
in behalf of his client, except: a pending case tending to arouse public
On formal matters, such as mailing opinion for or against a part.
authentication or custody of an
Media is not a venue for constructive
instrument.
criticisms. However, what can only be said
On substantial matters, in cases his in the media are those that pertains to
testimony is essential to the end of justice, procedural and formal things of a case only.
to which he entrust the trial of the case to
another counsel.
BLE REVIEWER <3
Rule 13.03 – Lawyer shall not brook or 2. Person and family has no double the
invite interference by another branch or monthly minimum wage.
agency of the government in the normal A lawyer must only accept cases that are
course of judicial proceedings. meritorious in civil cases and he cannot
refuse to give assistance in criminal cases.
This rule protects the independence of the
Judiciary from the influences of other Rule 14.04 – Lawyer who accepts the
branches of the Government. cause of action of a person unable to pay
his professional fees shall observe the
Canon 14 – Lawyer shall not refuse his same standard of conduct governing his
services to the needy. relations with paying clients.
Rule 14.01 – Lawyer shall not decline to
He must exert effort not only to those who
represent a person solely because of the
pays for his fees but he must see to it that the
latter’s race, sex, creed or status of life, or
same amount of effort must also be exerted
because of his own opinion regarding the with those that cannot pay him his fees.
guilt of the said person.
Canon 15 - Lawyer shall observe Candor,
A lawyer must not decline a person just
Fairness, and Loyalty in all his dealings
because of one’s creed or faith or beliefs,
and transactions with his clients.
status in life, sex and opinion on the case,
unless there is conflict of interest. Rationale: To protect the client from
possible breach of confidence as a result of
Rule 14.02 – A lawyer shall not decline, consultation with a lawyer.
except for serious and sufficient cause, an
appointment as counsel de officio or Rule 15.01 – Lawyer shall ascertain as
amicus curiae or a request from the soon as practicable whether the matter
Integrated Bar of the Philippines or any would involve a conflict of interest with
of its chapter for rendition of free legal another client or his own interest, and if
aid. so, shall forthwith inform the client.
Rule 14.03 – Lawyer may not refuse to Attorney-Client relationship starts when the
accept representation of an indigent client Attorney have heard the story of the client
unless: and has given advice about the merits of the
case.
a. He is not in position to carry out
the work effectively or completely This rule is the controlling point of all other
b. He labors under conflict of interest duties of a lawyer to a client.
between him and the prospective
Rule 15.02 - Lawyer shall be bound by the
client.
rule on privileged communication in
Elements for indigency:
respect of matters disclosed to him by a
1. No real property of 300,000 pesos prospective client.
BLE REVIEWER <3
Rule 15.07 – Lawyer shall impress upon A lawyer must not commingle a clients’
his client compliance with the laws and money with that of his own money or the
principles of fairness. money of his other clients.
He must see to it that he is always following Rule 16.03 - Lawyer shall deliver the
the rules and commenting on his cases, funds and property of his client when due
within the bounds of law. or upon demand. However, he shall have
a lien over the funds and may apply so
Rule 15.08 - Lawyer who is engaged in much thereof as may be necessary to
another profession concurrently with the satisfy his lawful fees and disbursement,
practice of law shall make clear to his giving notice thereafter to the client. He
client whether he is acting as a lawyer or shall also have a lien to the same extent on
in another capacity. all judgements and execution he has
A lawyer must make a distinction unto secured for his client as provided in the
which profession is he acting. rules of court.
Is loyalty absolute? Yes, except for ff: 2nd sentence pertains to retaining lien.
Retaining lien is the lien of attorney upon
1. Future crime the funds documents and papers of his client
2. Fulfillment of justice that has come to his possession. Thus:
Loyalty must be in bound of law.
1. He may retain the same until his
Canon 16 - Lawyer shall hold in trust all lawful fees have been paid.
moneys and properties of his client that 2. May apply such funds to the
may come into his possession. satisfaction thereof.
Requisites of retaining lien:
Rationale: The prohibition is based on the
existing relation of trust or the lawyer’s 1. Atty. - client relationship
peculiar control over the property. 2. Lawful possession by the lawyer of
the funds documents and papers in hi
Rule 16.01 - Lawyer shall account for all
professional capacity
the money or property collected or
3. Unsatisfied or unpaid attorney’s fee.
received for or from the client.
3rd sentence pertains to charging lien.
Rationale: The lawyer merely holds the Charging lien is the lien of attorney upon all
money or property of a client in trust. judgment for the payment and executions
issued in pursuance of such judgment. This
A lawyer shall promptly account for all the
lien exists from and after the time when he
money he received from and for the client.
shall have caused:
Rule 16.02 - Lawyer shall keep funds of 1. A statement of his claim of such lien
each client separate and apart from his to be entered upon the records of the
own and those of others kept by him. court rendering such judgment, or
issuing such execution.
BLE REVIEWER <3
2. Written notice thereof to be delivered the clients right. The lawyer shoulders no
to his client and to adverse party. expense. This contract is valid.
Requisites:
Canon 17 - Lawyer owes fidelity to the
1. There is a money judgment favorable cause of his client and he shall be mindful
to the client. of the trust and confidence reposed in
2. The judgment must be final. him.
3. File a motion of charging lien by
signed by the client and attorney. The fidelity of a lawyer to his clients must
4. Hearing for execution of judgments be that of the fidelity of a husband to his
and execution. wife. A lawyer must be able to keep his
If demanded, the lawyer must return all the faithfulness to the client and all the
money. retaining lien is not applicable. information given to the former must be kept
until his death.
Rule 16.04 - Lawyer shall not borrow
money from his clients unless the client’s Canon 18 – Lawyer shall serve his clinet
interests are fully protected by the nature with competence and diligence.
of the cases. Neither shall lawyer lend A lawyer is required to exercise ordinary
money to client except when, in the diligence or that reasonable degree of care
interest of justice, he has to advance and skill having reference to the character of
necessary expenses in legal matter. the business he undertakes to do. However, a
A lawyer shall not borrow money from the lawyer is not bound to take extraordinary
client unless the interest are fully protected. diligence.
Neither a lawyer shall lend money unless he Rule 18.01 – Lawyer shall not undertake a
has to advance for the necessary in legal service which he knows he is not
advancement of the legal matter. qualified to render. However, he may
render such service if, with the consent of
Champertous contract : the client, he can obtain as collaborating
In this kind of contract the lawyer will bear counsel a lawyer who is competent on the
all the expenses of the litigation and matter.
prosecution and the client will only pay A lawyer must know the limits of his skill
upon successful litigation. This contract is
and knowledge and must not accept cases
void for being against public policy.
with which he knows that he is not
Contingent contract: competent enough to do.
Rule 18.02 – Lawyer shall not handle legal Rule 18.04 – Lawyer shall keep the client
matter without adequate preparation. informed of the status of his case and
shall respond within a reasonable period
A lawyer must only enough cases in order to of time to client’s request for information.
have sufficient preparation to all of it. (also
in relation with rule 12.01) It is the lawyer’s duty to update his clients
about the development of the case.
Rule 18.03 – A lawyer shall not neglect a
legal matter entrusted to him, and his However, it is also the client’s duty to keep
negligence in connection therewith shall himself in touched with his case.
render him liable. Canon 19 – Lawyer shall represent his
Simple negligence of a lawyer must be client with zeal within bounds of the law.
omitted on matters that are part of the A lawyer shall present every remedy or
agreement or professional employment. defense authorized by law in support of his
General Rule: Simple negligence of a clients cause.
lawyer is also binding to the client. However, the zeal here is limited to the
Exception: Gross negligence of the lawyer bounds of law or to that of the duty of the
however, is not binding to the client e.g. lawyer towards the client.
ignorance, incompetence, inexperience so
Rule 19.01 – Lawyer shall employ only
great that the client is prejudiced and denied
fair and honest means to attain the lawful
a day in court. This is because:
objectives of his client and shall not
1) Client is presumed to not have present, participate in presenting or
knowledge of the procedures. threaten to present unfounded criminal
2) He has the right to due process charges to obtain an improper advantage
3) Under jurisdiction. in any case or proceeding.
4) There is fraud.
A lawyer must see to it that he only uses fair
Gross negligence is the blatant disregard and and honest means to attain the lawful cause
reckless attitude towards the court. of his clients.
When is a lawyer negligent? Rule 19.02 – Lawyer who has received
information that his client has, in the
A lawyer may be negligent when the lawyer
course of representation, perpetrated a
did not comply with the Rules of Court.
fraud upon a person or tribunal, shall
Command responsibility in a law firm promptly call upon the client to rectify the
applies to both kind of negligence, not even same, and failing which he shall terminate
good faith is an excuse, unless the only the relationship with such client in
person signed in the pleadings is the lawyer accordance with the rule of court.
only.
BLE REVIEWER <3
This rule merely requires that the lawyer is f. Customary charges for
to terminate his relationship with a client similar services
who fails or refuses to rectify the fraud. g. Amount involved in the
controversy
Rule 19.03 – A lawyer shall not allow his
h. Character of employment
client to dictate the procedure on
i. Contingency or certainty of
handling the case.
compensation
A client can have final say on substantial j. Professional standing of a
matter or on what course to take for his case. lawyer.
On procedural matters however, lawyers are
Manners on how a lawyer may be paid:
the one in control of what to do.
A) Fixed or absolute fee
Substantial matters are those issued by
B) Contingent fee
congress and the reliefs and prayer of the
C) Fee payable per appearance
client.
D) Number of hours spent
Procedural matters are those that steps that E) Based on a piece of work
should be taken and are under the rules of F) Combination of any above
court.
Quantum Meruit means “as much as a
There is an assumption that clients have no lawyer deserves” is the fee of a lawyers
knowledge of the rules on procedures. which he deserves.
A lawyer can divide his fees with a lawyer Canon 21 – Lawyer shall preserve the
who referred the case to him and helped in confidence and secrets of his clients even
the case. after the termination of attorney-client
relationship.
Rule 20.03 – A lawyer shall not, without
the full knowledge and consent of the It is the duty of the lawyer to maintain
client, accept any fee, reward, costs, inviolate the confidence, and at every peril
commission, rebate or forwarding to himself to preserve the secrets of his
allowance or other compensation client.
whatsoever related to his professional
employment from anyone other than the Rule 21.01 – A lawyer shall not reveal the
client. confidences or secrets of his client except:
or associates thereof unless prohibited by General Rule: The client has the righto
the client. discharge his attorney at any time with or
without just cause.
The information that can only be shared is
legal matters. Exception:
Rule 21.05 – Lawyer shall adopt such A. He cannot deprive his counsel of
measure as may be required to prevent right to be paid.
those whose services are utilized by him B. Cannot discharge for repeated
from disclosing or using the confidences extensions of time
or secrets of client. C. Notice of discharge is required for
both parties.
Rule 21.06 – Lawyer shall avoid indiscreet
conversation about a client’s affairs even Rule 22.01 – A lawyer may withdraw his
with members of his family. services in any following case:
Rule 21.07 – Lawyer shall not reveal that A. Client pursues an illegal or
he has been consulted about a particular immoral course of conduct.
case except to avoid possible conflict of B. Insists that the lawyer pursue
interest. conduct violative of these canons
C. Inability of the lawyer to work
with co-counsel.
Canon 22 – Lawyer shall withdraw his D. Mental or physical condition of the
services only for good cause and upon lawyer
notice appropriate in the circumstances. E. Failure to pay the fees for the
services of attorney.
Causes of termination of attorney-client F. Lawyer is appointed or elected.
relationship: G. Other similar cases
A. Withdrawal
A lawyer may retire at anytime from any
B. Death
action or special proceeding, with the
C. Disbarment
written consent of his client.
D. Presumptive death
E. Conviction General Rule: Withdrawal does not require
F. Dismissal the approval of the court to be effective.
G. Election to a position which
Exception: If no new counsel has entered his
prohibits practice of law
appearance, the court may require the
H. Death of client
counsel to postpone his withdrawal until a
I. Incompetence or incapacity
new lawyer is available.
J. Termination of the case
Rule 22.02 – Lawyer who withdraws or is
discharged shall, subject to a retaining
lien, immediately turn over all papers and
BLE REVIEWER <3