0% found this document useful (0 votes)
395 views31 pages

Code of Professional Responsibility

1. The document outlines the key principles of legal ethics for lawyers as defined in the Code of Professional Responsibility in the Philippines. It discusses the lawyer's duties to uphold justice and the law, act with honesty and integrity, and make legal services available to all, including the defenseless and oppressed. 2. Lawyers must not engage in unlawful, dishonest, immoral or deceitful conduct, whether in their professional or private lives. They must promote respect for law and legal processes. 3. The code defines terms like moral turpitude, unlawful conduct, and gross misconduct and gives examples of actions that violate the code, such as forging documents or issuing worthless checks.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
395 views31 pages

Code of Professional Responsibility

1. The document outlines the key principles of legal ethics for lawyers as defined in the Code of Professional Responsibility in the Philippines. It discusses the lawyer's duties to uphold justice and the law, act with honesty and integrity, and make legal services available to all, including the defenseless and oppressed. 2. Lawyers must not engage in unlawful, dishonest, immoral or deceitful conduct, whether in their professional or private lives. They must promote respect for law and legal processes. 3. The code defines terms like moral turpitude, unlawful conduct, and gross misconduct and gives examples of actions that violate the code, such as forging documents or issuing worthless checks.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 31

- “as everything which is done contrary to justice,

Code of Professional Responsibility modesty or good morals.”

Legal Ethics – That branch of moral science which treats of the Exception:
duties that an attorney owes to the court, to his clients, to his  Conviction for illegal recruitment and attempt to
colleagues in the profession and to the public. (Justice evade the payment of taxes due to the government
Malcolm) while wrong and unlawful, does not involve moral
turpitude.
June 21, 1988 - Date of promulgation and adoption of CPR. Grossly Immoral conduct defined:
- “it is so corrupt as to constitute criminal act or so
SOURCES OF CPR: unprincipled as to be reprehensible to a high degree or
1. Canons of Professional Ethics (CPE) was first adopted prior committed under such scandalous or revolting
to CPR but still it continues to be the SOURCE OF circumstances as to shock the common sense of
KNOWLEDGE and understanding of legal ethics. decency.”
2. Supreme Court decisions on the discipline of lawyers form
the basis of legal ethics. Ex. of grossly immoral conduct:
Forging a special power of attorney to effect a false real
FOUR DUTIES OF A LAWYER: estate mortgage and collecting the loan proceedings from
1. The lawyer and the client. the mortgage.
2. The lawyer and the courts.
3. The lawyer and legal profession. PRIVATE AND PROFESSIONAL LIFE:
4. The lawyer and society. There is no distinction as to whether the transgression is
committed in the lawyer’s professional capacity or in his
CANON 1 - A LAWYER SHALL: private life or in his private transactions. This is because a
- UPHOLD THE CONSTITUTION, lawyer may not divide his personality as to be an attorney at
- OBEY THE LAWS OF THE LAND AND one time and a mere citizen at another, and his private life
may reflect unfavorably upon the good name and prestige of
- PROMOTE RESPECT FOR LAW AND FOR LEGAL
PROCESSES. the profession and the courts.

Unlawful Conduct defined:


All lawyers are sworn constitutionalists. As protectors
of the Constitution, lawyers are expected to be life- long
-An unlawful conduct is an act or omission
students of the Constitution. They are expected to know,
understand and uphold the Constitution. which is against the law. It is a transgression of
any provision of law, which need not be penal.
The Lawyer’s Oath – is a source of obligations and its violation - Includes violation of the statutory prohibition on a gov’t
is a ground for suspension, disbarment. And other disciplinary employee to engage in private practice of his profession
proceedings. unless authorized by law.

GENERAL RULE ON LAWYER’S FINANCIAL DEBT:


RULE OF THE LAW – sometimes called the “supremacy of the
law”, provides that decisions should be made by the - A lawyer may not be suspended or disbarred, and the
application of known legal principles or laws without the court may not ordinarily assume jurisdiction to discipline
intervention of discretion in their application (Black’s Law him, for misconduct in his non-professional or private
capacity.
Dictionary). The phrase to promote respect for law and for
legal processes means it is the duty of a lawyer to uphold the
“Rule of Law”. ISSUANCE OF WORTHLESS CHECKS to settle financial
obligations is gross misconduct in view of its
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, DELETERIOUS EFFECTS TO THE PUBLIC INTERESTS AND
immoral or deceitful conduct. PUBLIC ORDER.

Gross misconduct defined:


Duty to Act with Honesty, Morality and Lawful Conduct - Any - Is any inexcusable, shameful or flagrant unlawful conduct
of the three would be sufficient ground to file disciplinary on the part of the person concerned in the administration
proceedings against a lawyer. The dishonesty, gross of justice which is prejudicial to the rights of the parties or
to right determination of the cause.
immorality and violation of a law need not to be committed in
- It is generally motivated by premeditated, obstinate or
relation to his professional duties; the lawyer may be intentional purpose, but doesn’t necessarily imply
sanctioned for acts committed in his private affairs. corruption or criminal intent.

Moral Turpitude defined:


AQUITTAL IN CRIMINAL CASE NOT A BAR IN DISBARMENT 3. A compromise agreement signed by a lawyer in behalf of
PROCEEDINGS because: a party to the agreement without authorization of the
a. The standards of legal profession are not satisfied by latter is not void but unenforceable.
conduct which merely enables one to escapes the 4. An agreement between a lawyer and his client that
penalties of criminal law. forbids the client from entering a settlement without the
b. The court in disbarment proceedings is acting in an lawyer’s consent is against public policy and not
entirely different capacity from that which courts permitted.
assume in trying criminal case.
c. Administrative cases of lawyers belong to class of their
own. They are distinct from and may proceed CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
independently of civil and criminal cases. AVAILABLE :
A. IN AN EFFICIENT AND CONVENIENT MANNER
Rule 1.02 - A lawyer shall not counsel or abet activities B. COMPATIBLE WITH THE
aimed at defiance of the law or at lessening confidence in - INDEPENDENCE,
the legal system. - INTEGRITY AND
- EFFECTIVENESS OF THE PROFESSION.
Ex. of activities aimed at the defiance of the law:
Repeatedly disobeying orders of the Security and
Exchange Commission hearing panel to appeal in its Duty to be an efficient lawyer :
hearings and repeatedly failing to substantiate his
The efficiency demanded of a lawyer must not be realized
excuse for non-appearance.
at the expense of the independence, integrity and
effectiveness of the profession.
Rule 1.03 - A lawyer shall not, for any corrupt motive or
To be efficient does not mean the abandonment of one’s
interest, encourage any suit or proceeding or delay any
integrity in order to achieve a given cause at all cost.
man's cause.

Two duties: Duty to be proficient in English Language


1. Duty against barratry - Encouraging suits or legal (REMEMBER: Our EOP )
actions must always be with noble intent to pursue or
protect a right. Rule 2.01 - A lawyer shall not reject, except for valid
2. Duty not to delay any man’s cause - Must not hinder reasons, the cause of the defenseless or the oppressed.
a person in his pursuit of protection or right.
Duty to the Defenseless and the Oppressed
Barratry – the offense of frequently exciting or stirring up General Rule: Lawyer is duty bound to serve these
quarrels and suits, either at law or otherwise. marginalized citizens. The rule mandates all lawyers to
- The person who engaged in barratry is a barretor accept as clients those who may have found themselves in
or barrator. the fringes of society

Maintenance – is the intermeddling of an uninterested party


to encourage lawsuit. Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal advice to
the person concerned if only to the extent necessary to
Rule 1.04 - A lawyer shall encourage his clients to avoid, end safeguard the latter's rights.
or settle a controversy if it will admit of a fair settlement.
Duty to give Legal Advice on the Rights if the Defenseless
Duty to promote fair and amicable settlement:
and the Oppressed
This rule in the only exception to the general rule that
Compromise and settlement of cases is encouraged: The law
consultation creates a lawyer-client relationship Even if no
does not limit compromise to cases about to be filed, it can be
lawyer-client relationship is created, a lawyer is still duty
effected even after final judgment as authorized by the Civil
bound to give legal advice to the defenseless and the
Code,
oppressed in protection of the latter’s rights
NATURE OF COMPROMISE AGREEMENT:
Rule 2.03 - A lawyer shall not do or permit to be done any
1. A party must give up some of his rights that he has, in
act designed primarily to solicit legal business.
consideration of the same act on the part of the other
side.
Duty to Shun Vulgar Solicitation
2. Lawyers need written special authority to compromise
their client’s litigation or receive anything in the discharge - It is highly unethical for a lawyer to advertise his
of a client’s claim or full amount in cash. talents or skill as a merchant advertises his wares.
Practice of Law vs. Business
1. A duty of public service - One seeking out persons in negligence cases and
2. A relation as an “officer of the court” to the directing them to an attorney in consideration of a
administration of justice involving thorough sincerity, percentage of the recovery.
integrity and reliability
3. A relation to clients in the highest degree of fiduciary Prohibiting professional advocacy to promote his law
practice or to solicit clients
4. A relation to colleagues at the bar characterized by
candor, fairness, and unwillingness to resort to current Canon 26 of the Canons of Professional Ethics
business methods of advertising and encroachment on - Lawyer openly may render professional services
their practice, or dealing directly with their clients. before legislative or other bodies regarding proposed
legislation and in advocacy of claims before
Dignified Solicitation Allowed departments of government
If it is made in a modest and decorous manner, it would - It is unprofessional for a lawyer so engaged, to
bring no injury to the lawyer and to the bar. conceal his attorneyship, or to employ secret personal
Thus, the following are allowed: solicitation, or to use means other than those
addressed to reason and understanding, to influence
1. Use of simple signs stating the name or names of the
lawyers, the office and residence address and fields of action.
practice
2. Advertisement in legal periodicals bearing the same brief Rule 2.04 - A lawyer shall not charge rates lower than
facts those customarily prescribed unless the circumstances so
warrant.
3. Publication in reputable law lists of brief biographical and
informative data
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
Good Reputation as the Best Advertisement Canon 27 SERVICES SHALL USE ONLY:
of the Canons of Professional Ethics - TRUE,
The most worthy and effective advertisement possible, - HONEST,
even for a young lawyer, and especially with his brother - FAIR,
lawyers, is the establishment of a well-merited reputation for - DIGNIFIED AND
professional capacity and fidelity to trust.
- OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Must be the outcome of character and conduct

Permitted Advertising
1. May include only statement of the: Lawyer’s name; The The Duty of honest and dignified pronouncement of legal
services:
names of his professional associates; short biography;
contact addresses/numbers. The embellishment and exaggeration of credentials is
2. The law list must be a reputable law list published not only frowned upon. It is sanctionable because there is a
primarily for that purpose certain degree of dignity that must be maintained.
- It cannot be a mere supplemental feature of a paper,
magazine, trade journal or periodical which is Rule 3.01 - A lawyer shall not use or permit the use of any
published principally for other purpose false, fraudulent, misleading, deceptive, undignified, self-
laudatory or unfair statement or claim regarding his
3. Ordinary simple professional card is permitted: may
qualifications or legal services.
contain a statement of his name, his law firm name,
address, and special branch of law practice.
Duty Not to use Fraudulent or misleading pronouncement of
4. Simple announcement of the opening of a law firm or of
qualifications:
changes in the partnership, associates, firm name or
office address All communications regarding the lawyer must contain
information that is necessary for the client to be informed
5. His name listed in a telephone directory but not under a
designation of a special branch of law. about the professional competence of a lawyer. This info.
would include:
Not allowed advertising
1. Office information – law firm name, and contact
1. A lawyer may not properly publish his brief numbers.
biographical and informative data in a daily paper,
2. Relevant biographical information
magazine, trade journal or society program
3. Description of the practice but only designations and
2. A lawyer may not publish his name in a law list in definitions authorized by the agency.
which the conduct, management or contents are
4. Permitted fee information.
calculated or likely to deceive or injure the public or
the bar, or to lower dignity or standing of the
profession. Some self- laudation must be limited and others prohibited:

Ambulance chasing, defined.  Information on scholastic honors, or election in public


office may be disseminated.
 the lawyer may not announce the successful results he partners and they share both responsibility and liability; and 2.
has obtained on behalf of his clients or the lawyer’s Where two lawyers practice separately sharing no
record in obtaining favorable judgments for the reason responsibility and liability.
that past performance
of the lawyer is not an indication of future performance, and Firm Name for Solo Practitioners:
because no lawyer can guarantee the results of any legal A solo practitioner may not use a firm name which is
misleading such as: use of associates or affiliates, or designate
action. himself as senior atty. Where he is the only atty. in the law
 Testimonials from previous clients are not allowed. firm.
BUT he may use the term “Law Firm”, which may consists
Rule 3.02 - In the choice of a firm name, no false, of many lawyers or only a single practitioner.
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is Rule 3.03 - Where a partner accepts public office, he shall
permissible provided that the firm indicates in all its withdrawal from the firm and his name shall be dropped
communications that said partner is deceased. from the firm name unless the law allows him to practice law
currently.
Duty of Honesty in the Firm name and selection of the
Firm Name:
Public officials that are prohibited to engage in the practice of
law:
1. Generally, the law firm name is derived from the 1. Judges and other officials or employees of the
surnames of the founding members of the law firm. superior court;
2. Usually, firm names “identify the more active and/or 2. Officials and employees of the Solicitor general.
more senior members or partners in the law firm.” 3. Gov’t prosecutors;
3. Art. 1825 of the Civil Code prohibits third person from 4. President, Vide- President, Members of the Cabinet,
including his name in the firm name under pain of their deputies and assistants;
assuming the liability of a partner. 5. Members of the Constitutional Commissions
4. A lawyer is not authorized to use a name other than 6. Ombudsman and his deputies;
the name inscribed in the Roll of Attorneys in his 7. All governors, city and municipal mayors;
practice of law. 8. Prohibited by special law.
5. Lawyers cannot practice under a foreign law firm name
bec. the foreign law firm is not authorized to practice Exceptions:
law in the Philippines and to avoid confusion on part of
 Under Sec. 7 of RA 6713/Code of Conduct of Ethical
future clients. Standards for Public officials and Employees, a
public officer is prohibited to engage in the private practice of
Use of a deceased partner’s name:
- It is permissible provided that “the firm indicates in all their profession unless authorized by the Constitution or law
its communications that said partner is deceased.” provided that such practice will not conflict or tend to conflict
Reason why it is permitted: An able lawyer without with their official functions.
connections will have to make name for himself starting  Member of congress who are lawyers may practice law
from scratch. Another able lawyer who can join an old provided they may not “personally appear” as a counsel
firm, can initially ride on the old firm’s reputation before any court of justice, or before electoral tribunals,
established by the deceased partner. or quasi- judicial and other administrative bodies.
Hence, they may retain their names in the law firm
Continued use of Retired partner’s name: names. The same also applies to Members of the
A retired partner can be in a “of counsel” status and Sangguniang who are lawyers.
retain his name in the firm name esp. if the firm name has
been long- established and well-recognized and Rule 3.04 - A lawyer shall not pay or give anything of
communications about the lawyer’s status clearly indicate value to representatives of the mass media in
that he is retired. anticipation of, or in return for, publicity to attract legal
business.
Use or Assumed Trade Name is not allowed:
A partnership for the practice of law is not a legal entity.  Payment to media for publicity is a callous contempt to
It is a mere relationship or association for a particular purpose. commercialize the legal profession bec. it attracts legal
It is not a partnership formed for the purpose of carrying on a business for legal profession is a public service
trade or business or of holding property.” profession.

Application of the word “associates” in the firm name:


CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
Associates describe those who are employees of the firm. It DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
can be misleading in two situations: 1. Where two lawyers are
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Parties Exempted from the MCLE: those who hold public
positions such as senators, ombudsman, and even
Incumbent deans, bar reviewers and professors of law
Duty to Support the Improvement of the Legal System who have teaching experience for at least ten (10) years in
accredited law schools
Lawyers should participate in proposing and
supporting legislation and program to improve the legal
system, without regard to the general interests or desires
of clients or former clients. He should encourage the CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
simplification old laws and the repeal or amendment of GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
laws that are outmoded. TASKS.

Duty of Lawyers to assist the judicial and Bar Council


(JBC) Duties Apply to Lawyers in government Service General
A lawyer may with propriety endorse a candidate Rule: a lawyer who holds a government
for a judicial office and seek like endorsement from other office may not be disciplined as a member of the Bar for
lawyers. misconduct in the discharge of his duties as a government
official.
- But a lawyer who endorses a judicial candidate or seeks that
endorsement from other lawyers should be actuated by a Exception: If his governmental infraction also constitutes
sincere belief in the superior qualifications of the candidate a violation of his oath as a member of the bar.
for judicial service and not by personal or selfish motive.
Higher standard of integrity is required from government
CANON 5 - A LAWYER SHALL lawyers than private practitioners
a. KEEP ABREAST OF LEGAL DEVELOPMENTS, This is expected because delinquency of a government
b. PARTICIPATE IN CONTINUING LEGAL EDUCATION lawyer erodes the people’s trust and confidence in the
PROGRAMS, government
c. SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN
LAW SCHOOLS AS WELL AS IN THE PRACTICAL When a public officer is sanctionable as a public officer and
TRAINING OF LAW STUDENTS AND when as a lawyer
d. ASSIST IN DISSEMINATING THE LAW AND 1. Violations of RA 6713 ("Code of Conduct and Ethical
JURISPRUDENCE. Standards for Public Officials and Employees.") are not subject
to disciplinary action under the Code of Professional
Responsibility unless the violations also constitutes infractions
Duty to Keep Abreast of Legal Developments of specific provisions of the Code of Professional Responsibility
A lawyer must not only be guided by the strict standards 2. A disbarment case may be filed following a finding of guilt
imposed by the lawyer’s oath, but should likewise espouse in an administrative investigation by the proper government
legally sound arguments for clients. authority.
3. A disbarment case may be filed against a Register of
Genesis of the MCLE Deeds who was dismissed by the President of the Philippines
for the illegal issuance of TCTs.
August 22, 2000, the Supreme Court adopted Bar
Matter No. 805.
On December 01, 2001, the Supreme Court approved Rule 6.01 - The primary duty of a lawyer engaged in public
the MCLE implementing regulations which paved the way prosecution is not to convict but to see that justice is done.
for the full implementation. The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.

Bar Matter 850: Mandatory Continuing Legal Education Duty of a Public Prosecutor to see that Justice is Done
The public prosecutor does not side with either party but
Purpose: To ensure that throughout their career, they instead should be guided by what evidence is presented by the
keep abreast with law and jurisprudence, maintain the contending parties.
ethics of the profession and enhance the standards of law
He should not institute criminal charges when he knows
practice. that the charges are not supported by probable cause.
He should also make known any evidence that tends to
Requirements of Completion of MCLE
negate the guilt of the accused, mitigate the degree of the
Members of the IBP, unless exempted under Rule 7, shall offense, or reduce the punishment.
complete every 3 years at least 36 hours of continuing
education activities.
Rule 6.02 - A lawyer in the government service shall not vehicle of the court and the bar in fashioning a blueprint
use his public position to promote or advance his private for integration and putting same into actual operation.
interests, nor allow the latter to interfere with his public 2. Republic Act 6397, which become effective September 17,
duties. 1971, confirmed the power of the Supreme Court to adopt
rules of court to effect the integration of the Philippine Bar.
Duty to separate Public Duties from Private Interests 3. January 9, 1973 the Supreme Court by a per curiam resolution,
- A public office is a public trust. pursuant to its constitutional mandate ordained the
- The prohibitions are those which may be found integration of the Bar in accordance with its Rules 139-A,
under the Anti-Graft and Corrupt Practices Act effective January 16, 1973.
4. Within the next succeeding months, the IBP was organized.
Rule 6.03 - A lawyer shall not, after leaving government On February 17, 1973, local chapters all over the country
service, accept engagement or employment in finally formed and elections for chapter officers were held.
connection with any matter in which he had intervened
while in said service. Integrated Bar, defined
Is a state-organized bar, to which every lawyer must
Duty to Avoid Conflict of Interest After Leaving the belong, as distinguished from bar associations organized
government service by individual lawyers themselves, membership in which
The word “intervene” is limited to mean only an act of is voluntary.
a person who has the power to influence the subject
proceedings and which act should not be insubstantial and Purpose of the IBP
insignificant. 1. Assist in the administration of justice;
Section 7(b) of RA 6713 prohibits certain transactions 2. Foster and maintain, on the part of its members, high
and interests during the incumbency of the public official ideals of integrity, learning, professional competence,
and for a period of one year after his resignation, public service and conduct;
retirement or separation from the public office. 3. Safeguard the professional interests of its members;
Relation to Canon 36 of the Canons of Professional Ethics 4. Cultivate among its members a spirit of cordiality and
brotherhood;
A lawyer should not accept employment as an
advocate in any matter upon the merits which he has 5. Provide a forum for the discussion of law,
previously acted in a judicial capacity. jurisprudence, law reform, pleading, practice and
procedure, and the relations of the Bar to the Bench and
to the public, and publish information relating thereto;
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE 6. Encourage and foster legal education;
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND 7. Promote a continuing program of legal research in
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. substantive and adjective law, and make reports and
recommendations thereon.
8. Enable the Bar to discharge its public responsibility
effectively.
Duty to uphold the integrity and dignity of the Legal
Profession; Duty to support the Integrated Bar of the
Philippines (IBP) General Objectives of the IBP
1. To elevate the standards of the legal profession,
The lawyer must be ever conscious that his conduct,
2. To improve the administration of justice; and
behavior, bearing, language and reputation are projection not
only of all the lawyers in the country bur a projection of the 3. To enable the Bar to discharge its public
legal profession as well. responsibilities more effectively.

Example of Violation of Canon 7 Effect of Non-Payment of IBP dues: warrant suspension


1. Enticing private individuals to invest their money in an of membership in the Integrated Bar, and a ground for
investment scheme which was an activity not authorized by the removal of the name of the delinquent member from
the company’s by-laws the Roll of Attorneys.

Relation to Canon 29 of the Canons of Professional Ethics Non-political nature of the IBP:
Lawyer should expose without fear or favor before the No lawyer holding an elective, judicial, quasi-judicial,
proper tribunal corrupt or dishonest conduct in the profession or prosecutory office in the Government or any political
and should accept without hesitation employment against a subdivision or instrumentality thereof shall be eligible for
member of bar who has wronged his clients. election of appointment to any position in the Integrated
Bar or any Chapter thereof shall be considered ipso facto
Brief History of the Integrated Bar of the Philippines (IBP) resigned from his position as of the moment he files his
1. Supreme Court created Commission on Bar Integration on certificate of candidacy for any elective public office or
October 5, 1970 which was tasked to serve as a common accepts appointment to any judicial, quasi-judicial, or
prosecutory office in the Government or any political PROFESSIONAL COLLEAGUES, AND SHALL AVOID
subdivision or instrumentality thereof. HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Rule 7.01 - A lawyer shall be answerable for knowingly


making a false statement or suppressing a material fact in Duty of Professional Courtesy:
connection with his application for admission to the bar.
Lawyers are duty bound to uphold the dignity of
the legal profession. A lawyer must give respect to a
Requirements for all applicants for admission to the bar: fellow lawyer at the same way that he expects to be
Every applicant for admission as a member of the bar respected by others.
- must be a citizen of the Philippines,
Advising a client to file disbarment case against
- at least twenty-one years of age, opposing client is not unethical where the lawyer was
- of good moral character, and compelled in good faith to do so, and it was done with no
- resident of the Philippines; and improper motive, lawyer cannot be found guilty of
- must produce before the Supreme Court “instigating” disbarment proceedings against a brother
satisfactory evidence of good moral character, attorney.
and that
- no charges against him, involving moral turpitude, Rule 8.01 A lawyer shall not, in his professional
have been filed or are pending in any court in the dealings, use language which is abusive, offensive or
Philippines. otherwise improper.

Additional requirements for other applicants: Duty to be Professional in Language


- studied law for four years, and
This rule covers not only disrespectful language
- successfully completed all prescribed courses, in a law towards a fellow lawyer, but also covers such language
school or university, towards a party litigant. If the language is towards the
- The affidavit of the candidate, accompanied by a courts, Canon 11, Rule 11.03 will apply.
certificate from the university or school of law
- before he began the study of law, he had pursued pre- law General Rule of Statements in judicial proceedings:
and satisfactorily completed in an authorized and recognized Statements made in the course of judicial
university or college, proceedings are absolutely privileged
- the completion of a four-year high school course,
 Offensive remarks in pleadings are not “privilege
communication.” This is the exception to the above-stated
Rule 7.02 - A lawyer shall not support the application for general rule. This constitutes unprofessional conduct that
admission to the bar of any person known by him to be may subject the lawyer to disciplinary actions, even if the
unqualified in respect to character, education, or other publication is privileged.
relevant attribute. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer,
Duty to Support only those Qualified to be admitted to the however, it is the right of any lawyer, without fear or favor,
Bar to give proper advice and assistance to those seeking relief
Just as the lawyer himself must be qualified with respect against unfaithful or neglectful counsel.
to his character, education and the other requirements, the
lawyer must expect every other applicant to be equally Duty to Refrain from Professional Encroachment:
qualified. Professional courtesy extends to the respect for the lawyer-
Rule 7.03 - A lawyer shall not engage in conduct that client relationship existing between another lawyer and his
adversely reflects on his fitness to practice law, nor shall he clients.
whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.  Should the client manifest his dissatisfaction with his present
lawyer, the new lawyer must give only an objective assessment of
the client’s options and must not denigrate the other lawyer’s
Duty to be Professional and Dignified professional standing in order to obtain for himself the client’s
Directs all lawyers must behave in a professional and account.
dignified manner before the general public. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE
OF LAW.

_______________________________________
Duty to a lawyer to shun unauthorized practice of Law is
Canon 8 - A LAWYER SHALL CONDUCT HIMSELF WITH founded on public interest and policy.
COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
Purpose: to protect the public, the court, the client, and  Enrolled in a recognized law school’s legal education
the bar from incompetence or dishonesty of those approved by the SC.
unlicensed to practice law and not subject to the 2. Appearance: He shall be under the direct supervision and
disciplinary control of the Court. control of a member of the IBP in all his appearance in
court.
Effects of unauthorized practice of law: can bring Exception: law student appears before an inferior court as an
detriment, danger, and damage to private individuals agent or a friend of a party where issues and procedure
who should be receiving competent and learned legal are relatively simple even without supervision of a
assistance from lawyers. lawyer.
3. Privileged communications shall also apply to the student.
Practice of Law – refers to any activity, in or out of the 4. Law student shall comply with the standards of
court which requires the application of law, legal professional conduct governing members of the Bar.
procedure, knowledge, training and experience. Reasons for the need of a supervising lawyer for a practicing
law student:
- Practice of law is not a natural or constitutional right
but a special privilege, highly personal and partakes
the nature of public trust. 1. To ensure no miscarriage of justice.
- One who has passed the bar examinations but has not 2. Law school clinic may be able to protect itself from
yet taken his oath and signed the roll of attorneys is any potential vicarious liability arising from any
not yet authorized to practice law. culpable action of their law students.
- Practice of law without authority may be punished for
indirect contempt. SELF- REPRESENTATION (SEC. 34 RULE 128):
The individual litigant may personally do everything in
the course of proceedings from commencement to the
SHYSTER – In legal ethics, it is a non- lawyer pretending
to be a lawyer. termination of the litigation.

Danger of self- representation: runs the risk of failing in


Specialized practice of Law: a lawyer may prefer a
the legal nuisances because of his ignorance of legal
particular field of law as his interest as he has developed
substance and procedures.
mastery and expertise in that particular field.
A lawyer shall not permit his professional service or his
name to be used in aid or collaborate on cases with a Self- representation cannot be availed in criminal cases
because the right to counsel cannot be waived even
person, agency personal or corporate which are not
though he is the most intelligent man because he does
authorized to practice law.
not know how to establish his innocence.
Rule 9.01 - A lawyer shall not delegate to any unqualified
person the performance of any task which by law may only - A party must choose between self-representation or
be performed by a member of the bar in good standing. being a member of the bar. During the course of
proceedings, a party should not be allowed to shift from
Lawyering is a profession: one form of representation to another in order to avoid
confusion.
A lawyer shall not delegate or assign to an
unqualified person a lawyer’s delicate job because not all
persons are capable of doing a lawyer’s job in every field of Private Practice- involves the exercise of a profession or
law. As a profession, lawyers can demand payment for their vocation usually for gain, mainly as attorney by acting in
services which have certain standard of quality. a representative capacity and as counsel by rendering
legal advice to others.

The Lawyer and the Law Student: Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not licensed
A law student can help the lawyer in the fields of
to practice law, except:
lawyer’s work such as examination of a case law and court
records, interviewing witnesses, making collection of claims,
delivering papers and other similar matters. BUT the student is (a) Where there is a pre-existing agreement with a
not permitted to perform the professional functions of a lawyer, partner or associate that, upon the latter's death,
such as conducting court trials, giving prof. advice to clients or money shall be paid over a reasonable period of time to
drawing legal documents from them. his estate or to persons specified in the agreement; or

A Law Student Practice Rule (Rule 138- A): (b) Where a lawyer undertakes to complete unfinished
1. Conditions for student practice: legal business of a deceased lawyer; or
 th
He is on his 4 year in law school.
(c) Where a lawyer or law firm includes non-lawyer Lawyer’s attempt to raise issues long since laid to
employees in a retirement plan even if the plan is based rest by final and executor judgments.
in whole or in part, on a profit sharing agreement.
Practical reasons for the rule/duty to maintain the integrity Rule 10.01: A lawyer shall not do any falsehood, nor
of the lawyer’s fees: consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.
1. Fees for legal services are the fruits earned from the
proper application of the study of law. Duty of Fidelity to the Courts
Falsehood without intent, causing no material
2. If fees were to be allowed to non- lawyers, it would leave damage, is sanctionable.
the public in hopeless confusion as to whom to consult in case
of necessity and also leave the bar in a chaotic condition Rule 10.02: A lawyer shall not knowingly misquote or
because non- lawyers are not amenable to disciplinary misrepresent the contents of a paper, the language or
measures. the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a
Canon 34 of CPE: provision already rendered inoperative by repeal or
- Prohibits an agreement for the payment to the widow and amendment, or assert as a fact that which has not been
heirs of a deceased lawyer of a percentage of fees received proved.
from the future business of the deceased lawyer’s clients.
- No division of fees for legal services is proper except with Duty to Give Accurate Quotations and Citations:
another lawyer, based upon the division of service or The Golden Rule (on how to quote court
responsibility. decisions): court decisions must be reproduced, copied
or quoted word-for-word and punctuation-mark-for-
punctuation mark.
Canon 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT Rationale of the rule: This is because accdg. to Art 8, CC,
jurisprudence forms part of the law of the land, thus they
must be exactly quoted, otherwise they might lose their
proper and correct meaning, to the
Duty of Candor to the Courts: detriment of other courts, lawyers, and the public who may be
While a lawyer owes fidelity to the cause of his client, misled.
it should not be at the expense of truth and the administration
of justice Lawyer’s signature on pleadings: it constitutes as a certificate
by him that he has read the pleading and that to the best of
his knowledge, information and belief, there is good ground to
support it
Duty to Obey Court Orders:
1. Lawyers should obey court orders and processes; willful Rule 10.03 A lawyer shall observe the rules of procedure and
disregard of them can subject lawyers to punishment for shall not misuse them to defeat the ends of justice.
contempt and disciplinary sanctions
2. A lawyer has the graver responsibility (than any other Duty of Fidelity to the Rules of Procedures:
profession) to uphold the integrity of the courts and show
respect to their processes Note: Rules of Court have the force and effect of law; real
3. This duty exists no matter how minor the court order may spirit and intent should be invoked (remember StatCon lesson-
seem Rules of Court are liberally construed)
4. Failure to do so is only partially justified by his attention
to his sick relatives Filing a Dilatory appeal: filing an appeal to delay the
5. Failure to receive court orders is not an excuse when enforcement of a final judgment. Splitting an appeal into
there is negligence several actions is an abuse of processes of court
6. On vague or erroneous court orders: Lawyer should carry
out the spirit and intent (and just openly defy the court
order) CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
Duty to file pleadings on time: RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
Late filings may be exculpated by fortuitous AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
events or force majeure, but absence of these factors will
hold the lawyer liable.
As an officer of the court, it is his duty to uphold the
Relevant illustration of lawyer’s disrespect to court
dignity and authority of the court which he owes fidelity
orders:
accdg. to the oath he has taken. Respect for the courts
guarantees the stability of our democratic institutions which, b. Contempt Proceedings are distinct and separate from
without respect, would be resting on a very shaky foundation. disciplinary or disbarment cases.
Canon 11 also speaks respect due to the judicial officers. c. Contempt in facie curiae (in the face of the court) is
Thus, lawyers must also extend respect to the clerk of the determined by the trial judge and could be summarily
court. punished without hearing.
Illustration of violation of the rule: d. Disrespectful language in a pleading may also be
committed indirectly, by annuendo or sarcastically.
Stating in a radio interview that a judge was ignorant e. The disrespect may be committed against the court and
of the law and he is studying mahjong rather than the judiciary in general.
studying law. f. The disrespect may be committed in a perverted
reasoning or argument stated in pleading.
A. Forms of Disrespect to the Court:
g. Want of intention is not an excuse for the disrespectful
language used. The counsel cannot claim that his words
1. Disregard from the court orders is disrespect to the
did not mean what any reader must have understood
court; examples:
them as meaning.
a. Failure to file a reply as ordered by the SC is
sanctionable. h. The subsequent deletion of the paragraph containing the
disrespectful language, made through an amendment,
b. Disobeying a TRO issued by the CA.
does not erase the fact that is has been made. Thus, it
- Court orders however erroneous they may be, must
cannot be a defense in a charge of indirect contempt.
be respected especially by lawyers who are by
themselves officers of the courts because of the respect i. Lawyers facing direct contempt may not be allowed to retire
and consideration that should be extended to the judicial from practice of law bec. it would negate the power to
branch of the gov’t. punish him for contempt.

Differences of Direct and Indirect Contempt:


2. Harassment of judges is also disrespect to the Court.
Indirect or constructive contempt:
The filing of baseless and frivolous
a. The contemnor may be punished only “after the charge
administrative complaints against judges is a clear in writing has been filed, and an opportunity has been
harassment to exact vengeance for rendering adverse given to the accused to be heard by himself or counsel.”
judgments. A counsel can also be held to account for
b. It is appealable.
assisting a client in filing an utterly unmeritorious
administrative complaint against a judge because it is a
Direct contempt:
form of harassment and an attempt to unduly influence
the course of the appeal. a. The respondent may be summarily adjudged in
contempt.
b. Only judgments of contempt by MTCs, MCTCs and
3. Unexplained failure to appear at scheduled hearing MeTCs are appealable.
is disrespect and an indirect contempt:
A lawyer without any explanation or justification
shows disrespect and degrading the administration of  Using contemptuous language in pleadings directed
justice. The lawyer must apologize for his non- against a particular judge but presented in another court or
appearance in court. Even if the petition become moot proceeding constitutes indirect contempt. But if said pleading
and academic, the counsel must still appear at the is submitted before the same judge, it would be direct
contempt.
hearing. It is indirect contempt bec. of disobedience or
resistance to a lawful write, order, judgment or Rules on Contempt under Rule 71 of the Rules of
command by the court. Court:

B. Remedies in case of a biased and prejudiced judge: A. Any person may be punished for Direct contempt if
The bias and prejudice of a trial judge is a valid the person is guilty of misbehavior in the presence of or
reason for voluntary inhibition of the judge under Rule so near a court as to obstruct or interrupt in the
137, Sec. 1 (par2). Mere suspicion that a proceedings before the same, including:
judge is partial is not enough, there must be clear and - disrespect toward the court,
convincing evidence to prove the charge.
- offensive personalities toward others,
C. Power of Contempt by the Court: - or refusal to be sworn or to answer as a witness,
- or to subscribe an affidavit or deposition when
lawfully required to do so.
a. The power of contempt should be exercised on the
preservative to uphold respect due to it and not on the
PENALTY:
vindictive principle.
Contempt committed against:
RTC/CA/SC: Fine not exceeding 2,000 pesos or - A lawyer not wearing proper attire in court may be held in
imprisonment not exceeding 10 days or both. contempt of court and ordered to leave the court and
Lower court: fine not exceeding or imprisonment not return properly attired.
exceeding 1 day or both.
Rule 11.02 - A lawyer shall punctually appear at court
B. Any person may be punished for Indirect Contempt in hearings.
any of the following acts (SEC. 3):
a. Misbehavior of an officer of a court in the Punctuality is demanded by the respect which a lawyer
performance of his duties. owes to the court, the opposing counsel and to all the parties
b. Disobedience or resistance to a lawful order. to the case. It is not an excuse that his tardiness was caused by
c. Any abuse of or any unlawful interference with the matters which could reasonably be foreseen or anticipated
proceedings of a court. such as traffic/breakdown of his vehicle.
d. Any improper conduct which tends directly or
indirectly to impede, obstruct, or degrade the Rule 11.03 - A lawyer shall abstain from scandalous,
administration of justice. offensive or menacing language or behavior before the
e. Assuming to be an attorney or an officer of a court Courts.
and acting as such without authority.
f. Failure to obey a subpoena duly served. Illustration of violation of the rule both written and oral
g. The rescue or attempted rescue of a person or language:
property in custody of an officer by virtue of an Using the terms “abhorrent nullity”, “legal Monstrosity”,
order of the court held by him. “horrible error”

NOTE: Nothing in the section shall be construed as to If the disagreement between the counsel and the judge has
prevent the court from issuing process to bring the degenerated into a personal clash, the use
respondent into court, or from holding him in custody of the contempt power may no longer be in the preservative
pending such proceedings. but already in the vindictive sense. If this happens, the
contempt citation would be improper or that punishment
How to commence proceedings:
should be revised.
1. May be initiated by the court against which the
contempt was committed by an order or formal
charge requiring the respondent to show cause why Rule 11.04 - A lawyer shall not attribute to a Judge
he should not be punished for contempt. motives not supported by the record or have no
2. Commence by a verified petition with supporting materiality to the case.
particulars and documents to support the petition.
Duty not to attribute unfounded ill-motives to a judge:
Where to File: where the charge for indirect contempt has It is the right of the lawyer also as a citizen to
been committed against a: criticize in properly respectful terms and through
a. RTC/court of equivalent/higher Court should be legitimate channels the acts if courts and judges.
charged/filed with such court. Illustration of violation of the rule:
b. If in lower court should be filed in RTC
An allegation by a counsel that the proceedings before
Hearing: respondent may be released from custody upon filing the trial court were “irregular” and that the so called
of the bond. irregularities “show the accused control over the court
and court procedure”.
PENALTY:
Contempt committed against: RTC/CA/SC: fine not exceeding Rule 11.05 - A lawyer shall submit grievances against a
30,000 pesos or imprisonment not exceeding 6 months or Judge to the proper authorities only.
both.
Lower court: fine not exceeding 5,000 pesos or imprisonment Grievance Mechanism:
not exceeding 1 month or both.
a. All grievances against judges must be presented
before the SC as the disciplining authority over all
Rule 11.01 - A lawyer shall appear in court properly attired. judges.
b. It must be shown beyond doubt that the judgment is
Proper attire for: unjust as it is contrary to law or is not supported by
Male - Barong Tagalog or suit with tie. evidence, and the same was made with conscious
Female – appropriate business attire. and deliberate intent to do an injustice.
But generally, the proper attire would be the contemporary
business suit. Elements of inexcusable negligence in rendering an
unjust judgment:
Judge failed to observe in his performance of 2. Filing multiple cases based on the same cause of action
his duty, that diligence, prudence, and care which the and the same prayer, the previous case having been finally
law is entitled to exact in the rendering of public service. resolved (where the ground for dismissal is res judicata)

3. Filing multiple cases based on the same cause of


action but with different prayers (splitting of causes
Jurisdiction of the Ombudsman over Judges: of action, where the ground for dismissal is also
The Ombudsman is duty- bound to have all either litis pendentia or res judicata)
cases against judges and court personnel filed before it
referred to the SC for determination of whether an Summary dismissal:
administrative aspect is involved in accordance with Art. If the acts of the party or his counsel clearly
VIII Sec. 6 of Constitution. In the meantime that the constitute willful and deliberate forum shopping, the
administrative matter is pending before the SC, the same shall be ground for summary dismissal with
Ombudsman must defer action on the criminal complaint prejudice and shall constitute direct contempt, as well as
against the judge or court personnel. a cause for administrative sanctions.

[Even in the judiciary] the rule requiring a Certificate of


Non-Forum Shopping may be relaxed when so warranted
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND  Willful intent is required: when there’s no intention
EFFICIENT ADMINISTRATION OF JUSTICE. on the part of the lawyer to mislead the court, he can’t
be sanctioned
 Literal identity of the parties is not required: It’s
sufficient that there is identity of interests represented.
Duty to Assist in the Speedy and Efficient Administration of
Justice:
Certificate of Non-Forum Shopping is executed by the
Lawyers should not forget that they are, first and party, not the counsel:
foremost, officers of the court, bound to exert every effort to If executed by the counsel, it’s defective
assist in the speedy and efficient administration of justice. This equivalent to a non-compliance with the requirement
duty is not only of the lawyer but also of the judge Rationale: it is the party himself who would be in a
position to know whether another case had been filed or
Rule 12.01 A lawyer shall not appear for trial unless he has not.
adequately prepared himself on the law and the facts of his
case, the evidence he will adduce and the order of its Res judicata distinguished from Forum shopping:
preference. He should also be ready with the original
documents for comparison with the copies. a. Res judicata is what results when a present case filed
is barred by a prior final judgment
Rule 12.02 A lawyer shall not file multiple actions arising b. Forum shopping requires another pending case
from the same cause. Illustration:
Filing an action for the annulment if the sale and
Duty not to Engage in FORUM SHOPPING: the recovery of property allegedly inherited from the
Forum Shopping is a malpractice of trifling with the deceased will not prosper where the same property and
courts and abusing their processes (Forum shopping is the the same claim are pending adjudication in a separate
litigants’ act of getting their legal case heard in the court proceeding for the settlement of the estate of the
thought most likely to provide a favorable judgment) deceased.

Elements of Forum Shopping: Rule12.03 A lawyer shall not, after obtaining extensions of
1. Identity of parties or at least such parties as representing time to file pleadings, memoranda or briefs, let the period
the same interests in both actions lapse without submitting the same or offering an explanation
2. Identity of the rights asserted and the reliefs prayed for, for his failure to do so.
the relief being founded on same facts
3. The identity of the two preceding particulars, such that any Duty to File Pleadings Seasonably:
judgment rendered in the other will amount to res judicata 1. The grant of extensions of time to file pleadings is a mere
in the action under consideration liberality upon the granting authority, so it must not be
abused. A lawyer who files a motion for extension does
3 ways to commit forum shopping: not do so as a matter of right. It’s a mere plea.
1. Filing of multiple cases based on the same cause of action
and with the same prayer (where the ground for dismissal 2. An extension of time for filing of briefs will not be allowed
is litis pendentia) except for good and sufficient cause, and only if it’s filed
before the expiration of the time sought to be extended
3. Allowance or denial of the motion filed is addressed to testimony; counsel obfuscates the truth or instructs the
the sound discretion of the court witness to lie. It makes the testimony appear contrived,
4. Explanation for failure to file pleading seasonably must be rehearsed, and unreliable.
acceptable.
5. Lawyers should not presume that the extension that may Rule 12.06 - A lawyer shall not knowingly assist a witness to
be granted shall be counted from notice. Thus, lawyers misrepresent himself or to impersonate another.
should not wait until their motion for extension is acted
upon. They should file their pleadings within the period Duty not to Present a False Witness
which they requested in their motion for extension. Dealing with corrupt witnesses: when the judge is
convinced that the witness makes false statements, he may
Illustration: immediately order that the witness be prosecuted for perjury.
The excuse that the counsel was suffering from
hypertension was not accepted, as the counsel could have Rule 12.07 A lawyer shall not abuse, browbeat or harass a
informed the court in due time witness nor needlessly inconvenience him.

Rule 12.04 A lawyer shall not unduly delay a case, impede Duty to Respect Witness:
the execution of a judgment or misuse Court processes.
Because a witness is not an antagonistic party, so
he/she should be respected and treated with politeness and
Duty Against Dilatory moves and Misuse of Court courtesy
- this speaks of duty to expedite litigation.
- this is because a lawyer owes a duty to the court to
Rule 12.08 A lawyer shall avoid testifying in behalf of his
“assist the court in the expeditious consideration
client, except:
and disposal of pending cases”
(a) on formal matters, such as the mailing, authentication
or custody of an instrument, and the like; or
 Technicalities should not be improperly used to
(b) on substantial matters, in cases where his testimony is
thwart substantial justice. Hence, a party should not
essential to the ends of justice, in which event he must,
invoke defect of from where no prejudice to substantial
during his testimony, entrust the trial of the case to another
rights are involved
counsel.
Treble costs can be assessed against dilatory and
frivolous appeals and tactics: Duty not to be a Witness and Counsel at the Same Time:
Frivolous / dilatory appeals: Where the rights of If a lawyer is both counsel and witness, he becomes
a party have been made crystal clear by a lower court more easily impeachable for interest and thus may be a less
decision, it may also already be clear that any appeal effective witness. The public will be inclined to believe that a
from it is clearly groundless and that the appeal made is lawyer’s testimony is altered to serve the client’s interest. He
only for the purpose of delay. Such a scheme is an is an ineffective position or arguing his own credibility. The
attempt to defeat the administration of justice roles of an advocate and a witness are inconsistent.

Illustration: Rationale of the rule:


Repeatedly resorting to the remedy of certiorari is a 1. It’s designed to protect the integrity of the advocate’s
dilatory tactic professional role by preserving the distinction between
advocacy, which is based on reason and subject to
objective evaluation, and testimony, which is based on
Example of Misuse of Court Processes:
the witness’ moral qualities and is evaluated in terms of
Multiple or repetitious petitions - filing, in behalf of the
individual credibility.
same petitioners, a second petition for review on
certiorari of the same CA decision that had been
previously denied with finality. 2. It is corollary to the rule that an advocate may not
inject personal belief as to the cause into argument
to the judge. In other words, it eliminates the
Rule 12.05 A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while the opportunity to mix argument and fact.
witness is still under examination.
 Prohibition does not apply to a former counsel
Duty not to Coach a Witness under Examination:  This does not mean that a lawyer cannot testify as
Witness Preparation (allowed): occurs before the testimony; witness. His remedy would be to withdraw from
lawyer’s act of advising the client of the intended testimony active management of the case.
and the witnesses’ ability to convey the information and
advocate the strengths of the testimony; here the lawyer can
inform the witness what to expect, how to act properly, and CANON 13 - A LAWYER SHALL:
the procedures Witness Coaching (not allowed): done during - RELY UPON THE MERITS OF HIS CAUSE
- AND REFRAIN FROM ANY IMPROPRIETY WHICH a. public discussion of a prior criminal record
TENDS: which is not relevant to the present charge
- TO INFLUENCE, against him;
- OR GIVES THE APPEARANCE OF b. on-screen admissions of guilt by the accused.
INFLUENCING THE COURT.
Open- Justice principle:
Refers to the public right to scrutinize and
Duty not to influence judges: criticize courts and court proceedings.
Any inappropriate ex parte communication with Purpose: to prevent idiosyncrasy or judicial arbitrariness
the judge is disallowed. A lawyer should not and maintain public confidence in the administration of
communicate or argue privately with the judge as to the justice. Also, it has been just as fundamental to a
merits of the pending cause and deserves rebuke and democratic society of freedom of speech.
denunciation for any device of attempt to gain from
judge special personal consideration favor. Post- litigation criticisms:
It is the duty of a lawyer to criticize and expose
Rule 13.01 - A lawyer shall not extend extraordinary the shortcomings and indiscretions of courts and judges
attention or hospitality to, nor seek opportunity for by criticizing concluded litigations because then the
cultivating familiarity with Judges. court’s actuations are thrown open to public
consumption and discussion.
Duty of non-fraternization with judges:
A lawyer’s treatment of judges must not be with
the end in view of cultivating closeness which can be Illustration of disrespectful post- litigation criticisms:
converted later on to seek favors from the judge. a. A lawyer stating through a local newspaper,
Being a former law school classmate, being a “the only remedy to put an end to so much evil,
neighbor/fraternity brother, both lawyer and the judge is to change the members of the SC.”
must be aware and conscious as to where such
friendship must end. Rule 13.03 - A lawyer shall not brook or invite
When it comes to matters pending in the judicial interference by another branch or agency of the
docket, the lawyer and the judge must keep a government in the normal course of judicial
professional distance and affinity must be kept proceedings.
respectful.

Rule 13.02 - A lawyer shall not make public statements


in the media regarding a pending case tending to arouse Judicial Independence defined:
public opinion for or against a party. - It is the doctrine that decisions of the judiciary should be
Duty not to resort to the Bar of Public Opinion during the impartial and not subject to influence from the other
pendency of a case: branches of a gov’t or from private or political interests.
However, it should be recognized that certain
statements may be generally permitted, such as a statement Two types of Judicial Independence:
on the general nature of a claim or defense in a pending case. 1. Institutional independence – means the judicial branch is
independent from the executive and legislative branches.
Illustration of violation of the rule: 2. Decisional independence – is the idea that judges should
Publication in a newspaper with the title, “Senior prosecutor be able to decide cases solely based on the law and the
lambasts Surigao judge for allowing murder to bail out.” facts without letting the media, politics or other concerns
sway their decisions, and without fearing penalty in their
Sub- Judice defined: careers for their decisions.
- Refers to matters under or before a judge or court;
under judicial consideration.
Basis/purpose of the Sub- Judice rule: CANON 14 – A lawyer shall not refuse his services to the
The courts must be allowed to deal with the legal needy.
issues that are before it free from undue interference and
influences by others making public statements about how
these issues should be dealt with. It also protects the Rule 14.01 – A lawyer shall not decline to represent a person
witnesses because public statements may change relevant solely on account of the latter's race, sex. creed or status of
facts of what he witnessed. life, or because of his own opinion regarding the guilt of said
Ex. of violation of sub- judice rule: person.
Rule 14.02 – A lawyer shall not decline, except for serious The right to secure CDP’s services is not absolute:
and sufficient cause, an appointment as counsel de officio or Reason: The Court should balance the privilege to retain
as amicus curiae, or a request from the Integrated Bar of the a counsel of choice against the state and offended party’s
Philippines or any of its chapters for rendition of free legal equally important right to speedy and adequate justice,
aid.
The Court can restrict the accused’s option to retain a
Counsel de Oficio(CDO): A lawyer appointed by the Court to CDP under the ff. circumstances:
counsel an accused. One can be a CDO if he’s a member of the - When an accused insists on an atty he can’t afford;
bar in good standing who can competently defend the - When he chooses someone who’s not a member of
accused. the bar
- When the personally chosen lawyer declines (for a
In localities where no bar member is available: Court may valid reason) ...and similar others...
appoint any person, resident of the province and of good
repute for ability to defend the accused. The right to a CDP is waivable under the ff conditions:
- Waiver isn’t contrary to law, public order, public policy,
General rule: A lawyer can’t decline being appointed as CDO. morals, or good customs OR prejudicial to a 3 rd person
Exception: a serious and sufficient cause, like the 1) lawyer with a right recognized by law
cannot competently handle the case or 2) there’s conflict of - Waiver is unequivocally, knowingly, and intelligently made
interest. Amicus Curiae: “friend of the court” a person with strong
interest on the subject matter of an action. He can be a private
Court’s duty to appoint a CDO is NOT mandatory when: the person or someone from the government.
accused has proceeded with the arraignment and the trial
with a his chosen counsel (CDP), but during presentation of
evidence, he
appears by himself alone because of the inexcusable absence An amicus curiae becomes a friend of the court when:
of his counsel. 1. He files a petition with the court for permission to file a
brief, apparently on behalf of a party but actually to
The court can appoint a CDO during (or in the middle suggest a rationale consistent with its own views. His
of) the trial: If an accused’s CDP deliberately makes briefs are commonly filed in appeals concerning matters
himself incompetent, the Court can appoint a CDO to of public interest.
enable the trial to proceed until CDP finally appears. 2. Court invites him to help in the disposition of issues
Reason: because otherwise, the pace of the criminal submitted to it.
prosecution will be entirely dictated by the accused to
the detriment of the resolution of the case. Rule 14.03 A lawyer may not refuse to accept representation
of an indigent client if:
 The need for this appointment arises when an (a) he is not in a position to carry out the work effectively or
accused is penniless and a lawyer’s services as counsel to competently;
the former are necessary to secure the ends of justice (b) he labors under a conflict of interest between him and
and to protect the rights of the party the prospective client or between a present client and the
prospective client.
 People who may avail of this legal service: A poor
accused who’s unable to employ an atty; Only indigents Indigent party/ pauper litigant: one who has no money or
may avail of services of PAO (Note: a CDO is not property sufficient and available for food, shelter and basic
automatically a PAO lawyer. Remember, CDO may come necessities for himself and his family; the Court designates one
from private sector) as such upon ex parte application and hearing (to prove that
he really is indigent)
 A CDO gets paid but NOT by indigent client; he may
get compensation from the Court subject to availability An indigent party is entitled to/exempt from:
of funds. (Rules of Court, Sec 32, Rule 138) - Docket and other lawful fees (but they create a lien on the
judgment that will be rendered, unless the court provides
 A CDO is not exempt from any liability in case he otherwise) transcripts of stenographic notes.
messes. He’s equally liable as any paid lawyer.
Rule 14.04: A lawyer who accepts the cause of a person
Distinguish Counsel de oficio (CDO) from Counsel de unable to pay his professional fees shall observe the same
parte (CDP): standard of conduct governing his relations with paying
 CDO is a court appointed lawyer; clients.
 CDP is the lawyer of the party’s own choice
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS 6. The absence of any other lawyer in town is not an excuse
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS to accept cases that has conflict of interest.
WITH HIS CLIENTS. 7. Conflict of interests is not limited to litigation cases but
can also rise from financial dealings.
Duty of candor to his client – a lawyer is not barred from
commercially dealing with his client but the business A lawyer is forbidden to do either of two things after
transactions must be characterized with utmost honesty severing his relationship with a former client:
and good faith.
1. He may not do anything injuriously affect his former
Illustration of violation of this rule: client in any matter in which he formerly represented
a. The act requiring his clients to pay 15,980 on him;
the pretext that it was needed for the payment 2. Nor he may at any time use against his former client
of court fees which were not. knowledge/information acquired by virtue of the
previous relationship.
Rule 15.01 - A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether the Rationale for the prohibition on conflict of interests:
matter would involve a conflict with another client or
his own interest, and if so, shall forthwith inform the 1. The relations of atty. and client are founded on principles
prospective client. of public policy, on good taste.
2. To avoid treachery and double- dealing so that clients be
A lawyer could determine potential conflict of interest encouraged to trust their secrets to their attorneys.
by:
- the initial conferment of a prospective client, Test to determine if there is conflict of interests:
- facts given to him and
- asking the necessary questions regarding the facts - Whether the acceptance of a new relation would prevent
and personalities involved in the case. the full discharge of the lawyer’s duty of undivided fidelity
and loyalty to the client or will it invite suspicion of
Rule 15.02 - A lawyer shall be bound by the rule on unfaithfulness or double-dealing in the performance of that
privilege communication in respect of matters disclosed duty?
to him by a prospective client. - An important criterion is “probability” and not
“certainty” of conflict.
Rule 15.03 - A lawyer shall not represent conflicting Rule 15.04 - A lawyer may, with the written consent of all
interests except by written consent of all concerned concerned, act as mediator, conciliator or arbitrator in
given after a full disclosure of the facts. settling disputes.

Rule on conflict of interests:


 A lawyer acts as intermediary in seeking to establish or
1. Prohibits the lawyer from representing new clients adjust a relationship between clients on amicable and
whose interests oppose those of a former client in mutually advantageous basis ex: in helping organize a
any manner, whether or not they are parties in the business in which 2 or more clients are entrepreneurs.
same action or in totally unrelated cases.
The alternative can be that each party may have to obtain
2. Good faith and honest intention does not negate the
prohibition. separate representation, with the possibility in some situations
3. To be guilty of representing conflict of interests, a of incurring additional cost, complication or even litigation.
counsel of record of one party need not also be of  The lawyer then, acts as intermediary. Forms of
counsel of record of the adverse party. He does not intermediation vary from arbitration to mediation
have to publicly hold himself as the counsel of the where each client’s case presented by the respective
adverse party, nor make his efforts to advance the client and the lawyer decides the outcome, then to
adverse party’s conflict of interests of record- common representation.
although these circumstances are the most obvious
and satisfactory proof of the charge. Rule 15.05 - A lawyer when advising his client, shall give
The duration of time that has elapsed is immaterial in a candid and honest opinion on the merits and probable
determining conflict of interests. So whether the results of the client's case, neither overstating nor
relationship with the client terminated 8yrs before the understating the prospects of the case.
creation of new client that has adverse of interest with
the first client, there still has conflict of interest. Scope of the Advice:
5. Termination of previous engagement is not a ground to a. Client is entitled to straight-forward advice expressing
disregard the prohibition on conflict of interest because lawyer’s honest assessment.
the client’s confidence once reposed cannot be divested b. Purely technical advice can sometime be inadequate
by the expiration of the professional employment. unless requested by the client himself. It is proper for
a lawyer to refer relevant moral and ethical  Failure to remit amounts to client pursuant to an
considerations in giving advice. execution – misappropriation; such act gives rise to the
c. Where consultation with a professional in another presumption that he has appropriated the money for his
field is itself something a competent lawyer, would own use; lawyer can be cited in contempt;
recommend, the lawyer should make such  Restitution may be ordered in all instances of failure
recommendation ex. family matters with the help of in this duty.
clinical psychology and business matters with the aid  The amount/s covered by this rule: Any, not just
of financial specialists. litigation expenses but also expenses due BIR, Register
of Deeds, and others.
Rule 15.06 - A lawyer shall not state or imply that he is  Mere failure to promptly report to the client his receipt
able to influence any public official, tribunal or of the money is punishable
legislative body.
Rule 16.02 A lawyer shall keep the funds of each client
Rule 15.07 - A lawyer shall impress upon his client separate and apart from his own and those of others kept by
compliance with the laws and the principles of fairness. him.

Rule 15.08 - A lawyer who is engaged in another Rule 16.03 A lawyer shall deliver the funds and property of
profession or occupation concurrently with the practice his client when due or upon demand. However, he shall have
of law shall make clear to his client whether he is acting a lien over the funds and may apply so much thereof as may
as a lawyer or in another capacity. be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also
 The objective of this rule is to avoid confusion, both for have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the
the benefit of the lawyer and the client.
 As a rule, a lawyer is not barred from commercially Rules of Court.
dealing with client but the business transaction
must be characterized with utmost honesty and Though a lawyer has a lien over his client’s funds, he
good faith. should notify his client about it in due time – he should
 Business transactions bet. atty. and his client is give notice promptly (accdg to this rule, he may notify his
discouraged by the policy of the law because the client after he satisfies his fees)
lawyer might take advantage of his client’s ignorance
using his position. Rule 16.04 A lawyer shall not borrow money from his
client unless the client's interest are fully protected
by the nature of the case or by independent advice.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS Neither shall a lawyer lend money to a client except,
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS when in the interest of justice, he has to advance
PROFESSION. necessary expenses in a legal matter he is handling
for the client.

Duty to be a Trustee of Client’s Moneys and Properties: General Rule: No debtor-creditor relationship
Mainly because what client and lawyer have is a fiduciary between lawyer and client
relationship.
Exception:
Rule 16.01: A lawyer shall account for all money or property - Lawyer may borrow money from his client only if
collected or received for or from the client. his client’s interests are fully protected
- Lawyer may lend money to a client, when in the
interest of justice, (during his handling of the case) he
Duty of Accountability – generally derived from law on
has to advance necessary expenses
agency which imposes the duties of separation, accounting,
notification and delivery on all agents possessing the
principal’s property.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE
 A lawyer may not apply any amount he received as partial OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
settlement of a judgment to his professional fees without TRUST AND CONFIDENCE REPOSED IN HIM.
the concurrence of his client.
 Failure in this duty is misconduct. (In one case, the lawyer Canon 17 decrees the fiduciary relationship
was suspended) Fear of not being paid is no excuse. between a client and his lawyer. The fidelity which a
 If done with bad faith and deceit – grave lawyer owes to his client does not necessarily mean
misconduct absolute adherence to the client’s views or activities.
Duty of confidentiality; preservation of client’s secrets:
The protection given to the client is perpetual
and does not cease with the termination of the litigation, CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
nor is it affected by the party’s ceasing to employ the COMPETENCE AND DILIGENCE.
attorney and retaining another, or by any other change
of relation between them. It survives the death of the
client. Diligence with that norm of practice expected of
men of good intentions (as the practice of law does not
Rationale: require extraordinary diligence)
- to avoid self- incrimination;
- to maintain the right to counsel; Entry and Authority of Appearance:
- Encourages a dynamic and fruitful exchange and flow A lawyer is presumed to be properly authorized
of information; to represent any cause in which he appears (and no
- Full disclosure opens the door to the whole spectrum of written power of attorney is required for this authority)
legal options on the case of the client than limited Formal entry of appearance is no longer
information; required so an appearance may be made by simply filing
a normal motion, plea, or answer.
General rule on transparency in the identity of the client: as a
matter of public policy, a lawyer may not invoke the
- a law firm’s main and branch offices comprise a
communication privilege and refuse to divulge the name or
single law firm
identity of his client because:
- death of handling lawyer does not extinguish
- The court has the right to know that the client whose lawyer-client relationship
privileged information is sought to be protected is flesh
and blood. - When relationship is with a law firm, death of the
handling lawyer does not terminate lawyer-client
- The privilege exists only after the atty-client relationship
relationship between the client and law firm; so the
has been established.
lawyers in the firm, to not be held liable for negligence,
- Privilege generally pertains to the subject matter of the should either re-assign the case or withdraw from it.
relationship.
- Accountability of a supervising lawyer for an
- Due process require that the opposing party should know
associate lawyer’s misconduct - well, he’ll just be asked
his adversary.
to explain.
Exceptions to the general rule: Info relating to the identity of
Does the lawyer’s negligence bind his client? General
the client may fall within the ambit of the privilege when the
Rule: Yes. XCPN: negligence amounts to deprivation of
client’s name itself has an independent significance, such as
due process for the client of results to serious injustice
disclosure would then reveal client’s confidences.

Rule 18.01: A lawyer shall not undertake a legal service


Purchase of the client’s property by the lawyer under Article which he knows or should know that he is not qualified to
1491 of the Civil Code:
render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating counsel a
Under 1491 of the Civil Code, lawyers are prohibited lawyer who is competent on the matter.
from acquiring either by purchase or assignment the property
or rights involved which are the objects of the litigation in Because the legal practice is an expansive and wide field, it
which they intervene by virtue of their profession. can’t be expected that a lawyer specializes in all and in every
Even if a fair price was paid for the property if it is field of law. If a lawyer engages in a practice of law in which he
object of the litigation, it is void and inexistent pursuant to is not familiar, he will be rendering an inferior service to the
Art. 1409 of the Civil Code. Hence, constitutes breach of detriment of the client and to this professional
professional ethics and constitutes malpractice. embarrassment
The prohibition on purchase is all embracing to
include not only sales to private individuals but also to public Rule 18.02 A lawyer shall not handle any legal matter
or judicial sales. without adequate preparation.

Lawyer’s unfamiliarity with the principles of law applicable to a


Rationale of the prohibition: client’s legal matters would give rise to disciplinary action. But
- Public policy disallows the transactions in view of the an erroneous opinion on a difficult question of law wouldn’t
fiduciary relationship involved i.e. the relation of trust and mean that a lawyer acted incompetently; the “thoroughness”
confidence. required is that ordinarily employed by lawyers undertaking
- An atty. may easily take advantage of the credulity and similar matters
ignorance of his client and unduly enrich himself at the
expense of his client.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted
to him, and his negligence in connection therewith shall Rule 19.01 - A lawyer shall employ only fair and honest
render him liable. means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten
Duty not to be negligent! to present unfounded criminal charges to obtain an
- Because public interest demands. improper advantage in any case or proceeding.
- He can’t just entirely entrust/delegate tasks to his staff,
this includes matters pertaining to the resolution of the Rule 19.02 - A lawyer who has received information that
case his client has, in the course of the representation,
- It’s the lawyer’s bounden duty to check, review, and perpetrated a fraud upon a person or tribunal, shall
recheck the allegations in their pleadings... promptly call upon the client to rectify the same, and
the accuracy of statements, down to the last word and failing which he shall terminate the relationship with
punctuation mark. such client in accordance with the Rules of Court.

 If the client is bound by his counsel’s acts, with more Duty not to condone a client’s fraud:
reason should counsel be bound by his staff’s acts. A lawyer may not continue assisting a client in the
conduct that that lawyer originally supposes is legally proper
 Lawyers can be held civilly liable: for negligence in the but then discovers is criminal and fraudulent. He should:
handling of his client’s case.
1. Endeavour to rectify it by advising his client.
Rule 18.04 A lawyer shall keep the client informed of the 2. Withdrawal from the representation if necessary or if the
status of his case and shall respond within a reasonable time client refused to rectify it.
to the client's request for information. 3. Has discretion to inform promptly the injured person or
his counsel, so that they may take appropriate steps.
A client is entitled to the fullest disclosure of the
what’s, how’s and why’s of the case proceedings. Client must Definition of Fraud – a generic term, embracing all
receive: periodic and full updates on the mode and manner multifarious means which human ingenuity can devise, and
that the lawyer is utilizing to defend his interests which are resorted to by one individual to get advantage over
another by false suggestions or by suppression of truth, and
includes all surprise, trick and cunning unfair way by which
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
another is cheated.
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case.
 It is the duty of a lawyer to serve only within the
bounds of law, fair and honest and for lawful objectives.
- Lawyers have the exclusive management of the
procedural aspect of the litigation including the enforcement
 He must give a candid and honest opinion on the of the rights and remedies of their client.
merits and probable of the client’s case with the end in
view of promoting respect for the law and for legal - Even over the objection of the client, a lawyer can
processes, and counsel or maintain such actions or present or refuse to present certain witnesses.
proceedings which appear to him as just and such
defenses only as he believes to be honestly debatable
- Mistakes of counsel as to the relevancy or irrelevancy of
under the law. certain evidence or mistakes in the proper defense, in the
introduction of certain evidence, or in argumentation are,
 Rationale of the canon: a lawyer’s duty is not to his among all mistakes and procedure and they bind the clients.
client but in the administration of justice; to that end,
his client’s success is wholly subordinate; and his
conduct ought to and must always be thoroughly
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
observant of law and ethics.
REASONABLE FEES.

 It is improper for a lawyer to assert in argument his


personal belief in his client’s innocence in the justice of
his cause. Rule 20.01 A lawyer shall be guided by the following factors
in determining his fees:
 The office of the attorney does not permit, much
less does not demand of him for any client, violation of (a) the time spent and the extent of the service rendered or
law or any manner of fraud or chicanery, he must obey required;
his own conscience and not that of his client. (b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter; individuals but also public or judicial sales; this covers not only
(d) The skill demanded; the purchase but also the assignment of the property
(e) The probability of losing other employment as a
result of acceptance of the proffered case; He may: if the lawyer acquires it after the termination of the
(f) The customary charges for similar services and the case
schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the Rationale (of the prohibition): public policy disallows because
benefits resulting to the client from the service; of the fiduciary (based on trust and confidence) nature of the
(h) The contingency or certainty of compensation; lawyer-client relationship; and because by virtue of the
(i) The character of the employment, whether lawyer’s office, he may easily take advantage of the credulity
occasional or established; and and ignorance of his client and unduly enrich himself at the
(j) The professional standing of the lawyer. expense of his client.

The amount of atty’s fees due is that stipulated in the  Mere demand for delivery of the litigated property does not
retainer agreement, absence such, amount would be cause the transfer of ownership, thus, not a prohibited
fixed on the basis of the quantum merit (reasonable transaction.
worth) of the atty’s services
CHAMPERTY: “buying into someone else’s lawsuit”, it’s the
Factors to be considered in fixing atty’s compensation: arrangement in which a 3rd party (or even the litigation lawyer)
- Importance of the subject matter of the supports another’s litigation in exchange for a share of the
controversy proceeds, if there are any. If there are none, the party litigant
- Extent of services rendered would not have to pay the person or entity which financed the
- Professional standing of the lawyer litigation. Any amount advanced would not have to be
returned.
 Court isn’t bound by opinion of a lawyer as to Champerty is prohibited on the ground of public policy, it
violates the fiduciary relationship between the lawyer and his
proper compensation; Court may disregard it and base
its conclusion on its own professional knowledge client. It’s also a form of maintenance (intermeddling of an
 No form is required with regard to agreement on fees uninterested party.
but it’s preferred if it’s in writing

 Written agreement on fees is generally binding,


For the party litigant, it’s an issue of litigation financing (when
he has no financial means to pursue litigation).
but if client is ignorant and uneducated, such written
agreement may not be persuasive and the
compensation should be made on the basis of quantum Lawyer’s contingency fee (payment conditional upon
merit. success) is an exception to this prohibition.

 Unless expressly stipulated, payment of lawyer’s fees


CHAMPERTOUS CONTRACTS: an agreement between a
is not gratuitous (as it’s based on the law of contract: I do
and you give) third person and a party litigant or a lawyer and his client
 A lawyer may require advance payment of his fees, but
wherein the third person with respect to the party
litigant or the lawyer with respect to his client, supports
he shall return the excess.
 A lawyer may accept property in payment such as
the party litigant’s or the client’s litigation in exchange
for a share of the proceeds emanating from the litigation,
ownership interest in an enterprise.
if there are any.
A lawyer is entitled to recover litigation expenses when:
- Defendant’s act or omission has commission has SYNDICATED LAWSUITS. It’s a form of champerty where
compelled the plaintiff to litigate or to incur expenses to the litigant sells his shares in his lawsuit to investors.
protect his interest;
- The defendant acted in gross and evident bad faith in Rule 20.01 A lawyer shall not reveal the confidences or
refusing to satisfy the plaintiff’s valid, just, and secrets of his client except;
demandable claim (a) When authorized by the client after acquainting him
- In any other case where the court deems it just and of the consequences of the disclosure;
equitable that the expenses be recovered (b) When required by law;
(c) When necessary to collect his fees or to defend
Lawyer’s acquisition of his client’s property: himself, his employees or associates or by judicial
action.
He may not: if the properties are the objects of the litigation in
which he intervenes (meaning, “during the pendency of the  There are no fixed rules in the setting of attorney’s
litigation”); this prohibition includes not only sales to private fees, that’s why they’re negotiable.
There can only be guidelines.
 Judge’s opinion as to the capacity of the lawyer is It’s preferable that agreement on fees between the
not a basis of the right to a lawyer’s fees client and lawyer be in writing (to avoid disputes)

Manner of fixing the fees: ASSUMPSIT: Latin for “he undertook, he promised”, It’s a
Hourly fee basis: a lawyer keeps an accurate record of all cause of action for unpaid work. Its basis is common law so it’s
the time he had spent on the case, indicating the number not applicable in the Philippines.
of minutes spent in every activity relating to the case. It’s
usual to mark the time in tenth-of-an-hour increments, Concepts on attorney’s fees:
meaning in chunks of six minutes. Then the number will Ordinary sense: compensation paid by client. Extraordinary
be multiplied by the lawyer’s agreed upon hourly rate. sense: awarded by the court to be paid by the losing party
Fixed fee basis: Combination arrangement (this must be expressly stated in the decision)

 Lawyer may ask for “deposits” which would cover CONTINGENT FEES: Arrangement where fees are due
the necessary expenses and costs only if the lawyer handles a case successfully. Fees will
 An executor or administrator of an estate may not come from the recovered amount in the case. If the case
charge against the estate any professional is unsuccessful, the client is under no obligation to pay
fee for legal services as such are already paid for in his lawyer.
his capacity as executor or administrator
Retaining lien on client’s funds and documents (and
General elements to be considered in fixing a
reasonable compensation/L property): Upon receipt of the funds belonging to the
- Importance of the subject matter/controversy client, the lawyer may collect any lien which he as over
them in connection with his legal services, provided he
- Extent of the services rendered
gives prompt notice to his client. A lawyer is not entitled
- Professional standing of the lawyer
to unilaterally appropriate his client’s for himself by the
Rule 20.02 A lawyer shall, in case of referral, with the
consent of the client, be entitled to a division of fees in mere fact that the client owes him atty’s fees.
proportion to the work performed and responsibility
assumed. QUANTUM MERUIT: “as much as he deserves”; the rule
implies a promise to pay a reasonable amount for the
Duty to Divide Fees in Proportion to Work Done labor and materials furnished
- Applicable in instances where legal work would have to be
shared between two or more lawyers Fees based on quantum meruit is authorized when:
- There is no express contract for the payment
- In this case, fees would have to be shared between these
lawyers proportionately (on the basis of the proportion of - Although there’s formal contract, the fees are
services they render or by agreement between/among unconscionable or unreasonable
the lawyers) with the prior consent of the client. - Void contract
- It doesn’t require disclosure to the client of the lawyer’s - The counsel, for justifiable cause, was not able to
share. finish the case to its conclusion
- There is a hearing.
RETAINING FEE: preliminary fee paid to ensure and secure a
Lawyer Referral System: the purpose of this is to aid lawyer’s future services, to remunerate him for being
individuals who are able to pay fees but need assistance in deprived, by being retained by one party, of the opportunity
locating lawyers competent to handle their particular of rendering services to the other part and of receiving pay
problems. from him.

Rule 20.03 A lawyer shall not, without the full knowledge and
 In the absence of an agreement to the contrary, the
consent of the client, accept any fee, reward, costs,
retaining fee is neither made nor received in
commission, interest, rebate or forwarding allowance or
consideration of the services contemplated; it’s apart
other compensation whatsoever related to his professional
from what the client has agreed to pay for the services
employment from anyone other than the client.
which he has retained him to perform
Such a payment may be allowed provided it is with full
knowledge and consent of the client and subject to the  Absence of the stipulation of additional atty’s fees is not a
condition that that lawyer reasonably believes that the client’s bar to the collection of additional atty’s fees
best interest will not be adversely affected
2 kinds of retainer fees:
Rule 20.04 A lawyer shall avoid controversies with clients 1. General retainer: the fee paid to a lawyer to secure his
concerning his compensation and shall resort to judicial future services as general counsel for
action only to prevent imposition, injustice or fraud. any ordinary legal problem that may arise in the routinary
business of the client and referred to him for legal action.
Duty to Avoid Disputes with Client Over Fees:
Reason for this is that the lawyer is deprived, by being Rule 21.01 - A lawyer shall not reveal the confidences or
retained by one party, of the opportunity of rendering services secrets of his client except;
to the other part and of receiving pay from him.
- This fee is independent and different from the (a) When authorized by the client after acquainting him
compensation which the lawyer should receive in of the consequences of the disclosure;
payment for his services
(b) When required by law;
2. Special retainer: fee for a specific case handled or special
service rendered by the lawyer for a client. (c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
 Expiration of retainer agreement does not mean that action.
lawyer is no longer entitled to attorney’s fees for services
rendered Attorney- client privileged defined- in the law of
 the dismissal of a counter-claim (for atty’s fees) does not evidence, it is the client’s privilege to refuse to disclose
amount to res judicata and to prevent any person from disclosing confidential
 Rights and obligations arising from the lawyer-client communication between him and his attorney.
relationship is not transmissible (therefore the lawyer may Factors to consider in creation of a Lawyer- Client
not go against the heirs of his client of payment of his relationship:
professional fees). The fees constitute a charge against 1. Where legal advice of any kind is sought
the client’s state. 2. from a professional legal adviser in his capacity as
such,
 When a lawyer rendered legal services to the
3. the communications relating for that purpose,
administrator or executor to assist him in the execution of
4. made in confidence
his trust, his atty’s fees may be allowed as administration
5. by the client,
expense. But the estate is not directly liable for his fees,
because they rest primarily on the executor or 6. are at his instance permanently protected,
administrator. 7. from disclosure by himself or by the legal advisor,
8. except the protection be waived.
 His remedy is: a) file an action against the executor
in his personal capacity; or b) file a petition in the Rules on creation of Lawyer- Client relationship:
intestate or testate proceedings  Written contract is not an essential element in the
employment of an attorney, it could be expressed or implied.
ACCEPTANCE FEE: It’s an absolute fee arrangement  Personal relationship is irrelevant
which entitles a lawyer to get paid for his efforts  Payment of fees to the lawyer is irrelevant.
regardless of the outcome of the litigation
 Lawyer- client relationship is not terminated by a trial court’s
decisions on the case.

CANON 21 - A LAWYER SHALL PRESERVE THE (Self- explanatory rules of Canon 21):
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED. Rule 21.02 - A lawyer shall not, to the disadvantage of his
client, use information acquired in the course of
employment, nor shall he use the same to his own advantage
Rationale of lawyer- client confidentiality: or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
To permit the attorney to reveal to others what
is disclosed, would be not only a gross violation of a Rule 21.03 - A lawyer shall not, without the written consent
sacred trust upon his part, but it would utterly destroy of his client, give information from his files to an outside
and prevent the usefulness and benefits derived from agency seeking such information for auditing, statistical,
professional assistance.
bookkeeping, accounting, data processing, or any similar
Lawyer- client confidentiality extends as well to
his employees and neither of them should accept purpose.
employment, which involves or may involve the
disclosure or use of these confidences either for the Rule 21.04 - A lawyer may disclose the affairs of a client
advantage of his client, without his knowledge and of the firm to partners or associates thereof unless
consent, and even though there are other available prohibited by the client.
sources of information.
The announced intention of the client to Rule 21.05 - A lawyer shall adopt such measures as may
commit crime or fraud is not included within the be required to prevent those whose services are utilized
confidence which he bound to respect. by him, from disclosing or using confidences or secrets
of the clients.
 A lawyer appointed to public office remains as counsel of
Rule 21.06 - A lawyer shall avoid indiscreet conversation record where he did not file a motion to withdraw as
about a client's affairs even with members of his family. counsel.

Rule 21.07 - A lawyer shall not reveal that he has been Procedure for the Substitution of Attorneys. There must be
consulted about a particular case except to avoid filed:
possible conflict of interest. - Written application for such substitution
- Written consent of the client
- If the written consent can’t be obtained, there must
be filed with the application proof of service of notice
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
of such motion upon the atty to be substituted in the
ONLY FOR GOOD CAUSE AND UPON NOTICE
manner prescribed by the rules
APPROPRIATE IN THE CIRCUMSTANCES.
- If the foregoing is not complied with, substitution will
not be permitted.

Duty to Withdraw Legal Services Only for Good Cause Rule 22.02 A lawyer who withdraws or is discharged shall,
and Upon Notice
subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall
Rule 22.01 A lawyer may withdraw his services in any of cooperative with his successor in the orderly transfer of the
the following case: matter, including all information necessary for the proper
(a) When the client pursues an illegal or immoral handling of the matter.
course of conduct in connection with the matter he is
handling; Duty to Effect an Orderly Turn-Over after Withdrawal or
(b) When the client insists that the lawyer pursue Discharge
conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will not  The discharge does not terminate the lawyer’s duty
promote the best interest of the client; to protect the client’s interest.
(d) When the mental or physical condition of the
lawyer renders it difficult for him to carry out the Lawyer’s right to retain papers: This right persists largely
employment effectively; because no substitute procedures have been established
(e) When the client deliberately fails to pay the fees for to provide a lawyer with a prior secured claim for his fee.
the services or fails to comply with the retainer
agreement;
Charging lien: a charging lien to be enforceable as
(f) When the lawyer is elected or appointed to public security for the payment of atty’s fees requires as a
office; and Other similar cases.
condition sine qua non a judgment for money and
execution in pursuance of such judgment secured in the
main action by the atty in favor of his client. This lien
Requirement of proper withdrawal: presupposes that the atty has secured a favorable money
The lawyer should have either the written conformity judgment for his client.
of his client or an order from the court relieving him of the
duties of counsel
If the client refuses to give consent to the retirement
or withdrawal, the lawyer must file an application or petition
for withdrawal with the court. He must serve a copy of his
petition upon his client and the adverse party at least 3 days
before the date set for hearing, otherwise the court may treat
the application as a “mere scrap of paper.”

Withdrawal of record is required for an attorney of record in


litigation: a lawyer must still appear on the date of hearing for
the atty-client relation does not terminate formally until there
is a withdrawal of record. Until he is properly relieved as
counsel of record, he will remain responsible for the conduct
of the case.

 Retirement from the practice of law is not an excuse from


properly withdrawing from a case. Even if he has retired,
he can’t still ignore court orders. He must go thru proper
withdrawal process.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy