Code of Professional Responsibility
Code of Professional Responsibility
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.
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:
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.
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.
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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.
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.
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)
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.
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.
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.
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
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.”