Ateneo Legal Ethics Memory Aid 2001

8/9/2019 Ateneo Legal Ethics Memory Aid 2001

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L E G A L E T H I C SR E V I E W E R

ATENEO CENTRAL BAR OPERATIONS 2001G.N.C.

LEGAL ETHICS is a branch of moral science, which treats of the duties whichan attorney owes to the court, to the client, to his colleagues in the profession and to the

public as embodied in the Constitution, Rules of Court, the Code of ProfessionalResponsibility, Canons of Professional Ethics, jurisprudence, moral laws and speciallaws.

Original Bases of Legal Ethics:1. Canons of Professional Ethics2. Supreme court Decisions3. Statistics4. Constitution5. Treatises and publications

Present Basis of the Philippine Legal System: Code of Professional Responsibility.

BAR V. BENCHRefers to the whole body of attorneys and denotes the whole body of judgescounselors, collectively the members ofthe legal profession

Practice of Law any activity, in or out of court which requires the application of law,legal procedure, knowledge, training and experience. To engage in the practiceof law is to give notice or render any kind of service, which or devise or servicerequires the use in any degree of legal knowledge or skill (Cayetano v. Monsod,201 SCRA 210).

Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class ofpersons who are licensed officers of the courts, empowered to appear prosecuteand defend and upon whom peculiar duties, responsibilities, and liabilities aredeveloped by law as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney in fact an agent whose authority is strictly limited by the instrumentappointing him, though he may do things not mentioned in his appointmentnecessary to the performance of the duties specifically required of him by thepower of attorney appointing him, such authority being necessarily implied. He isnot necessarily a lawyer.

Counsel de Oficio a counsel, appointed or assigned by the court, from amongmembers of the Bar in good standing who, by reason of their experience andability, may adequately defend the accused.

Note: In localities where members of the Bar are not available, the court mayappoint any person, resident of the province and good repute for probity andability, to defend the accused. Sec. 7, Rule 116, Rules of Court.

Attorney ad hoc a person named and appointed by the court to defend an absenteedefendant in the suit in which the appointment is made (Bienvenu v. Factors ofTraders Insurance Cp., 33 La.Ann.209)

Attorney of Record - one who has filed a notice of appearance and who hence isformally mentioned in court records as the official attorney of the party. Personwhom the client has named as his agent upon whom service of papers may bemade.(Reynolds v. Reynolds, Cal.2d580).

Of Counsel to distinguish them from attorneys of record, associate attorneys arereferred to as of counsel (5 Am. Jur. 261).


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Lead Counsel The counsel on their side of a litigated action who is charged with theprincipal management and direction of a partys case.

House Counsel Lawyer who acts as attorney for business though carried as anemployee of that business and not as an independent lawyer.

Bar Association an association of members of the legal profession.

Advocate The general and popular name for a lawyer who pleads on behalf ofsomeone else.

Barrister (England) a person entitled to practice law as an advocate or counsel insuperior court.

Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts

whose duties and business correspond to those of an attorney at law or solicitorin Chancery.

Titulo de Abogado - it means not mere possession of the academic degree ofBachelor of Laws but membership in the Bar after due admission thereto,qualifying one for the practice of law.

ADMISSIONTOTHE PRACTICEOF LAW

The Supreme Court has the power to control and regulate the practice of law. Thus, theConstitution, under Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protectionand enforcement of constitutional rights,

pleading, practice and procedure in all courts,the admission to the practice of law, theIntegrated Bar, and legal assistance to theunder privileged.

The Supreme Court acts through a Bar Examination Committee in the Exercise of hisjudicial function to admit candidates to the legal profession.

The Bar Examination Committee:

Composed of (1) member of the Supreme Court who acts as Chairmanand eight (8) members of the bar.

The 8 members act as examiners for the 8 bar subjects with one subjectassigned to each.

The Bar Confidant acts as a sort of liason officer between the court andthe Bar Chairman on the other hand, and the individual members of thecommittee on the other. He is at the same time a deputy clerk of court.

Admission of examinees is always subject to the final approval of thecourt.

Practice of LawThe practice of law is a privilege granted only to those who possess the STRICT

INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who areinstruments in the effective and efficient administration of justice. (In Re: Argosino,1997).


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Requirements for admission to the Bar:1. citizen of the Philippines2. at least 21 years old3. of good moral character4. Philippine resident5. Production before the supreme court satisfactory evidence of:

a. good moral characterb. no charges against him, involving moral turpitude, have been filed or are

pending in any court in the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moralcharacter is not only a condition precedent for admission to the legal profession, but it

must also remain intact in order to maintain one's good standing in that exclusive andhonored fraternity. (Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:1. a bachelors degree in arts and sciences (pre-law course)2. a completed course in:

a. civil lawb. commercial lawc. remedial lawd. public international lawe. private international lawf. political lawg. labor and social legislationh. medial jurisprudencei. taxation

j. legal ethics

Non-lawyers who may be authorized to appear in court:1. Cases before the MTC: Party to the litigation, in person OR through an

agent or friend or appointed by him for that purpose (Sec. 34, Rule 138,RRC)

2. Before any other court: Party to the litigation, in person (Ibid.)3. Criminal case before the MTC in a locality where a duly licensed member of

the Bar is not available: the judge may appoint a non-lawyer who is:a. resident of the provinceb. of good repute for probity and ability to aid the accused in his defense

(Rule 116, Sec. 7, RRC).4. Legal Aid Program - A senior law student, who is enrolled in a recognized law

schools clinical education program approved by the supreme Court mayappear before any court without compensation, to represent indigent clients,accepted by the Legal Clinic of the law school. The student shall be underthe direct supervision and control of an IBP member duly accredited by thelaw school.

5. Under the Labor code, non-lawyers may appear before the NLRC or anyLabor Arbiter, if

a. they represent themselves, or ifb. they represent their organization or members thereof (Art 222, PO

442, as amended).6. Under the Cadastral Act, a non-lawyer can represent a claimant before the

Cadastral Court (Act no. 2259, Sec. 9).


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Public Officials who cannot engage in the private practice of Law in thePhilippines:

1.Judges and other officials as employees of the Supreme Court (Rule 148,Sec. 35, RRC).

2. Officials and employees of the OSG (Ibid.)3. Government prosecutors (People v. Villanueva, 14 SCRA 109).4. President, Vice-President, members of the cabinet, their deputies and

assistants (Art. VIII Sec. 15, 1987 Constitution).5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987

Constitution)6. Ombudsman and his deputies (Art. IX, Sec. 8 (2ndpar), 1987 Constitution)7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).8. Those prohibited by special law

PUBLICOFFICIALSWITH RESTRICTIONSINTHE PRACTICEOF LAW1. No Senator as member of the House of Representative may personallyappear as counsel before any court of justice as before the ElectoralTribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14,1987 Constitution).

2. Under the Local Government Code (RA 7160, Sec. 91) Sanggunian membersmay practice their professions provided that if they are members of the Bar,they shall not:a. appear as counsel before any court in any civil case wherein a local

government unit or any office, agency, or instrumentality of thegovernment is the adverse party;

b. appear as counsel in any criminal case wherein an officer or employee ofthe national or local government is accused of an offense committed inrelation to his office;

c. collect any fee for their appearance in administrative proceedingsinvolving the local government unit of which he is an official;

d. use property and personnel of the government except when theSanggunian member concerned is defending the interest of thegovernment.

3. Under RA 910, Sec. 1, as amended, a retired justice or judge receivingpension from the government, cannot act as counsel in any civil case inwhich the Government, or any of its subdivision or agencies is the adverseparty or in a criminal case wherein an officer or employee of the Governmentis accused of an offense in relation to his office.

ATTORNEYS OATH

I, __________________, do solemnly swear that I will maintain allegiance tothe Republic of the Philippines; I will support its constitution and obey the lawsas well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly norwittingly promote or sue any groundless, false or unlawful suit, or give aid norconsent to the same; I will delay no man for money or malice, and will conductmyself as a lawyer according to the best of my knowledge and discretion, withall good fidelity as well to the court as to my clients; and I impose upon myself

this voluntary obligations without any mental reservation or purpose of evasion.So help me God.(Form 28, RRC)


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Nature of Lawyer's Oath The lawyer's oath is not mere facile words, drift and hollow, but a sacred trust that

must be upheld and kept inviolable. (Sebastian vs. Calis, 1999) It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all

times weigh his actions according to the sworn promises he made when taking thelawyer's oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).

CODEOF PROFESSIONAL RESPONSIBILITY

CHAPTER 1LAWYERAND SOCIETY

CANON 1 A lawyer shall uphold the constitution, obey the laws of theland and promote respect for law and for legal processes

Duties of Attorneys:a. to maintain allegiance to the Republic of the Philippines and tosupport the Constitution and obey the laws of the Philippines;b. to observe and maintain the respect due to the courts of justice and

judicial officers;c. to counsel or maintain such actions or proceedings only as appear tohim as just, and such defenses only as he believes to be honestly debatableunder the laws;d. to employ, for the purpose of maintaining the causes confided to him,such means only as are consistent with truth and honor, and never seek tomislead the judge or any judicial officer by an artifice or false statement of fact orlaw;e. to maintain inviolate the confidence, and at every peril to himself, topreserve the secrets of his client, and to accept no compensation in connectionwith his client's business except from him or with his knowledge and approval;f. to abstain f rom all offensive personality and to advance no fact

prejudicial to the honor or reputation of a party or witness, unless required by thejustice of the cause with which he is charged;g. not to encourage either the commencement or the continuance of anaction or proceeding, or delay any man's cause for any corrupt motive or interest;h. never to reject, for any consideration personal to himself, the cause ofthe defenseless or oppressed;i. in the defense of a person accused of a crime, by all fair andhonorable means, regardless of his personal opinion as to the guilt of theaccused, to present every defense that the law permits, to the end that no personmay be deprived of life or liberty, but by due process of law.


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Rule 1.01 A lawyer shall not engage in unlawful, dishonest,immoral or deceitful conduct.

Conviction for crimes involving moral turpitude a number of lawyers have beensuspended or disbarred for conviction of crimes involving moral turpitude such as:

a. estafab. briberyc. murder d. seductione. abductionf. smugglingg. falsification of public documents

Morality as understood in law - This is a human standard based on natural moral law

which is embodied in mans conscience and which guides him to do good and avoidevil.

Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or goodmorals.

Immoral Conduct: that conduct which is willful, flagrant, or shameless and whichshows a moral indifference to the opinion of the good and respectable members ofthe community (Arciga vs. Maniwag, 106 SCRA 591).

Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminalact or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a

WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORALINDIFFERENCE to the opinion of respectable members of the community. (Naragvs. Narag, 1998)

Rule 1.02 A lawyer shall not counsel or abet activities aimed atdefiance of the law or at lessening confidence in the legal system.Rule 1.03 A lawyer shall not, for any corrupt motive or interest,encourage any suit or proceeding or delay any mans cause.Rule 1.04 A lawyer shall encourage his clients to avoid, end orsettle the controversy if it will admit of a fair settlement.

If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise

the latter to acquiesce and submit, rather than traverse the incontrovertible. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare

cases where the blood, relationship or trust makes it his duty to do so.

Temper clients propensity to litigate.

Should not be an instigator of controversy but a mediator for concord and conciliatorfor compromise.

The law violated need not be a penal law. Moral Turpitude everything which isdone contrary to justice, honesty, modesty or good morals.

Give advice tending to impress upon the client and his undertaking exact compliancewith the strictest principles of moral law.

Until a statute shall have been construed and interpreted by competent adjudication,he is free and is entitled to advise as to its validity and as to what he conscientiously

believes to be its just meaning and extent. A lawyer has the obligation not to encourage suits. This is so as to prevent barratry

and ambulance chasing. Barratry offense of frequently exciting and stirring up quarrels and suits, either at

law or otherwise; Lawyers act of fomenting suits among individuals and offering hislegal services to one of them.


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Ambulance Chasing Act of chasing victims of accidents for the purpose of talkingto the said victims (or relatives) and offering his legal services for the filing of a caseagainst the person(s) who caused the accident(s).

CANON 2 A lawyer shall make his legal services available in an efficientand convenient manner compatible with the independence, integrityand effectiveness of the profession.

Rule 2.01 A lawyer shall not reject, except for valid reasons, thecause of the defenseless or oppressed.Rule 2.02 In such a case, even if a lawyer does not accept a case,he shall not refuse to render legal advise to the person concerned ifonly to the extent necessary to safeguard latters rights.Rule 2.03 a lawyer shall not do or permit to be done any act

designed primarily to solicit legal business.

Primary characteristics which distinguish the legal profession from business;a. duty of service, of which the emolument is a by product, and in which one

may attain the highest eminence without making such money;b. a relation as an officer of court to the administration of justice involving

thorough sincerity, integrity and reliability;c. a relation to clients in the highest degree of fiduciary;d. a relation to colleagues at the bar characterized by candor, fairness and

unwillingness to resort to current business methods of advertising andencroachment on their practice or dealing with their clients.

Defenseless not in the position to defend themselves due to poverty, weakness,

ignorance or other similar reasons. Oppressedvictims of acts of cruelty, unlawful exaction, domination or excessive

use of authority.

Rule on Advertisements General Rule: No advertisements allowed. The most worthy and effective

advertisement possible is the establishment of a well-merited reputation forprofessional capacity and fidelity to trust.

Lawyers may not advertise their services or expertise nor should notresort to indirect advertisements for professional employment, such asfurnishing or inspiring newspaper comments, or procuring his photographto be published in connection with causes in which the lawyer has beenengaged or concerning the manner of their conduct, the magnitude of theinterest involved, the importance of the lawyer's position, and all otherself-laudation.

Exceptions/ Permissible advertisements:1. Reputable law lists, in a manner consistent with the standards of conduct

imposed by the canons, of brief biographical and informative data, areallowed.

2. Ordinary simple professional Card. It may contain only a statement of hisname, the name of the law firm which he is connected with, address,telephone number and the special branch of law practiced.

3. A simple announcement of the opening of a law firm or of changes in thepartnership, associates, firm name or office address, being for theconvenience of the profession, is not objectionable.

4. Advertisements or simple announcement of the existence of a lawyer or hislaw firm posted anywhere it is proper such as his place of business orresidence except courtrooms and government buildings.

5. Advertisements or announcement in any legal publication, including books,journals, and legal magazines.


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Rule 2.04 A lawyer shall not charge rates lower than thosecustomarily or prescribed, unless circumstances so warrant.

A lawyer cannot delay the approval of a compromise agreement entered intobetween parties, just because his attorneys fees were not provided for in theagreement.

Rule: A lawyer cannot compromise the case without clients consent (specialauthority). Exception: Lawyer has exclusive management of the procedural aspectof the litigation (e.g. Submission for decision on the evidence so far presented. But incase where lawyer is confronted with an emergency and prompt/urgent action isnecessary to protect clients interest and theres no opportunity for consultation, thelawyer may compromise.

Rule: Refrain from charging rates lower than the customary rates.Valid Justification: relatives, co-lawyers, too poor

CANON 3 A lawyer in making known is legal services shall use only true,honest, fair dignified and objective information or statement of facts.

Rule 3.01 A lawyer shall not use or permit the use of any false,fraudulent, misleading, deceptive, undignified, self-auditory or unfairstatement or claim regarding his qualifications or legal services.

Violation of Rule 3.01 is unethical, whether done by him personally or throughanother with his permission.

Rule 3.02 In the choice of a firm name, no false, misleading, or

assumed name shall be used. The continued use of the name of adeceased partner is permissible provided that the firm indicates inall its communication that said partner is deceased.Rule 3.03 Where a partner accepts public office, he shall withdrawfrom the firm and his name shall be dropped from the firm nameunless the law allows him to practice law concurrently.Rule 3.04 A lawyer shall not pay or give anything of value torepresentatives of the mass media in anticipation of, or in return for,publicity to attract legal business.

It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client relationship with the law firm.

Negligence of a member in the law firm is negligence of the firm.

CANON 4 A lawyer shall participate in the improvement of the legalsystem by initiating or supporting efforts in law reform and in theadministration of justice.

Examples: Presenting position papers or resolutions for the introduction of pertinentbills in congress; Petitions with the Supreme Court for the amendment of the Rulesof Court.

CANON 5 A lawyer shall keep abreast of legal developments, participate

in continuing legal education programs, support efforts to achieve highstandards in law schools as well as in the practical training of students andassist in disseminating information regarding the law and jurisprudence.

Objectives of integration of the Bar

To elevate the standards of the legal profession

To improve the administration of justice

To enable the Bar to discharge its responsibility more effectively.


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The three-fold obligation of a lawyer

First, he owes it to himself to continue improving his knowledge of the

laws; Second, he owes it to his profession to take an active interest in themaintenance of high standards of legal education;

Third, he owes it to the lay public to make the law a part of their socialconsciousness.

CANON 6 These canons shall apply to lawyers in government service inthe discharge of their official tasks.

Public Officials include elective and appointive officials and employees, permanentor temporary, whether in the career or non-career service, including military andpolice personnel, whether or not they receive compensation, regardless of amount.

(Sec. 3 (b), RA 6713). The law requires the observance of the following norms of conduct by every public

official in the discharge and execution of their official duties:a. commitment to public interestb. professionalismc. justness and sincerityd. political neutralitye. responsiveness to the publicf. nationalism and patriotismg. commitment to democracyh. simple living (Sec. 4, RA 6713)

Rule 6.01 The primary duty of a lawyer engaged in publicprosecution is not to convict but to see that justice is done. Thesuppression of facts or the concealment of witnesses capable ofestablishing the innocence of the accused is highly reprehensibleand is cause of disciplinary action.Rule 6.02 A lawyer in the government service shall not use hispublic position to promote or advance his private interest, nor allowthe latter to interfere with his public duties.Rule 6.03 A lawyer shall not, after leaving government service,accept engagements or employment in connection with any matterin which he had intervened while in said service.

Various ways a government lawyer leaves government service:a. retirementb. resignationc. expiration of the term of officed. dismissale. abandonment

Q: What are the pertinent statutory provisions regarding this Rule?A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713

Sec 3. Corrupt practice of Public Officers. In addition to acts or omissionof public officers already penalized by existing law, the following shall constitute

corrupt practice of any public officer and are hereby declared to be unlawful:(d) accepting or having any member of his family accept employment in a privateenterprise which has pending official business with him during the pendencythereof or within one year after termination.


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Section 7 (b) of RA 6713 prohibits officials from doing any of the followingacts:

1. own, control, manage or accept employment as officer, employee,consultant, counsel, broker, agent, trustee or nominee in any privateenterprise regulated, supervised or licensed by their office unlessexpressly allowed by law.

These prohibitions shall continue to apply for a period of one (1) yearafter resignation, retirement, or separation from public office, except in thecase of subparagraph (b) (2) above, but the professional concernedcannot practice his profession in connection with any matter before theoffice he used to be with, in which case the one year prohibition shalllikewise apply.

Lawyers in the government service are prohibited to engage in the private practice of

their profession unless authorized by the constitution or law, provided that suchpractice will not conflict or tend to conflict with their official functions.

Misconduct in office as a public official may be a ground for disciplinary action (if ofsuch character as to affect his qualification as lawyer or to show moral delinquency).

Should recommend the acquittal of the accused whose conviction is on appeal, IF hefinds no legal basis to sustain the conviction.

Includes restriction is representing conflicting interest (e.g. Accepting engagementsvs. former employer, PNB)

The OSG is not authorized to represent a public official at any state of a criminalcase.

CHAPTER IITHE LAWYERANDTHE LEGAL PROFESSION

CANON 7 A lawyer shall at all times uphold the integrity and dignity of thelegal profession, and support the activities of the integrated bar.

Rule 7.01 A lawyer shall be answerable for knowingly making falsestatements or suppressing a material fact, in connection with hisapplication for admission to the bar.Rule 7.02 A lawyer shall not support application for admission to

the bar by any person known to him or be unqualified in respect tocharacter, education, or other relevant attribute.Rule 7.03 A lawyer shall not engage in conduct that adverselyreflects on his fitness to practice law, nor should he, whether inpublic or private life, behave in a scandalous manner to the discreditof the legal profession.

Upright character; not mere absence of bad character.

A lawyer must at all times conduct himself properly as not to put into question hisfitness to practice law.

Avoid scandalous conduct; not only required to refrain from adulterous relationshipsor the keeping of mistress but must also behave himself as to avoid scandalizing the

public by creating the belief that he is flouting those moral standards.


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CANON 8 A lawyer shall conduct himself with courtesy, fairness andcandor towards his professional colleagues, and shall avoid harassing

tactics against opposing counsel.

Rule 8.01 A lawyer shall not, in his professional dealings, uselanguage which is abusive, offensive or otherwise improper.Rule 8.02 A lawyer shall not, directly or indirectly, encroach uponthe professional employment of another lawyer; however, it is theright of any lawyer without fear or favor, to give proper advice andassistance to those seeking relief against unfaithful or neglectfulcounsel.

It is the duty of a lawyer to inform the SC or the IBP of such malpractice to the endthat the malpractitioner be properly disciplined.

Not to use in pleadings and in practice the following: disrespectful, abusive andabrasive language, offensive personalities, unfounded accusations or intemperatewords tending to obstruct, embarrass or influence the court in administering justice.

Want of intention: not an excuse for the disrespectful language used. It merelyextenuates liability.

CANON 9 A lawyer shall not directly or indirectly assist in theunauthorized practice of law.

Rule 9.01 A lawyer shall not delegate to any unqualified person theperformance of any task which by law may only be performed by amember of the bar in good standing.

Rule 9.02 A lawyer shall not divide or stipulate to divide a fee forlegal services with persons not licensed to practice law, except:

a. Where there is a pre-existing agreement, with a partner or associate that , upon the latters death, money shall be paid over areasonable period of time to his estate or to the persons specified in theagreement; orb. Where a lawyer undertakes to complete unfinished legalbusiness of a deceased lawyer; orc. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in partof a profit sharing arrangements.

Lawyer shall not negotiate with the opposite party who is represented by a counsel.Neither should lawyer attempt to interview the opposite party and question him as tothe facts of the case even if the adverse party is willing to do so.

Lawyer should deal only with counsel, even if theres a fair agreement.

Lawyer may however interview any witness or prospective witness for the opposingside. Limitation: avoid influencing witness in recital and conduct.

A lawyer must not take as partner or associate one who:1. is not a lawyer2. is disbarred3. has been suspended from the practice of law4. foreign lawyer, unless licensed by the SC.

A lawyer cannot delegate his authority without clients consent even to a qualifiedperson.


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CHAPTER IIITHE LAWYERANDTHE COURTS

CANON 10 A Lawyer owes candor, fairness and good faith to the court.

Rule 10.01 A lawyer shall not do any falsehood, nor consent to thedoing of any in court; nor shall he mislead or allow the court to bemislead by any artifice.Rule 10.02 A lawyer shall not knowingly misquote or misrepresentthe contents of the paper, the language or the argument of opposingcounsel, or the text of a decision of authority, or knowingly cite aslaw a provision already rendered inoperative by repeal oramendment, or assert as a fact that which has not been approved.Rule 10.03 A lawyer shall observe the rules of procedure and shall

not misuse them to defeat the ends of justice.

Judge-lawyer relationship: based on independence and self-respect.

Lawyers duty to the court:a. respect and loyaltyb. fairness, truth and candorc. no attempt to influence courts

Cases of falsehood:a. stating in the Deed of Sale that property is free from all liens and encumbrances

when not sob. encashing check payable to a deceased cousin by signing the latters name on

the check

c. falsifying a power of attorney and using it in collecting the money due to theprincipal

d. alleging in one pleading that the clients were mere lessees and in anotherpleading that the same clients were owners

e. presenting falsified documents in court which he knows to be falsef. filing false charges on groundless suitsg. using in pleadings the IBP number of another lawyerh. unsolicited appearancesi. use of fictitious residence certificate

j. misquotation/misrepresentationk. citing a repealed or amended provisionl. asserting a fact not proved

m. verbatim reproductions down to the last word and punctuation markn. slight typo mistake: not sufficient to place him in contempt

CANON 11 A lawyer shall observe and maintain the respect due to thecourts and to judicial officers and should insist on similar conduct byothers.

Rule 11.01 A lawyer shall appear in court properly attired.

A lawyer may NOT wear outlandish or colorful clothing to court. As an officer of the court and in order to maintain the dignity and respectability of the

legal profession, a lawyer who appears in court must be properly attired.Consequently, the court can hold a lawyer IN CONTEMPT of court if he does notappear in proper attire. Any deviation from the commonly accepted norm of dressingin court (barong or tie, not both) is enough to warrant a citing for contempt.


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Rule 11.02 A lawyer shall punctually appear at court hearings.

Rule 11.03 A lawyer shall abstain from scandalous, offensive, ormenacing language or behavior before the courts.Rule 11.04 A lawyer shall not attribute to a judge motives notsupported by the record or having no materiality to the case.Rule 11.05 A lawyer shall submit grievances against a judge to theproper authorities already.

A lawyer is an officer of the court. He occupies a quasi-judicial office with a tripartiteobligation to the courts, to the public and to his clients.

The public duties of the attorney take precedence over his private duties. His firstduty is to the courts. Where duties to the courts conflict with his duties to his clients,the latter must yield to the former.

Lawyers must be respectful not only in actions but also in the use of languagewhether in oral arguments or in pleadings.

Must exert efforts that others (including clients, witnesses) shall deal with the courtsand judicial officers with respect.

Obedience to court orders and processes.

Criticisms of courts must not spill the walls of decency. There is a wide differencebetween fair criticism and abuse and slander of courts and judges. Intemperate andunfair criticism is a gross violation of the duty to respect the courts. It amounts tomisconduct which subjects the lawyer to disciplinary action.

A mere disclaimer of any intentional disrespect by appellant is not a ground forexoneration. His intent must be determined by a fair interpretation of the languagesemployed by him. He cannot escape responsibility by claiming that his words did not

mean what any reader must have understood them to mean. Lawyer can demand that the misbehavior of a judge be put on record.

Lawyers must be courageous enough to expose arbitrariness and injustice of courtsand judges.

A lawyer may submit grievances against judges in the Supreme Court, Ombudsman,or Congress (for impeachment of SC judges only).

CANON 12 A lawyer shall exert every effort and consider it his duty toassist in the speedy and efficient administration of justice.

Rule 12.01 A lawyer shall not appear for trial unless he hasadequately prepared himself with the law and the facts of his case,

the evidence he will adduce and the order of its preference. Heshould also be ready with the original documents for comparisonwith the copies.

Newly hired counsel: must acquaint himself with all the antecedent proceedings andprocesses that have transpired in the record prior to his takeover.

If presenting documentary exhibits, he must be ready with the originals for thepurpose of comparison with copies thereof.

Rule 12.02 A lawyer shall not file multiple actions arising from thesame cause.

Forum shopping omission to disclose pendency of appeal or prior dismissal of hiscase by a court of concurrent jurisdiction.

Forum shopping exists when as a result of an adverse opinion in one forum:a.a party seeks favorable opinion (other than by appeal or certiorari) in another; or


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b.

when he institutes two or more actions or proceedings grounded on the samecause, on the gamble that one or the other would make a favorable disposition

(Benguet Electric Corp. vs. Flores, 287 SCRA 449, March 12, 1998).

The most important factor in determining the existence of forum-shopping is theVEXATION caused the courts and party-litigants by a party who asks different courtsto rule on the same related causes, asking the same relief.

Forum shopping constitutes DIRECT CONTEMPT of court and may subject theoffending lawyer to disciplinary action.

Rule 12.03 A lawyer shall not, after obtaining extensions of time tofile pleadings, memoranda or briefs, let the period lapse withoutsubmitting the same or offering an explanation for his failure to do

so.

Asking for extension of time must be in good faith.

Rule 12.04 A lawyer shall not unduly delay a case, impede theexecution of a judgment or misuse court processes.Rule 12.05 A lawyer shall refrain from talking to his witness duringa break or recess in the trial, while the witness is still underexamination.Rule 12.06 A lawyer shall not knowingly assist a witness tomisrepresent himself or to impersonate another.Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness

nor needlessly inconvenience him.

Rights and obligations of a witness - a witness must answer questions,although his answer may tend to establish a claim against him. However, it is theright of a witness:

1. to be protected from irrelevant, improper, or insulting questions andfrom harsh or insulting demeanor;

2. not to be detained longer than the interest of justice requires;3. not to be examined except only as to matters pertinent to the issue;4. not to give any answer which will tend to subject him to a penalty for

an offense unless otherwise provided by law, or5. nor to give answer which will tend to degrade his reputation, unless it

be to the very fact at issue or to a fact from which the fact in issuewould be presumed. But a witness must answer to the fact of hisprevious final conviction for an offense. (Rule 132, Sec. 3, RRC)

Rule 12.08 A lawyer shall avoid testifying in behalf of his client,except:

a. on formal matters, such as the mailing, authentication or custody of an instrument and the like:b. on substantial matters, in cases where his testimony isessential to the ends of justice, in which event he must, during histestimony, entrust the trial of the case to another counsel.

CANON 13 A lawyer shall rely upon the merits of his cause and refrainfrom any impropriety which tends to influence, or gives the appearance ofinfluencing the court.

Rule 13.01 A lawyer shall not extend extraordinary attention orhospitality to, nor seek opportunity for, cultivating familiarity with

judges.


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Rule 13.02 A lawyer shall not make public statements in the mediaregarding a pending case tending to arouse public opinion for oragainst a party.

Rule 13.03 A lawyer shall not brook or invite interference byanother branch or agency of the government in the normal course of

judicial proceedings.

The judge has the corresponding duty not to convey or permit others to convey theimpression that they are in a special position to influence the judge.

Discussing cases with the judge privately should be avoided.

Test when public statement is contemptuous: The character of the act done and itsdirect tendency to prevent and obstruct the discharge of official duty.

To warrant a finding of prejudicial publicity, there must be an allegation and proofthat the judges have been unduly influenced, not simply that they might be, by the

barrage of publicity. Lawyer is equally guilty as the client if he induces the latter to cause the publicity.

CHAPTER IVTHE LAWYERANDTHE CLIENT

CANON 14 A Lawyer shall not refuse his services to the needy.

Rule 14.01 A lawyer shall not decline to represent a person solelyon account of the latters race, sex, creed or status of life, or

because of his own opinion regarding the guilt of said person.Rule 14.02 A lawyer shall not decline, except for serious andsufficient cause, an appointment as counsel de oficio or as amicuscurae or a request from the Integrated Bar of the Philippines or anyof its chapters for rendition of free legal aid.Rule 14.03 A lawyer may refuse to accept representation of a clientif:

a. He is not in position to carry out the work effectivelyand competently.b. He labors under conflict of interest between him andthe prospective client or between a present client and theprospective client.

Rule 14.04 A lawyer who accepts the cause of a person unable topay his professional fees shall observe the same standard ofconduct governing his relations with paying clients.

Duties to Client:a. owe utmost learning and abilityb. maintain inviolate the confidence of the clientc. disclose all circumstances/interest regarding the controversyd. undivided loyaltye. not reject cause of defenseless and oppressedf. candor, fairness and loyaltyg. hold in trust money or property

h. respond with zeal to the cause of the client

Appointment ofAmicus Curaea. by application to the judgeb. the judge on his own initiative may invite the lawyerc. no right to interfere with or control the condition of the record, no control over the

suit

Cannot refuse on the ground of insufficient of compensation or lack of it


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CANON 15 A lawyer shall observe candor, fairness and loyalty in all hisdealings and transactions with his client.

Rule 15.01 A lawyer in conferring with a prospective client, shallascertain as soon as practicable whether the matter would involve aconflict with another client or his own interest, and if so, shallforthwith inform the prospective client.Rule 15.02 A lawyer shall be bound by the rule on privilegecommunication in respect of matters disclosed to him by aprospective client.

Rule on Revealing Client's Identity General Rule: A lawyer may not invoke privilege communication to refuse revealing

a clients identity. (Regala vs. Sandiganbayan, 262 SCRA 122, September 20, 1996)

Exceptions:1. When by divulging such identity, it would implicate the client to that samecontroversy for which the lawyer's services were required.2. It would open client to civil liability3. The disclosure of such identity will provide for the only link in order to convictthe accused, otherwise, the government has no case.

Requisites of Privileged Communication:a. Atty.-client relationship (or a kind of consultancy relationship with a prospective

clientb. Communication made by client to lawyer in the course of lawyers professional

employmentc. Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules ofCourt)

When communication is not privileged:a. after pleading has been filedb. communication intended by the client to be sent to a third person through his

counsel (it loses its confidential character as soon as it reaches the hands of thirdperson)

Even if the communication is unprivileged, the rule of ethics prohibits him fromvoluntarily revealing or using to his benefit or to that of a third person, to thedisadvantage of the client, the said communication unless the client consents

thereto. This is applicable to students under the Student Practice Law Program

Rule 15.03 A lawyer shall not represent conflicting interests exceptby written consent of all concerned given after a full disclosure ofthe facts.

Rule on Conflicting InterestIt is generally the rule based on sound public policy that an attorney

cannot represent adverse interest. It is highly improper to represent both sides ofan issue. The proscription against representation of conflicting interest findsapplication where the conflicting interest arises with respect to the same general

matter and is applicable however slight such adverse interest may be. It appliesalthough the attorney's intention and motives were honest and he acted in goodfaith. However, representation of conflicting interest may be allowed where theparties consent to the representation after full disclosure of facts. (Nakpil vs.Valdez, 286 SCRA 758).


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General Rule:An attorney cannot represent adverse interest. Exception: Where the parties consent to the representation after full

disclosure of facts. The TEST in determining Conflicting Interest: The test is whether or not theacceptance of a new relation will prevent an attorney from the full discharge ofhis duty of individual fidelity and loyalty to his client or invite suspicion ofunfaithfulness in double-dealing in the performance thereof.(Tiana vs. Ocampo)

Rule 15.04 A lawyer may, with the written consent of all concerned,act as mediator, conciliator or arbitrator in settling disputes.Rule 15.05 A lawyer, when advising his client, shall give a candidand honest opinion on the merits and probable results of the clientscase, neither overstating nor understating the prospects of the case.Rule 15.06 - A lawyer shall not state nor imply that he is able toinfluence any public official, tribunal or legislative body.Rule 15.07 A lawyer shall impress upon his client compliance withthe laws and the principles of fairness.Rule 15.08 A lawyer who is engaged in another profession oroccupation concurrently with the practice of law shall make clear tohis client whether he is acting as a lawyer or in another capacity.

Lawyers should refrain from giving any advice unless they have obtained sufficientunderstanding of their clients cause. A careful investigation and examination of thefacts must first be had before any legal opinion be given by the lawyer to the client.

To avoid breach of legal ethics, a lawyer should keep any business, in which isengaged in concurrently with the practice of law, entirely separate and apart from thelatter.

CANON 16 A lawyer shall hold in trust all moneys and properties of hisclient that may come into his possession.

Rule 16.01 A lawyer shall account for all money or propertycollected or received for or from the client.Rule 16.02 A lawyer shall keep the funds of each client separateand apart from his own and those of others kept by him.Rule 16.03 A lawyer shall deliver the funds and property of hisclient when due or upon demand. However, he shall have a lien overthe funds and may apply so much thereof as may be necessary tosatisfy his lawful fees and disbursements, giving notice promptlythereafter to his client. He shall also have a lien to the same extenton all judgments and executions he has secured for his client asprovided for the Rules of Court.

Attorneys Liens - an attorney shall have a lien upon the funds,documents and papers of his client which have lawfully come into his possessionand may retain the same until his lawful fees and disbursements have been paid,and may apply such finds to the satisfaction thereof. He shall also have a lien tothe same extent upon all judgements for the payment of money, and executionsissued in pursuance of such judgements which he has secured in a litigation ofhis client, from and after the time when he shall have caused a statement of hisclaim of such lien to be entered upon the records of the court rendering such

judgement, or issuing such execution, and shall have caused written noticethereof to be delivered to his client and to the adverse party; and he shall havethe same right and power over such judgments and executions as his clientwould have to enforce his lien and secure the payment of his fees anddisbursements. (Sec, 37, Rule 138, RRC)


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Rule 16.04 A lawyer shall not borrow money from his client unlessthe clients interests are fully protected by the nature of the case orby independent advice. Neither shall a lawyer lend money to a client

except, when in the interest of justice, he has to advance necessaryexpenses in the legal matter he is handling for the client.

Attorneys lien is not an excuse for non-rendition of accounting

Cannot disburse clients money to clients creditors without authority.

Failure to deliver upon demand gives rise to the presumption that he hasmisappropriated the funds for his own use to the prejudice of the client and inviolation of the trust reposed in him.

Notify client if retaining lien shall be implemented

When a lawyer enforces a charging lien against his client, the client-lawyerrelationship is terminated.

The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his

influence over the client or to avoid acquiring a financial interest in the outcome ofthe case.

CANON 17 A lawyer owes fidelity to the cause of his client and he shallbe mindful of the trust and confidence reposed in him.

No fear of judicial disfavor or public popularity should restrain him from full dischargeof his duty.

It is the duty of the lawyer at the time of retainer to disclose to the client all thecircumstances of his relations to the parties and any interest in, or connection with,the controversy which might influence the client in the selection of counsel.

The lawyer owes loyalty to his client even after the relation of attorney and client has

terminated. It is not good practice to permit him afterwards to defend in another caseother persons against his former client under the pretext that the case is distinct fromand independent of the former case.

CANON 18 A lawyer shall serve his client with competence and diligence.

Rule 18.01 A lawyer shall not undertake a legal service which heknows or should know that he is not qualified to render. However,he may render such service if, with the consent of his client, he canobtain as collaborating counsel a lawyer who is competent on thematter.Rule 18.02 A lawyer shall not handle any legal matter without

adequate preparation.Rule 18.03 A lawyer shall not neglect a legal matter entrusted tohim and his negligence in connection therewith shall render himliable.Rule 18.04 A lawyer shall keep the client informed of the status ofhis case and shall respond within a reasonable time to the clientsrequest for information.

Competence: sufficiency of lawyers qualification to deal with the matter in questionand includes knowledge and skill and the ability to use them effectively in the interestof the client.

A lawyer must keep himself constantly abreast with the trend of authoritative

pronouncements and developments in all branches of law. There must be extraordinary diligence in prosecution or defense of his clients cause.

If a lawyer errs like any other human being, he is not answerable for every error ormistake, and will be protected as long as he acts honestly and in good faith to thebest of his skill and knowledge.

Lawyer is not an insurer of the result in a case where he is engaged in the counsel.


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CANON 19 A lawyer shall represent his client with zeal within the boundsof the law.

Rule 19.01 A lawyer shall employ only fair and honest means toattain the lawful objectives of his client and shall not present,participate in presenting or threaten to present unfounded criminalcharges to obtain an improper advantage in any case or proceeding.Rule 19.02 A lawyer who has received information that his clienthas, in the course of the representation, perpetuated a fraud upon aperson or tribunal, shall promptly call upon the client to rectify thesame, and failing which he ha to terminate the relationship withsuch client in accordance with the Rules of Court.Rule 19.03 A lawyer shall not allow his client to dictate theprocedure in handling the case.

General Rule: Negligence binds clientException: Reckless imprudence (deprives client of due process)

Results in outright deprivation of ones property through technicality

Must not present in evidence any document known to be false; nor present a falsewitness.

Negative pregnant is improper since it is an ambiguous pleading (improper if in badfaith and the purpose is to confuse the other party)In defense: present every defense the law permits.

Lawyer should do his best efforts to restrain and to prevent his clients fromperpetrating acts which he himself ought not to do. Or else, withdraw. But lawyershall not volunteer the information about the clients commission of fraud to anyone counter to duty to maintain clients confidence and secrets.

CANON 20 A lawyer shall charge only fair and reasonable fees.

Rule 20.01 A lawyer shall be guided by the following factors indetermining his fees:

a. The time spent and the extent of the services renderedor required.b. The novelty and difficulty of the questions involved;c. The importance of the subject matter;d. The skill demanded;e. The probability of losing other employment as a resultof acceptance of the proffered case;

f. The customary charges for similar services and theschedule of fees of the IBP chapter to which he belongs;g. The amount involved in the controversy and thebenefits resulting to the client from the services;h. The contingency or certainty of compensation;i. The character of the employment, whether occasionalor established; and

j. The professional standing of the lawyer.

Kinds of Payment which may be stipulated upon:a. a fixed or absolute fee which is payable regardless of the result of the caseb. a contingent fee that is conditioned to the securing of a favorable judgment

and recovery of money or property and the amount of which may be on apercentage basis

c. a fixed fee payable per appearanced. a fixed fee computed by the number of hours spente. a fixed fee based on a piece of work


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Attorney's Feesa. Ordinary attorney's fee -the reasonable compensation paid to a lawyer by his

client for the legal services he has rendered to the latter. The basis for this

compensation is the fact of his employment by and his agreement with theclient.b. Extraordinary attorney's fee - an indemnity for damages ordered by the court

to be paid by the losing party in litigation. The basis for this is any of thecases provided for by law where such award can be made, such as thoseauthorized in Article 2208 of the Civil Code, and is payable NOT to the lawyerbut to the client, unless they have agreed that the award shall pertain to thelawyer as additional compensation or as part thereof.

How attorney's fees may be claimed by the lawyer:1. It may be asserted either in the very action in which the services of a lawyer had

been rendered or in a separate action.

2. A petition for attorney's fees may be filed before the judgment in favor of the client issatisfied or the proceeds thereof delivered to the client.3. The determination as to the propriety of the fees or as to the amount thereof will

have to be held in abeyance until the main case from which the lawyer's claim forattorney's fees may arise has become final. Otherwise, the determination of thecourts will be premature.

Kinds of Retainer Agreements on Attorneys fees:a. General RetainerorRetaining Fee it is the fee paid to a lawyer to secure

his future services as general counsel for any ordinary legal problem that mayarise in the ordinary business of the client and referred to him for legal action;

b. Special Retainer - that is a fee for a specific case or service rendered by the

lawyer for a client

Quantum Meruit - it means "as much as he deserves", and is used as the basis fordetermining the lawyer's professional fees in the absence of a contract, butrecoverable by him from his client.

Quantum Meruitis resorted to where:a. there is no express contract for payment of attorneys fees agreed upon

between the lawyer and the client;b. when although there is a formal contract for attorneys fees, the stipulated

fees are found unconscionable or unreasonable by the court.c. When the contract for attorneys fees is void due to purely formal matters or

defects of executiond. When the counsel, for justifiable cause, was not able to finish the case to its

conclusione. When lawyer and client disregard the contract for attorneys fees.

Skill: length of practice is not a safe criterion of professional ability.

Rule 20.02 A lawyer shall, in cases of referral, with the consent ofthe client, be entitled to a division of fees in proportion to the workperformed and responsibility assumed.Rule 20.03 A lawyer shall not, without the full knowledge andconsent of the client, accept any fee, reward, costs, commission,interest, rebate or forwarding allowance or other compensationwhatsoever related to his professional employment from anyoneother than the client.Rule 20.04 A lawyer shall avoid controversies with clientsconcerning his compensation and shall resort to judicial action onlyto prevent imposition, injustice or fraud.


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Unauthorized counsel: Not entitled to attorneys fees.

Stipulation regarding payments of attorneys fees is not illegal/immoral and isenforceable as the law between the parties provided such stipulation does not

contravene law, good morals, etc. When counsel cannot recover full amount despite written contract for attorneys fees:

a. When he withdraws before the case is finishedb. justified dismissal of attorney (payment: in quantum meruitonly)

The reason for the award of attorneys fees must be stated in the text of the decision;otherwise, if it is stated only in the dispositive portion of the decision, the same mustbe disallowed on appeal.

Even though the interest or property involved is of considerable value, if the legalservices rendered do not call for much efforts there is no justification for the award ofhigh fees.

Champertous Contracts (void) Lawyer stipulates with his client that in theprosecution of the case, he will bear all the expenses for the recovery of things or

property being claimed by the client and the latter agrees to pay the former a portionof the thing/property recovered as compensation.

Compensation to an attorney for merely recommending another lawyer is improper(agents)

Attorneys fees for legal services shared or divided to non-lawyer is prohibited.Division of fees is only for division of service or responsibility.

A lawyer should try to settle amicably any differences on the subject. A lawyer has 2options. Judicial action to recover attorneys fees:

a. In same case: Enforce attorneys fees by filing an appropriate motion orpetition as an incident to the main action where he rendered legal services.

b. In a separate civil action.

CANON 21 A lawyer shall preserve the confidences and secrets of hisclient even after the attorney-client relation is terminated.

Confidence refers to information protected by the attorney-client privilege (RRC) Secret refers to other information gained in the professional relationship that the

client has regulated to be held inviolate or the disclosure of which would beembarrassing or would likely be detrimental to the client.

An attorney cannot, without the consent of his client, be examined as to anycommunication made by the client to him, or his advice given thereon in the courseof professional employment; nor can an attorneys secretary, stenographer, or clerkbe examined, without the consent of the client and his employees, concerning anyfact the knowledge of which has been acquired in such capacity (Rule 130, Sec. 21

(b), RRC) The mere establishment of a client-lawyer relationship does not raise a presumption

of confidentiality. There must be an intent or that the communication relayed by theclient to the lawyer be treated as confidential.

Rule 21.01 A lawyer shall not reveal the confidences or secrets ofhis client except:

a. When authorized by the client after acquainting himof the consequences of the disclosure:b. When required by law;c. When necessary to collect his fees or to defendhimself, his employees or associates or by judicial action.


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When properly authorized after having been fully informed of the consequences toreveal his confidences/secrets, then there is a valid waiver.

Art. 209. Betrayal of Trust by an Attorney or Solicitor. Revelation of secrets. Inaddition to the proper administrative action, the penalty ofprision correccional in itsminimum period, or a fine ranging from P200 to P1000, or both, shall be imposedupon any attorney at law or solicitor who, by any malicious break of professional dutyas inexcusable negligence or ignorance, shall prejudice his client, or reveal any ofthe secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney at law or solicitor who,having undertaken the defense of a client, or having received confidential informationfrom said client in a case, shall undertake the defense of the opposing party in thesame case, without the consent of his first client (Rule 209, RPC)

General Rule: Obligation to keep secrets covers only lawful purposes

Exceptions:a. announcements of intention of a client to commit a crimeb. client jumped bail and lawyer knows his whereabouts; or client is living

somewhere under an assumed namec. communication involves the commission of future fraud or crime but

crimes/frauds already committed falls within the privilege.

Rule 21.02 A lawyer shall not, to the disadvantage of his client,use information acquired in the course of employment, nor shall heuse the same to his own advantage or that of a third person, unlessthe client with full knowledge of the circumstances consentsthereto.

Rule 21.03 A lawyer shall not, without the written consent of hisclient, give information from his files to an outside agency seekingsuch information for auditing, statistical, bookkeeping, accounting,data processing, or any other similar purposes.Rule 21.04 A lawyer may disclose the affairs of a client of the firmto partners or associates thereof unless prohibited by the client.Rule 21.05 A lawyer shall adopt such measures as may berequired to prevent those whose services are utilized by him, fromdisclosing or using confidences or secrets of the client.Rule 21.06 A lawyer shall avoid indiscreet conversation about aclients affairs even with members of his family.Rule 21.07 A lawyer shall not reveal that he has been consulted

about a particular case except to avoid possible conflict of interest.

Avoid committing calculated indiscretion accidental revelation of secrets obtainedin his professional employment.

Prohibition applies, even if the prospective client did not thereafter actually engagethe lawyer.

CANON 22 A lawyer shall withdraw his services only for good cause andupon notice appropriate in the circumstances.

Rule 22.01 A lawyer may withdraw his services in any of thefollowing cases:

a. When the client pursues an illegal or immoral courseof conduct in connection with the matter he is handling;b. When the client insists that the lawyer pursueconduct violative of these canons and rules;c. When his inability to work with co-counsel will notpromote the best interest of the client;


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d. When the mental or physical condition of the lawyerrenders it difficult for him to carry out the employmenteffectively;

e. When the client deliberately fails to pay the fees forthe services or fails to comply with the retaineragreement;f. When the lawyer is elected or appointed to a publicoffice, andg. Other similar cases

Rule 22.02 A lawyer who withdraws or is discharged shall subjectto a retaining lien, immediately turn over all papers and property towhich the client is entitled, and shall cooperate with his successorin the orderly transfer of the matter, including all informationnecessary for the proper handling of the matter.

RETAINING LIEN CHARGING LIEN

1. NATURE Passive Lien: It cannot beactively enforced. It is a generallien

Active Lien: It can be enforced byexecution. It is a special lien.

2. BASIS Lawful possession of papers,documents, property belonging toclient.

Securing of a favorable moneyjudgment for the client.

3. COVERAGE Covers only papers, documentsand property in the lawfulpossession of the attorney by

reason of his professionalemployment

Covers all judgments for thepayment of money and executionsissued in pursuance of such

judgments.

4. WHEN LIENTAKESEFFECT

As soon as the attorney getspossession of the papersdocuments or property

As soon as the claim for attorneysfees had been entered into therecords of the case

5. NOTICE Client need not be notified tomake it effective

Client and adverse party must benotified to make it effective

6.APPLICABILITY

May be exercised before judgment or execution orregardless thereof.

Generally, it is exercisable onlywhen the attorney had alreadysecured a favorable judgment for hisclient

In withdrawal as counsel for a client, an attorney may only retire from a case eitherby written consent of his client or by permission of the court after due notice andhearing, in which event the attorney should see to it that the name of the newattorney is recorded in the case.

An attorney who could not get the written consent of his client must make anapplication to the court, for the relation does not terminate formally until there is awithdrawal of record. Counsel has no right to presume that the court would grand hiswithdrawal and therefore must still appear on the date of hearing.

Requirements for the Substitution of Counsel in a Case:a. written applicationb. written consent of client

c. written consent of attorney to be substitutedd. if the consent of the attorney to be substituted cannot be obtained, there mustbe at least a proof of notice that the motion for substitution has been servedupon him, in the manner prescribed by the rules.


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A lawyer cannot recover compensation from one who did not employ or authorize hisemployment, however valuable the results of his services may have been to such

person. In similar cases, no compensation when:a. client conducts himself in a manner which tends to degrade his attorney;b. client refuses to extend cooperation;c. client stops having contact with him.

The right of a client to terminate a lawyer is absolute. Such termination may be withor without cause.

LIABILITIESOF LAWYERS

Civil Liability

a. Client is prejudiced by lawyer's negligence or misconductb. Breach of fiduciary obligationc. Civil liability to third personsd. Libelous words in pleadings; violation of communication privilegee. Liability for costs of suit (treble costs) - when lawyer is made liable for

insisting on client's patently unmeritorious case or interposing appeal merelyto delay litigation

Criminal Liabilitya. Prejudicing client through malicious breach of professional dutyb. Revealing client's secretsc. Representing adverse interests

d. Introducing false evidencee. Misappropriating client's funds (estafa)

Contempt of Courta. Kinds of Contempt:

1. Direct - consists of misbehavior in the presence of or so near a courtor judge as to interrupt or obstruct the proceedings before the court orthe administration of justice; punished summarily.

2. Indirect - one committed away from the court involving disobedienceof or resistance to a lawful writ, process, order, judgment or commandof the court, or tending to belittle, degrade, obstruct, interrupt orembarrass the court.

3. Civil- failure to do something ordered by the court which is for thebenefit of a party.4. Criminal - any conduct directed against the authority or dignity of the

court.

b. Acts Constituting Contempt:1. Misbehavior2. Disobedience3. Publication concerning pending litigation4. Publication tending to degrade the court; disrespectful language inpleadings5. Misleading the court or obstructing justice

6. Unauthorized practice of law7. Belligerent attitude8. Unlawful retention of client's funds


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ADMINISTRATIVE LIABILITIESOFLAWYERS

Main Objectives of Disbarment and Suspension:

1. to compel the attorney to deal fairly and honestly with his clients;2. to remove from the profession a person whose misconduct has proved him

unfit to be entrusted with the duties and responsibilities belonging to the officeof an attorney;

3. to punish the lawyer;4. to set an example or a warning for the other members of the bar;5. to safeguard the administration of justice from incompetent and dishonest

lawyers;6. to protect the public

Characteristics of Disbarment Proceedings:

1. Neither a civil nor criminal proceedings;2. Double jeopardy cannot be availed of in a disbarment proceeding;3. It can be initiated motu propio by the SC or IBP. It can be initiated without a

complaint;4. It is imprescriptible;5. Conducted confidentially;6. It can proceed regardless of the interest of the lack thereof on the part of the

complainant;7. It constitutes due process.

Grounds for Disbarment or Suspension:1. deceit;

2. malpractice or other gross misconduct in office;3. grossly immoral conduct;4. conviction of a crime involving moral turpitude;5. violation of oath of office;6. willful disobedience of any lawful order of a superior court;7. corrupt or willful appearance as attorney for a party to case without authority

to do so (Sec. 27, Rule 138, RRC)

Procedure for Disbarmenta. Institution either by:

1. the Supreme Court, motu proprio, or2. the IBP, motu proprio, or

3. upon verified complaint by any personb. Six copies of the verified complaint shall be filed with the Secretary of the IBP

or Secretary of any of its chapter and shall be forwarded to the IBP Board ofGovernors.

c. Investigation by the National Grievance Investigators.d. Submission of investigative report to the IBP Board of Governors.e. Board of Governors decides within 30 days.f. Investigation by the Solicitor-Generalg. SC renders final decision for disbarment/suspension/dismissal.

Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY evidence.Burden of Proof:Rests on the COMPLAINANT, the one who instituted the suit

Officers authorized to investigate Disbarment cases:1. Supreme Court2. IBP through its Commission on Bar Discipline or authorized investigator3. Office of the Solicitor General


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Mitigating Circumstances in Disbarment:1. Good faith in the acquisition of a property of the client subject of litigation (In

re: Ruste, 70 Phil. 243)2. Inexperience of the lawyer(Munoz v. People, 53 SCRA 190)3. Age (Lantos v. Gan, 196 SCRA 16)4. Apology (Munoz v. People, 53 SCRA 190)5. Lack of Intention to slight or offend the Court (Rhum of the Philippines, Inc. v.

Ferrer, 20 SCRA 441).

SPECIAL DISABILITIESOF LAWYERS

The following persons are prohibited from acquiring property under

litigation by reason of the relation of trust or their peculiar control either directlyor indirectly and even at a public or judicial auction:1. guardians;2. agents3. administrators4. public officers and employees5. judicial officers and employees6. prosecuting attorneys and lawyers (Art 1491, NCC)7. those specially disqualified by law (Rubias vs. Batilles, 31 SCRA 120)

Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294)a. there must be an attorney-client relationshipb. the property or interest of the client must be in litigationc. the attorney takes part as counsel in the cased. the attorney by himself or through another purchases such property or

interest during the pendency of the litigation. General Rule: A lawyer may not purchase, even at a public or judicial auction, in

person or through the mediation of another, any property or interest involved in anylitigation in which he may take part by virtue of his profession. This prohibition isentirely independent of fraud and such need not be alleged or proven.

Effects:a. malpractice on the part of the lawyer and may be disciplined for misconductb. transaction is null and void

Exceptions:a. property is acquired by lawyer through a contingent fee arrangementb. any of the 4 elements of Art. 1491 is missing


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JUDICIAL ETHICS

Sources of Judicial Ethics:1. Code of Judicial Conduct2. Constitution (Art VIII, Art IX and Art III)3. New Civil Code (Articles 9, 20, 27, 32, 35, 739, 1491, 2005, 2035, 2046)4. Revised Rules of Court (Rules 71, 135, 137, 139B, 140)5. Revised Penal Code (Articles 204, 205, 206, 207)6. Anti-Graft and Corrupt Practices Act (RA 3019)7. Canons of Judicial Ethics (Adm. Order No. 162)8. Code of Professional Responsibility9. Judiciary Act of 1948 (RA 296)10. Judiciary Reorganization Act of 1930 (BP129)11. Supreme Court Decisions

12. Foreign Decisions13. Opinions of authorities14. Other Statutes15. SC Circulars

Court a board or other tribunal which decides a litigation or contest (Hidalgo v.Manglapus, 64 OG 3189)

Judge a public officer who, by virtue of his office, is clothed with judicial authority, apublic officer lawfully appointed to decide litigated questions in accordance with law.

De Jure Judge one who is exercising the office of judge as a matter of right; andofficer of a court who has been duly and legally appointed, qualified and whose termhas not expired.

De Facto Judge an officer who is not fully vested with all the powers and dutiesconceded to judges, but is exercising the office of a judge under some color of right.

Qualification of Supreme Court Members:1. Natural born citizen of the Philippines;2. At least 40 years of age;3. Must have been at least for 15 years, a judge of a lower court or engaged in

the practice of law (Sec 7(2), Art. VIII, 1987 Constitution).

CODEOF JUDICIAL CONDUCT

PREAMBLEAn honorable, competent and independent judiciary exists to administer justice and thus

promote the unity of the country, the stability of government, and the well being of thepeople.

CANON 1- A judge should uphold the integrity and independence of thejudiciary

Rule 1.01 A judge should be the embodiment of competence,integrity, and independence.Rule 1.02 A judge should administer justice impartially andwithout delay.

Rule 1.03 A judge should be vigilant against any attempt tosubvert the independence of the judiciary and resist any pressurefrom whatever source.


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Judges should avoid even the slightest infraction of the law.

Must be models of uprightness, fairness and honesty

Should not relax in his study of the law and court decisions. Should not be swayed by public clamor or considerations of personal popularity

Must decide motions without delay.

Should also appear impartial.

CANON 2 A judge should avoid impropriety and the appearance ofimpropriety in all activities

Rule 2.01 A judge should so behave at all times as to promotepublic confidence in the integrity and impartiality of the judiciary.Rule 2.02 A judge should not seek publicity for personal

vainglory.Rule 2.03 A judge shall not allow family, social, or otherrelationships to influence judicial conduct or judgment. Theprestige of judicial office shall not be used or lent to advance theprivate interests of others, nor convey or permit others to conveythe impression that they are in a special position to influence the

judge.Rule 2.04 A judge shall refrain from influencing in any manner theoutcome of litigation or dispute pending before another court ofadministrative agency.

A judge must be beyond suspicion. He has the duty not only to render a just and

impartial decision but also to render it in such a manner as to be free from anysuspicion as to its fairness and impartiality, and also as to his integrity.

Every litigant is entitled to nothing short of the cold neutrality of an independent,wholly free, disinterested and impartial tribunal.

A judge must be temperate in his language and must not lose his cool.

A judge is prohibited from making public statements in the media regarding apending case so as not to arouse public opinion for or against a party (violates thePrinciple of Subjudice)

Judges must not use or permit the use of any undignified/self-laudatory statementregarding their qualifications or legal services.

A judge must not allow anyone to ride on his prestige. He should not create theimpression that someone or some people are so close to him to enjoy his favor.

CANON 3 - A judge should perform official duties honestly, and withimpartiality and diligence

ADJUDICATIVE RESPONSIBILITIESRule 3.01 A judge shall be faithful to the law and maintainprofessional competence.

Judge should be conversant with the law and its amendments.

Rule 3.02 In every case, a judge shall endeavor diligently toascertain the facts and the applicable law unswayed by partisaninterest, public opinion or fear of criticism.

Finding of facts must be based not on the personal knowledge of the judge but uponthe evidence presented.


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If the personal view of the judge contradicts the applicable doctrine promulgated bythe Supreme Court, nonetheless, he should decide the case in accordance with that

doctrine and not in accordance with his personal views. He is however notprohibited from stating his own opinion on the matter if he wants to invite constructiveattention thereto.

Rule 3.03 A judge shall maintain order and proper decorum in thecourts.Rule 3.04 A judge should be patient, attentive, and courteous tolawyers, especially the inexperienced, to litigants, witnesses, andothers appearing before the court. A judge should avoidunconsciously falling into the attitude of mind that the litigants aremade for the courts, instead of the courts for the litigants.

Conduct of trial must not be attended with fanfare and publicity; not permit pictures orbroadcasting.

Must use temperate language; should not make insulting remarks.

Rule 3.05 A judge shall dispose of the courts business promptlyand decide cases within the required periods.Rule 3.06 While a judge may, to promote justice, prevent waste oftime or clear up some obscurity, properly intervene in thepresentation of evidence during the trial, it should always be bornein mind that undue interference may prevent the properpresentation of the cause of the ascertainment of the truth.Rule 3.07 A judge should abstain from making public comments

on any pending or impending case and should require similarrestraint on the part of court personnel.

Judge should take notes and rely on transcripts.

Judge is not excused if stenographer is overloaded. He is excused for delay ongrounds of multifarious motions; appellate court enjoins judge from furtherproceeding; heavy caseload.

ADMINISTRATIVE RESPONSIBILITIESRule 3.08 A judge should diligently discharge administrativeresponsibilities, maintain professional competence in courtmanagements, and facilitate the performance of the administrative

functions of other judges and court personnel.Rule 3.09 A judge should organize and supervise the courtpersonnel to ensure the prompt and efficient dispatch of business,and require at all times the observance of high standards of publicservice and fidelity.Rule 3.10 A judge should take or inititate appropriate disciplinarymeasures against lawyers or court personnel for unprofessionalconduct of which the judge may have become aware.Rule 3.11 A judge should appoint commissioners, receivers,trustees, guardians, administrators and others strictly on the basisof merit and qualifications, avoiding nepotism, and favoritism.Unless otherwise allowed by law, the same criteria should be

observed in recommending appointment of court personnel. Wherethe payment of compensation is allowed, it should be reasonableand commensurate with the fair value of services rendered.

Ascertain that the records of all cases are properly kept and managed.

Maintain a checklist on the cases submitted for decision with a view to know exactlythe specific deadlines for the resolution/decision of the said cases.

Loss of records: gross negligence


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Should be a good manager.

May not summarily suspend a lawyer for indirect contempt.

Judge has the power to appoint, but the power to dismiss court employees is vestedin the Supreme Court.

If knowingly nominate or appoint to any public office any person lacking the legalqualification therefor, shall be guilty of unlawful appointment punishable withimprisonment and fine (Art 244, RPC).

DISQUALIFICATIONSRule 3.12 A judge should take no part in proceeding where the

judges impartiality might reasonably be questioned. These casesinclude, among others, proceedings where;

a. the judge has personal knowledge of disputed evidentiary factsconcerning the proceeding;

b. the judge served as executor, administrator, guardian, trustee orlawyer in the case or matters in controversy, or a former associate of the

judge served as counsel during their association, or the judge or lawyerwas a material witness therein;c. the judges ruling in a lower court is subject of reviewd. the judge is related by consanguinity or affinity to a party litigantwithin the 6th degree or to counsel within the 4th degree;e. the judge knows that the judges spouse or child has a financialinterest, as heir, legatee, creditor, fiduciary, or otherwise, in the subjectmatter in controversy or in a party to the proceeding, or any other interestthat could be substantially affected by the outcome of the proceeding.

In every instance the judge shall indicate the legal reason for

inhibition.

Petition to disqualify judge must be filed before rendition of judgment by the judge;cant be raised first time on appeal.

If a judge denies petition for disqualification, the ultimate test: is whether or not thecomplaint was deprived of a fair and impartial trial. Remedy: seek new trial.

REMITTAL OF DISQUALIFICATIONRule 3.13 A judge disqualified by the terms of Rule 3.12 may,instead of withdrawing from the proceeding, disclose on the recordthe basis of disqualification. If, based on such disclosure, theparties and lawyers independently of the judges participation, all

agree in writing that the reason for the inhibition is immaterial orinsubstantial, the judge may then participate in the proceeding.The agreement, signed by all parties and lawyers, shall beincorporated in the record of the proceeding.

CANON 4 A judge may, with due regard to official duties, engage inactivities to improve the law, the legal system and the administration of

justice.


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Rule 4.01 A judge may, to the extent that the following activitiesdo not impair the performance of judicial duties or case doubt on

the judges impartiality:a. speak, write, lecture, teach or participate in activities concerningthe law, the legal system and the administration of justice;b. appear at a public hearing before a legislative or executive body onmatters concerning the law, the legal system or the administration of

justice and otherwise consult with them on matters concerning theadministration of justice;c. serve on any organization devoted to the improvement of the law,the legal system or the administration of justice.

Decision to engage in these activities depends upon the sound judgement of thejudge.

If has not enough time to spare (such as when caseload is too heavy) prudencedictates, he must concentrate on his judicial duties.

If a judge has time to spare, the best attitude to take is to participate in activitieswhich are closely related to the performance of his duties and which do not consumemuch of his time and energy.

CANON 5 A judge should regulate extra-judicial activities to minimize therisk of conflict with judicial activities.

VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIESRule 5.01 A judge may engage in the following activities provided

that they do not interfere with the performance of judicial duties ordetract from the dignity of the courts:a. write, lecture, teach and speak on non-legal subjects;b. engage in the arts, sports, and other special recreational activities;c. participate in civic and charitable activities;d. serve as an officer, director, trustee, or non-legal advisor of a non-pr

Ateneo Legal Ethics Memory Aid 2001

Documents

Transcript of Ateneo Legal Ethics Memory Aid 2001