Legal Ethics} Notes of Rene Callanta} Made 1999 (Est)} 99 Pages

LEGAL & JUDICIAL ETHICS REVIEWER

BY: RENE CALLANTALAWYER’S OATH:“I, _______________________, do solemnly swear that I will maintainallegiance to the Republic of the Philippines; I will support its Constitutionand obey the laws as 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 nor willfully promote or sue any groundless,false or unlawful suit; or give aid nor consent to the same; I will delay noman for money or malice, and will conduct myself as a lawyer according tothe best of my knowledge and discretion, with all good fidelity as well as tothe court as to my clients; and I impose or purpose of evasion. So help meGod.”

* Memorize this and think that you will take this oath after the Bar and it shall be so.

(Sabi ng mga pumasa na ng BAR dito lang daw sa LAWYER’S OATH umiikot ang mga tanongsa LEGAL ETHICS)

Nature of a Lawyer’s Oath:

►

The lawyer’s oath is not a mere formality recited for a few minutes in the glare of flashingcameras and before the presence of select witness.

(In re: Arthur M. Cuevas, Jr. 285 SCRA 59, January 27. 1998).

►

The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must beupheld and kept inviolable.

(Sebastian v. Calis, Adm. Case No. 5118, Sept. 9, 1999)

Duties of Attorneys:

a.to maintain allegiance to the Republic of the Philippines and to support theConstitution and obey the laws of the Philippines;b.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 to him as just,and such defenses only as he believes to be honestly debatable under the laws;d.to employ, for the purpose of maintaining the causes confided to him, suchmeans as only as are consistent with truth and honor, and never seek to misleadthe judge as any judicial officer by an artifice or false statement of fact or law;e.to maintain inviolate the confidence, and at every peril to himself, to preserve thesecrets of his client, and to accept no compensation in connection with hisclient’s business except from him or with his knowledge and approval;f.to abstain from all offensive personality and to advance no fact prejudicial to thehonor or reputation of a party or witness, unless required by the justice of thecause with which he is charged;g.not to encourage either in the commencement or the continuance of an action 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 of thedefenseless or oppressed;i.in the defense of a person accused of a crime, by all fair and honorable means,regardless of his personal opinion as to the guilt of the accused, to present every

defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

PRELIMINARIES

LEGAL ETHICS –

It is a branch of moral science which treats of the duties which anattorney owes to the court, to his client, to his colleagues in the profession and to the public asembodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canonsof Professional Ethics, jurisprudence, moral laws and special laws.

Original Bases of Legal Ethics

1.Canons of Professional Ethics2.Supreme Court Decisions3.Statistics4.Constitution5.Treaties and Publications

Present Basis of Philippine Legal Ethics –

The

Code of Professional Responsibility

. Itis the embodiment into the code of the various pertinent and subsisting rules, guidelines andstandards on the rule of conduct of lawyers which must be observed by all members of the Bar inthe exercise of his profession whether in or out of Court as well as in their public and private lives.

TERMS TO REMEMBER

BAR

vs.

BENCH

Refers to the whole body of attorneys and counselors,collectively, the members of the legal professionDenotes the whole body of judges

Practice of Law -

- Any activity, in or out of court, which requires the application of law, legalprocedure, knowledge, training and experience. To engage in the practice of law is to give noticeor render any kind of service, which device or service requires the use in any degree of legalknowledge or skill

(Cayetano v. Monsod, 201 SCRA 210).

Bar Admission –

act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction(Black Law Dictionary Sixth Edition, p.149).

Lawyer –

This is the general term for a person trained in the law and authorized to advise or represent others in legal matters.

Trial Lawyer –

A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients.

Practising Lawyer –

One engaged in the practice of law. All trial lawyers are practicing lawyers,but not all practicing lawyers are trial lawyers.

Client –

One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee.

Attorney-at-Law/Counselor-at-law/lawyer/attorney/counsel/abogado/boceros –

that class of persons who are by license officers of the courts, empowered to appear, prosecute and defend,and upon whom peculiar duties, responsibilities and liabilities are developed by law as aconsequence

(Cui v. Cui, 120 Phil. 729).

Attorney-in-fact –

an agent whose authority is strictly limited by the instrument appointing him,though he may do things not mentioned in his appointment necessary to the performance of theduties specifically required of him by the power of attorney appointing him, such authority beingnecessarily implied. He is not necessary a lawyer.

Counsel

de officio -

a counsel, appointed or assigned by the court, from among members of theBar in good standing who, by reason of their experience and ability, may adequately defend theaccused.

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Note:

In localities where members of the Bar are not available, the court may appoint any person,resident of the province and of good repute for probity and ability, to defend the accused.

[Sec. 7 Rule 116, Rules of Court (1985)]

Attorney

ad hoc –

a person named and appointed by the court to defend an absentee defendantin the suit in which the appointment is made (

Bienvenu v. Factor’s Traders Insurance Corp., 33 La. Ann. 209)

Attorney of Record –

one who has filed a notice of appearance and who hence is formallymentioned in court records as the attorney of the party. Person whom the client has named as hisagent upon whom service of papers may be made.

(Reynolds v. Reynolds. Cal. 2d580).

Of Counsel –

to distinguish them from attorneys of record, associate attorneys are referred to as“of counsel”

(

5 Am. Jur. 261

)

Lead Counsel –

The counsel on their side of a litigated action who is charged with the principalmanagement and direction of a party’s case.

House Counsel –

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

Amicus curiae –

a friend of the court, not a party to the action; is an experienced and impartialattorney invited by the court to appear and help in the disposition of the issues submitted to it. Itimplies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong.

Amicus curiae par excellence –

bar associations who appear in court as amici curiae or friendsof the court. Acts merely as a consultant to guide the court in a doubtful question or issue pendingbefore it.

Bar Association –

an association of members of the legal profession.

Advocate –

The general and popular name for a lawyer who pleads on behalf of someone else.

Barrrister

(England)

–

a person entitled to practice law as an advocate or counsel in superior court.

Solicitor

(England) – A person prosecuting or defending suits in Courts of Chancery.

Solicitor

(Philippines) – A government lawyer attached with the Office of the Solicitor General.

Proctor

(England)

–

Formerly, an attorney in the admiralty and ecclesiastical courts whose dutiesand business correspond to those of an attorney at law or solicitor in Chancery.

Titulo de

Abogado –

it means not mere possession of the academic degree of Bachelor of Lawsbut membership of the Bar after due admission thereto, qualifying one for the practice of law.

Admission to the Practice of Law

In re Edillion 84 SCRA 568

The practice of law is not a property right but a mere privilege and as such must bow tothe inherent regulatory power of the Court to exact compliance with the lawyer’s publicresponsibilities.

The power of admission to the practice of law is vested by the Constitution in theSupreme Court.

ART. VIII, Sec. 5(5): The Supreme Court

shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement pf constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

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