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client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics: 1.Canons of Professional Ethics 2.Supreme court Decisions 3.Statistics 4.Constitution 5.Treatises and publications Present Basis of the Philippine Legal System: Code of Professional Responsibility. BAR V. BENCH BAR – Refers to the whole body of attorneys and body of judges. BENCH – denotes the whole body of counselors, collectively the members of the legal profession.
who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent 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 principal management 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. 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. Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court. Proctor (England) – Formerly, an attorney in the admiralty and
Practice of Law – any activity, in or out of court which requires the ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. application of law, legal procedure, knowledge, training and Titulo de Abogado – it means not mere possession of the academic experience. To engage in the practice of law is to give notice or degree of Bachelor of Laws but membership in the Bar after due render any kind of service, which or devise or service requires 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 of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence(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 the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer. Counsel de Oficio – a counsel, appointed or assigned by the court, admission thereto, qualifying one for the practice of law. Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides: Sec. 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under privileged. The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession.
The Bar Examination Committee: Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar. Note: In localities where members of the Bar are not available, the The 8 members act as examiners for the 8 bar subjects with one court may appoint any person, resident of the province and good subject assigned to each. repute for probity and ability, to defend the accused. Sec. 7, Rule The Bar Confidant acts as a sort of liason officer between the court 116, Rules of Court. and the Bar Chairman on the other hand, and the individual Attorney ad hoc – a person named and appointed by the court to members of the committee on the other. He is at the same time a defend an absentee defendant in the suit in which the appointment is deputy clerk of court. Admission of examinees is always subject to the final approval of made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 the court. La.Ann.209) from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Attorney of Record – one who has filed a notice of appearance and Practice of Law
8 (2nd par).civil law 2. have been filed or are pending in any court in the Philippines.public international law 5. to represent indigent clients. city and municipal mayors (R.The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. VIII Sec. 2. Sec. nor consent to the doing of any in court. 8. 2259.appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office.at least 21 years old 3. 4. RRC). 5. Sec.collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official.of good repute for probity and ability to aid the accused in his defense (Rule 116. 1998) Academic Requirements for Candidates: 1. 2.appear as counsel before any court in any civil case wherein a local government unit or any office.) 3. 1987 Constitution) 7. involving moral turpitude.Those prohibited by special law Public Officials with Restrictions in the Practice of Law: 1.Judges and other officials as employees of the Supreme Court (Rule 148.legal ethics Non-lawyers who may be authorized to appear in court: 1. a retired justice or judge receiving pension from the government. 2. non-lawyers may appear before the NLRC or any Labor Arbiter. their deputies and assistants (Art. 14 SCRA 109). 1. I will do no falsehood. they shall not: 1. members of the cabinet.political law 7. 6.use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. PO 442. IX. accepted by the Legal Clinic of the law school. RRC). 1987 Constitution) 6. in person OR through an agent or friend or appointed by him for that purpose (Sec.A.remedial law 4. 2. or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. 91)Sanggunian members may practice their professions provided that if they are members of the Bar.Cases before the MTC: Party to the litigation. (Tapucar vs. Sec. Sec.they represent themselves. I will not willingly nor wittingly promote or sue any groundless. 7160.Production before the supreme court satisfactory evidence of: 1. Rule 138. __________________. I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein. 14. as amended.Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may appoint a nonlawyer who is: 1. 7. Sec. 35. if 1. Sec. Public Officials who cannot engage in the private practice of Law in the Philippines: 1.taxation 10. 34. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals. good moral character is not only a condition precedent for admission to the legal profession. 5. Sec.Members of the Constitutional Commission (Art IX-A.Legal Aid Program – A senior law student.Ombudsman and his deputies (Art.Under RA 910. do solemnly swear that I will maintain allegiance to the Republic of the Philippines.Government prosecutors (People v.Officials and employees of the OSG (Ibid. Sec.) 3.resident of the province 2. cannot act as counsel in any civil case in which the Government.commercial law 3. VI. 90). false or .medial jurisprudence 9.Under the Cadastral Act.a bachelor’s degree in arts and sciences (pre-law course) 2. or if 2. 15.good moral character 2. 3.1. Requirement of Good Moral Character: a continuing requirement. agency. 1997). 1987 Constitution). The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. No. or instrumentality of the government is the adverse party. 4. Requirements for admission to the Bar: 1.private international law 6. 9). as amended).labor and social legislation 8.Under the Local Government Code (RA 7160.All governors. RRC) 2. 4. 1987 Constitution).Before any other court: Party to the litigation.Philippine resident 5. a non-lawyer can represent a claimant before the Cadastral Court (Act no. Villanueva. Attorney’s Oath: “I. but it must also remain intact in order to maintain one’s good standing in that exclusive and honored fraternity. Tapucar.a completed course in: 1. (In Re: Argosino. 3.of good moral character 4. who is enrolled in a recognized law school’s clinical education program approved by the supreme Court may appear before any court without compensation. as quasi-judicial and other administration bodies (Art.they represent their organization or members thereof (Art 222.citizen of the Philippines 2.no charges against him. Vice-President. in person (Ibid.Under the Labor code. Sec.President.
03 – A lawyer shall not. unless required by the justice of the cause with which he is charged. 9.abduction 6. modesty or good morals. Conviction for crimes involving moral turpitude – a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: 1.not to encourage either the commencement or the continuance of an action or proceeding. encourage any suit or proceeding or delay any man’s cause.This is a human standard based on natural moral law which is embodied in man’s conscience and which guides him to do good and avoid evil. honesty. or give aid nor consent to the same. flagrant. with all good fidelity as well to the court as to my clients. Moral Turpitude: any thing that is done contrary to justice.estafa 2. Narag.smuggling 7. Immoral Conduct: that conduct which is willful. Calis. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. by all fair and honorable means. modesty or good morals. So help me God. for the purpose of maintaining the causes confided to him. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit. dishonest. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. it is his burden/duty to advise the latter to acquiesce and submit. except in rare cases where the blood. such means only as are consistent with truth and honor. Until a statute shall have been construed and interpreted by competent adjudication. relationship or trust makes it his duty to do so. for any corrupt motive or interest.murder 4. 1998).01 – A lawyer shall not engage in unlawful. and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer’s oath. I will delay no man for money or malice.to observe and maintain the respect due to the courts of justice and judicial officers. 7. 5.04 – A lawyer shall encourage his clients to avoid.never to reject. Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. . Rule 1.in the defense of a person accused of a crime. 1999) It is NOT a mere ceremony or formality for practicing law.falsification of public documents Morality as understood in law . or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. In Re: Arthur M. it is a WILLFUL. to preserve the secrets of his client.seduction 5. The law violated need not be a penal law. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise.to counsel or maintain such actions or proceedings only as appear to him as just. to the end that no person may be deprived of life or liberty. and at every peril to himself. 8. FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. If a lawyer finds that his client’s cause is defenseless. “Moral Turpitude” – everything which is done contrary to justice. Maniwag. (In Re: Argosino.to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness. 2. end or settle the controversy if it will admit of a fair settlement. or delay any man’s cause for any corrupt motive or interest. rather than traverse the incontrovertible. and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval.to maintain inviolate the confidence. Cuevas. Temper client’s propensity to litigate. RRC) Nature of Lawyer’s Oath The lawyer’s oath is not mere facile words. 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.to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines.” (Form 28. Code of Professional Responsibility Chapter 1: Lawyer and Society CANON 1 – A lawyer shall uphold the constitution.unlawful suit. immoral or deceitful conduct. 106 SCRA 591). 6. 1998) Rule 1. 4.to employ. (Narag vs. obey the laws of the land and promote respect for law and for legal processes Duties of Attorneys: 1. Rule 1.bribery 3. to present every defense that the law permits.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. the cause of the defenseless or oppressed. 1997. (Sebastian vs. 3. but a sacred trust that must be upheld and kept inviolable. and such defenses only as he believes to be honestly debatable under the laws. drift and hollow. honesty. for any consideration personal to himself. regardless of his personal opinion as to the guilt of the accused. but by due process of law. Rule 1. and will conduct myself as a lawyer according to the best of my knowledge and discretion.
ignorance or other similar reasons. 2. self-auditory or domination or excessive use of authority. and all other self-laudation. the importance of the concurrently. withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law the magnitude of the interest involved. or procuring his Rule 3. he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latter’s rights.Reputable law lists. Violation of Rule 3. the cause of the defenseless or oppressed. the name of the law firm which he is connected with. 3.Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. except for valid reasons. the lawyer may compromise.01 – A lawyer shall not reject. integrity and reliability. Rule 3. Oppressed – victims of acts of cruelty. This is so as to prevent barratry and ambulance chasing. and legal magazines. The most worthy and effective advertisement possible is the establishment of a wellmerited reputation for professional capacity and fidelity to trust.02 – In the choice of a firm name. he shall photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct. telephone number and the special branch of law practiced. Rule 2.a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.01 is unethical.a relation to clients in the highest degree of fiduciary. honest. lawyer’s position. unless circumstances so warrant. . co-lawyers. Barratry – offense of frequently exciting and stirring up quarrels and suits. unlawful exaction. 1. A lawyer cannot delay the approval of a compromise agreement entered into between parties. Rule: A lawyer cannot compromise the case without client’s consent (special authority). But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity for consultation. weakness. fair dignified and objective information or statement of facts. either at law or otherwise. use only true. Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them. Exceptions/ Permissible advertisements: 1. fraudulent. and in which one may attain the highest eminence without making such money. is not objectionable.04 – A lawyer shall not charge rates lower than those customarily or prescribed. Submission for decision on the evidence so far presented. Primary characteristics which distinguish the legal profession from business.01 – A lawyer shall not use or permit the use of any false. such a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. Rule 3. services. no false. undignified. unfair statement or claim regarding his qualifications or legal Rule on Advertisements General Rule: No advertisements allowed.A simple announcement of the opening of a law firm or of changes in the partnership.a relation to colleagues at the bar characterized by candor.duty of service. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e. Rule: Refrain from charging rates lower than the customary rates. Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s). or Lawyers may not advertise their services or expertise nor should not assumed name shall be used. The continued use of the name of resort to indirect advertisements for professional employment. being for the convenience of the profession.A lawyer has the obligation not to encourage suits. firm name or office address. CANON 2 – A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence.02 – In such a case. 4. in a manner consistent with the standards of conduct imposed by the canons. journals. Defenseless – not in the position to defend themselves due to poverty.g.03 – Where a partner accepts public office. as furnishing or inspiring newspaper comments. are allowed.Ordinary simple professional Card. misleading. of which the emolument is a by product. It may contain only a statement of his name. misleading. 4. associates. Rule 2.Advertisements or announcement in any legal publication. including books. of brief biographical and informative data. deceptive. 2. whether done by him personally or through another with his permission. even if a lawyer does not accept a case. 5. fairness and unwillingness to resort to current business methods of Valid Justification: relatives. just because his attorney’s fees were not provided for in the agreement. Rule 2. 3. Rule 2. integrity and effectiveness of the profession. address. too poor advertising and encroachment on their practice or dealing with their CANON 3 – A lawyer in making known is legal services shall clients.
CANON 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress. Death of a partner does not extinguish attorney-client relationship with the law firm. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). In addition to acts or omission of public officers already penalized by existing law. Rule 6. nor CANON 4 – A lawyer shall participate in the improvement of allow the latter to interfere with his public duties.02 – A lawyer in the government service shall not use his public position to promote or advance his private interest.abandonment Q: What are the pertinent statutory provisions regarding this Rule? A: Sec. counsel. Various ways a government lawyer leaves government service: 1. including military and police personnel.nationalism and patriotism 7. Negligence of a member in the law firm is negligence of the firm. participate in continuing legal education programs. retirement. Rule 6. RA 6713 Sec 3. or separation from public office. the legal system by initiating or supporting efforts in law reform Rule 6. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. Public Officials – include elective and appointive officials and employees.Rule 3. 7 (b). agent. Petitions with the Supreme Court for the amendment of the Rules of Court. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action.04 – A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. provided that such practice will not conflict or tend to conflict with their official functions. 4. 3 (b). broker. whether or not they receive compensation. except in the case of subparagraph (b) (2) above. RA 6713) accept engagements or employment in connection with any matter in which he had intervened while in said service. whether in the career or noncareer service.responsiveness to the public 6.01 – The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law.own. control. after leaving government service. The three-fold obligation of a lawyer First. consultant.retirement 2. regardless of amount. (Sec. CANON 5 – A lawyer shall keep abreast of legal developments.commitment to public interest 2. and in the administration of justice. or in return for. It is unethical to use the name of a foreign firm.expiration of the term of office 4.dismissal 5. manage or accept employment as officer.political neutrality 5. 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. supervised or licensed by their office unless expressly allowed by law.commitment to democracy 8.professionalism 3. permanent or temporary. 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 private enterprise which has pending official business with him during the pendency thereof or within one year after termination. publicity to attract legal business.03 – A lawyer shall not. he owes it to himself to continue improving his knowledge of the laws. Second. employee. The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: 1. he owes it to the lay public to make the law a part of their social consciousness. RA 6713). in which case the one year prohibition shall likewise apply. 3 (d) RA 3019 as amended and Sec. Corrupt practice of Public Officers. he owes it to his profession to take an active interest in the maintenance of high standards of legal education. support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence. These prohibitions shall continue to apply for a period of one (1) year after resignation.justness and sincerity 4. Third. .resignation 3.simple living (Sec. trustee or nominee in any private enterprise regulated.
former employer.g.Should recommend the acquittal of the accused whose conviction is on appeal. PNB) The OSG is not authorized to represent a public official at any state of a criminal case. Includes restriction is representing conflicting interest (e. IF he finds no legal basis to sustain the conviction. Reference: Legal Ethics Reviewer Ateneo . Accepting engagements vs.
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