FINALS REVIEWER ON THE BOOK ON LEGAL AND JUDICIAL ETHICS by JUSTICE RODRIGO COSICO. Prepared by John Philip R.

Yeung 1. What is an amicus curiae? (p. 22) An Amicus curiae is an experienced and impartial lawyer invited by the court to appear and help in the disposition of the issues submitted to it. An amicus curiae appears in court not to represent any particular party but to assist the court. a. Define “of counsel” (p. 23)

An experienced lawyer usually a retired Justice of the Supreme Court or Court of Appeals employed by law firms as consultants. b. Define “pro se” (p. 23) An appearance by a lawyer in his own behalf. 2. What are the factors that shall guide a lawyer under Rule 20.01 of the Code of Professional Responsibility? (p . 26) Rule 20.01 – A lawyer shall be guided by the following factors in determining his fees: a. Time spent and the extent of the services rendered or required; b. The novelty and difficulty of the questions involved; c. The importance of the subject matter; d. The skills demanded; e. The probability of losing other employment as a result of acceptance of the preferred case; f. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g. The amount involved in the controversy and the benefits resulting to the client from the service; h. The contingency or certainty of compensation; i. The character of the employment, whether occasional or established; and j. The professional standing of the lawyer. 3. What are the requisites for the right of attorney’s fees to accrue? (p. 27) 1. 2. Existence of attorney-client relationship. Rendition by the lawyer of services to the client.

4. What are the two concepts of attorney’s fees? (p. 27) 1. 2. a. Ordinary; and Extraordinary How would you distinguish the two concepts?

In its ordinary concept, an attorney’s fee is the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. In its extraordinary concept, attorney’s fees are deemed indemnity for damages ordered by the court to be paid by the losing party in a litigation. The extraordinary concept of attorney’s fees is the one contemplated by Article 111 of the Labor Code, which is an exception to the declared policy of strict construction in the awarding of attorney’s fees (PCL Shipping Philippines, Inc v. National Labor Relations Commission) 5. What are the obligations of a lawyer who withdraws or is discharged under Rule 22.02 of the CPR? (p. 28)

and shall cooperate with his successor in the orderly transfer of the matter. Under Art. a lawyer is prohibited from purchasing the property of his client which was the subject of the case he was handling The reason for the rule is to prevent any undue influence of the lawyer upon his client on account of his fiduciary and confidential relation with him. The direct or indirect acquisition of the property under litigation is covered. The lawyer who violates the rule is guilty of breach of professional ethics and malpractice which is a ground for disbarment. There is representation of conflicting interests if the acceptance of a new retainer will require the lawyer to do anything which will injuriously affect his first client on any matter which he represents. What is the rule regarding the termination of attorney-client relationship? (p. immediately turn over all papers and property to which the client is entitled. The moment a lawyer renders legal services to a person. 1491 of the Civil Code. 30) If a lawyer who is privy to a person’s interest or has previously rendered service to him. subject to a retainer lien. Until his withdrawal shall have been approved.A lawyer who withdraws or is discharged shall. The counsel of record is obligated to protect his client’s interest until he is released from his professional relationship with his client. When is there representation for conflicting interests? (p. The fact that the conflict of interests is remote or merely probably does not make the prohibition inoperative. 7. the counsel I s responsible for the conduct of the case. The prohibition covers his secretary. Unless properly relieved. The proscription against representation of conflicting interests finds application where the conflicting interests arise with regard to the same general matter and is applicable however slight such adverse interest may be. The attorney-client relation does not terminate formally until there is a withdrawal of record. What does the preservation of client’s confidential information cove r? (p. a. 31) . An attorney client relationship is created by express or implied contract or when he is a court appointed counsel such as when he is appointed as counsel de oficio to defend the accused in a criminal case. the lawyer remains counsel of record who is expected by his client as well as by the court to do what the interests of his client require. he cannot appear for an opposite party in litigation. 8. 31) Without his client’s consent. an attorney client relationship is already created even in the absence of an express agreement. and he is obligated by his client and the court to do what the interest of his client required until the end of litigation or his representation is terminated formally and there is a termination of record. What is the duration of the prohibition? The duration of prohibition is perpetual. 6. A lawyer is forbidden from representing a subsequent client against a former client when the subject matter of the present controversy is related directly or indirectly. or clerk. stenographer. including all information necessary for the proper handling of the matter. It lasts even after the termination of the case even after the death of his client. The termination of the relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. a lawyer cannot divulge any confidential information made by his client to him in the course of his employment as counsel. to the subject matter of the previous litigation in which he appeared for the former client.

9. the lawyer has to file a motion for withdrawal of appearance with the consent of his client. and . has the duty to turn over immediately all papers and property to which the client is entitled and shall cooperate with his successor in the orderly transfer of the matter. 1. or The lawyer did not finish the case. a. Direct contempt or contempt in facie curiae is misbehavior committed in the presence of or so near a court or judge so as to obstruct or interrupt the proceedings before the same. What is contempt of court? (p. What is quantum meruit? (p. open defiance of court order or obstruction of justice. 2. 3. a. the lawyer is given a chance to defend himself in a hearing held for the purpose. and can be punished summarily without hearing.The client has the right to terminate or discharge his attorney at any time with or without cause. 4. 39) The IBP is an official unification of the entire lawyer population in order that all persons admitted to the practice of law shall comply with their duties under their oath. 11. In practice. The only limitation of the right of the client to discharge his lawyer is the payment of services rendered by the lawyer. a lawyer who withdraws or is discharged subject to his retainer lien. Membership in the IBP is mandatory. The lawyer runs the risk of being held liable for contempt of court in the performance of his duties. The right of the client to terminate or discharge his lawyer is based on trust and confidence. 1. To improve the administration of justice. 10. As previously stated. Distinguish between direct contempt from indirect contempt of court. 2.01 of the Code of Professional Responsibility. What are the three objectives of the IBP? To elevate the standards of the legal profession. What is your concept of the IBP? (p. When may a lawyer terminate his relationship with his client? The lawyer may terminate his relationship with his client only for good cause as enumerated under Rule 22. a. a. An indirect contempt of court is an act committed outside the court such as disobedience to lawful court order tending to degrade or obstruct administration of justice. The contract is void. When does quantum meruit apply? When there is no express contract. In such a case. including disrespect toward the court. 35) Contempt of court means the power to punish for contempt against any lawyer or person for gross disrespect of the court. including all information necessary for the proper handling of the case. A lawyer is aware that he can be discharged by his client at any stage of the proceedings at any time the client loses his confidence in him. The withdrawal of appearance must still be approved by the court even if the client has already consented. This rule is based on the principle of a personal and highly confidential nature of relationship of the attorney and the client. 23) Quantum meruit means much as what the lawyer deserves to be paid. The contract is for unconscionable amount.

15. unless exempted under Rule 7. The New Code was adopted by the Supreme Court in response to the clamor for a universal code of judicial conduct. Canon 5 on Equality. shall complete every three years at least 36 hours of continuing legal education activities. 3. 4. 44) A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE. a. Canon 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. Canon 4 on Propriety. Its adoption became imperative to update and correlate the 1989 Code of Judicial Conduct and the Canons of Judicial ethics adopted in the Philippines. 5. The Court of Appeals and the Regional Trial Courts may also exercise disciplinary powers over lawyers but the orders of said courts are appealable to the Supreme Court. The listing as delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE. To enable the bar to discharge its public responsibility more effectively. Who has disciplinary power over members of the legal profession? (p. Canon 1 on Independence. 2004 is now the prevailing Code of Judicial Conduct as it has superseded the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct. and Canon 6 on Competence and Diligence. The purpose of disciplinary power is to compel the lawyers to comply with the rules of legal ethics and to protect the public from unscrupulous lawyers. It has the power to suspend or disbar a lawyer for various acts of misbehavior. the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct shall be applicable in a suppletory character. Canon 3 on Impartiality. Canon 2 on Integrity. . 43) Members if the IBP. What are the minimum requirements for completion at the Mandatory Continuing Legal Education (MCLE)? (p. What is now the prevailing Code of Judicial Conduct? (p. How many Canons does the New Code of Judicial Conduct contain? (p. 14. 12. 52) The New Code of Judicial Conduct contains six Canons namely: 1.3. 50) The New Code of Judicial Conduct which became effective on June 1. 6. In case of deficiency or absence of specific provisions in this New Code. 13. 46) The Supreme Court has the inherent power to discipline the members of the legal profession concomitant with its power to admit its members. What are the consequences for non-compliance with the MCLE requirement? (p. 2.