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Legal Ethics

Compiled by Societas Spectra Legis, A. Lim

IMPORTANCE OF LEGAL ETHICS


The highest moral and ethical standards should be maintained so that the people will continue to
repose their trust in lawyers and in the role they play in the administration of justice.
Consequently the continued existence of the legal profession is ensured
PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL PROFESSION FROM BUSINESS:
Duty of public service, of which emolument is a by-product
Lawyer is an officer of the court
Fiduciary relation to client
Candor, fairness to colleagues in the bar
Can Corporations practice law?
No.
Practice of law is reserved only to natural persons who are lawyers, either as solo practitioners or in
partnership with other lawyers.
SOURCES OF LEGAL ETHICS
CONSTITUTION

Section 5 (5), Article VIII, 1987 Constitution


The Supreme court shall 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 underprivileged
Section 14, Article VI, 1987 Constitution
No Senator or Member of the House of Representatives may personally appear as counsel before:
any court of justice
electoral tribunals
quasi-judicial and other administrative bodies
Puyat vs. De Guzman, Jr. ( 113 SCRA 31)
A member of Congress cannot indirectly fail to follow the constitutional prohibition of not appearing
personally as counsel before the SEC by buying a nominal share in the corporation after his appearance
as counsel therein was contested.
Section 13, Article VII, 1987 Constitution
The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not:
hold any other office or employment during their tenure, UNLESS OTHERWISE PROVIDED IN
THIS CONSTITUTION.

directly or indirectly, practice any other profession, participate in any business.


Section 2, Article IX-A, 1987 Constitution
No member of the Constitutional Commissions shall during his tenure, hold any other office or
employment neither shall he engage in the practice of any profession
Section 8, Article XI, 1987 Constitution
During their tenure, the Ombudsman and his deputies, shall be subject to the same disqualifications
and prohibitions as provided for in Section 2, Article IX-A.

RULES OF COURT

Section 7, Rule 85
When the executor or administrator is an attorney, he shall not change against the estate any
professional fees for legal services rendered by him
Section 21 (B), Rule 130
An attorney cannot, without the consent of his client, be examined as to any communication made by
the client to him, or his advice given thereon in the course of professional employment
(SLIDE NOT CLEAR)

LEGISLATION

Article 1491 [5], Civil Code


The following cannot acquire by purchase, even at public or judicial action, either in person or through
the mediation of another: [5] justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers or employees connected with the administration of justice the property rights
in litigation or levied upon on execution before the court within whose jurisdiction or territory they
exercise their respective functions; this prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and rights which may be the object of any litigation
in which they take part by virtue of their profession

MODERN CONCEPT OF PRACTICE OF LAW


Cayetano vs. Monsod, 201 SCRA 210 (1991)
Practice of Law means any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience. To engage in the practice of law is to perform those acts which are
characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which
device or service required the use in any degree of legal knowledge or skill. It is not limited to appearing in
court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings and
other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of
all kinds, and the giving of legal advice to clients.
OLD CONCEPT, PRACTICE OF LAW
People vs. Villanueva,14 SCRA 109 (1965)

Criteria Determinative or Practice of Law:


Habituality
Compensation
Application of Law, Legal Principle, Practice, or Procedure which calls for legal knowledge, training and
experience
Attorney-Client Relationship
SCRIVENING- filling blanks in standardized or stereotyped forms which involves purely clerical work without
need for any legal interpretation.
This is not practice of law, as it does not involve the determination by a trained mind of the legal effects of facts
and conditions.
Is teaching of law Practice of Law?
A law professor does not actually deal with clients whose rights are or may be subject to legal
controversies; he does not hold himself out of the public as a lawyer, but as a mentor learned in the law
who is qualified, by reason of his legal training to instruct students on legal subjects. (minister of justice
opinion no. 89, s. 1986)
Practice of Law a Privilege, but also in the nature of a right:
Privilege because lawyers must bow to the inherent regulatory power of the court to exact compliance
with the lawyers public responsibilities
Right because a lawyer cannot be prevented from practicing law except for valid reason (e.g
prohibitions on some public officers)
Who can practice law?

Admitted as member of the bar;


Good and regular standing (sec. 1, Rule 138, Rules of Court)

Why the practice of law is generally limited to lawyers?


To protect party litigants because of the complex nature of judicial proceedings;
to protect public interest
Sanctions for Unauthorized practice of Law:

Injunction to restrain continuation of unauthorized practice; contempt of court (Sec 3 [e], Rule 71,
ROC), criminal prosecution , damage, denial of right to fees

Manangan vs. CFI one who masqueraded as a lawyer using the name of a deceased lawyer was
found guilty of continuous fraudulent misrepresentation and highly improper conduct tending directly
to impede, obstruct, degrade and make a mockery of the administration of justice. Consequently, he
was adjudged in contempt of court, severely censured, and sentence to suffer 3 months imprisonment.
Sharia lawyers who are LLB graduates but not members of the bar are not allowed to practice before

regular courts even if both parties are Muslims.


Par. 2 Art. 143 of P.D. 1083, The Code of Muslim Personal Laws of the Philippines, provides for concurrent
jurisdiction of the Sharia District Court with existing civil courts.
Appearance Pro Hac Vice
Appearance by a lawyer who is not licensed to practice in a jurisdiction, but only in connection with a particular
case; may be allowed by courts under very limited instances, if the appearance is only in an isolated case and
no compensation is charged for the service.
Appearance In Propria Persona or Pro Se Practice
Appearance in court by a non-lawyer for himself and without the assistance of a member of the Bar.
Basis: Sec. 1 art. III, Constitution (due process clause); Sec. 1 (2), Art. III Constitution (due process right to be
heard by himself and counsel, especially in criminal cases); Sec. 3, Rule 7, ROC (every pleading must be signed
by the party of counsel representing him
While Pro Se Practice is allowed, it is not advisable. (In Re: Joaquin T. Borromeo, 241 SCRA405)
A little learning is a dangerous thing. He who acts as his own lawyer has a fool a client.
Pro Se Practice does not apply to corporations.
Otherwise, it would circumvent the prohibition on corporate practice of law. Thus, it must hire a lawyer to
collect its bills, for instance.
Non-lawyers who are authorized to appear in court:
GR: a non-lawyer may represent a party before the MTC
Exc: criminal case
Exc to Exc: in a locality where a duly licensed member of the bar is not available

Senior law student- enrolled in a recognized law schools clinical education program approved by the SC
may appear before any court, tribunal, agency, office, without compensation, to represent indigent
clients accepted by the legal clinic in school; under direct supervision and control of an IBP member
duly accredited by the law school; civil, criminal, administrative(sec. 1, Rule 138-A, Rules of Court)
Before RTC and the higher courts- must be accompanied by a supervising lawyer in all his appearances
Labor code- 1) when they represent themselves, 2) they represent their organization or member
thereof with written authorization of the latter, 3)duly accredited members of legal aid office duly
recognized by the DOJ, or the IBP in cases referred to by the latter
Cadastral act- a non-lawyer can represent a claimant before the cadastral court
Any person appointed to appear for the Government in accordance with law
Before the Department of Agrarian Reform Adjudication Board

Public Officials who cannot practice law:


Judges, other officials/employees of the superior court
OSG officials and employees
Government prosecutors
P, VP, Members of the Cabinet, their deputies and assistants
Members of the Constitutional Commissions
Ombudsman and his deputies
Governors, city and municipal mayors
Those prohibited by special law (RA 6713, Section 7, [b-2]
Public Officials with Restriction in the Practice of Law:
No Senator or member of the House may personally appear as counsel before any court, electoral
tribunal, quasi-judicial and other administrative bodies.
Section 90, R.A 7160- Sanggunian members shall not:
Appear as counsel before any court in a civil case wherein a local government unit or any office,
agency, or instrumentality of the govt is the adverse party
Appear as counsel in a criminal case wherein an office or employee of the national or local govt
is accused of an offense committed in relation to his office
Collect any fee for their appearance in administrative proceedings involving the LGU of which
he is an official
Use property and personnel of the govt except when the Sangguniang member concerned is
defending the interest of the govt

Sec. 1, R.A. 910- a retired justice or judge receiving pension from the govt, cannot act as counsel in any
civil case in which the govt or any or any of its subdivisions or agencies is the adverse party or in a
criminal case wherein an officer/employee of the govt is accused of an offense ic relation to his office

Terms

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 practice of law is to give notice or render any kind
of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano
V. Monsod, 201 SCRA 201).

Attorney, Counsel, Abogado, Boceros- that class of person who are licensed officers or the court,

empowered to appear, prosecute and defend; and upon whom peculiar duties, responsibilities, and
liabilities are developed by law as a consequent (Cui v. Cui, 120 Phil.729).

Bar- whole body of lawyers

Bench- whole body of judges and justices

Bar admission- act by which one is licensed to practice in courts of particular jurisdictions after
satisfying certain requirements such as bar examination, period of residency, or admission on grounds
of reciprocity

Attorney in fact- an agent whose authority is strictly limited by the instrument appointing him,
however, he may do things not mentioned on his appointment but are necessary to the performance of
the duties specially required of him, such authority being necessarily implied. He is not necessarily a
lawyer.

Counsel de Oficio- a counsel, appointed or assigned by the court, from among members of the bar in
good standing who, by reason of their experience and ability, may adequately defend the accused.
Note: in localities where members of the bar are not available, the court may appoint any person,
resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rules
116 ROC

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

Attorney of record- one who has filed a notice of appearance and who hence is formally mentioned in
court records as the official attorney of the party, (Reynolds v. Reynolds)

Of Counsel- to distinguish them from attorneys of record, associate attorneys are referred to as of
counsel

Another definition- venerable member of firm

Lead Counsel- the counsel on their side of a litigated action who is charge with the principal
management and direction of a partys 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.

Amicus Curiea- friend of the court; a person with strong interests in or views on the subject matter of

an action, may petition the court for permission to file a brief, ostensibly on behalf of the party but
actually to suggest a rationale consistent with its own views; experienced and impartial attorney may
be invited by the court to appear as amici criae to help in the disposition of cases submitted to it.

Amicus curiae par excellence- bar association that appear in a case as amicus curiae

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.

Solicitor (England)- person prosecuting or defending suits in Courts of Chancery (court which
administer equity and proceeding according to the forms and principle of equity.

Solicitor (Philippines)- government lawyer attached with the office of the solicitor general

Proctor (England)- formerly, an attorney in the admiralty and ecclesiastical courts whose duties and
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 Laws but
membership in the Bar after due admission thereto, qualifying one for the practice of law

CHAPTER 1: THE LAWYER & SOCIETY


CANON 1: UPHOLD THE CONSTITUTION, OBEY THE LAWS AND PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES
LAWYERS OATH- contains in capsule form the ethical standards required for lawyers

not to undue delay a case- lawyer was reprimanded when he used his legal expertise to unnecessarily
and unjustly delay a case (Del Mundo vs. CA, 252 SCRA 432)

to delay no man for money or malice a lawyer should not refuse or delay a case just because he may
not be paid well or as expected by him because the legal profession is not a money-making trade. But
this does not mean that a lawyer cannot reject a case the facts of which do not convinces him to be
meritorious. If a lawyer is deliberately not paid, the honorable thing for him to do is to withdraw from
the case so as to allow the client to employ another lawyer.

Do no falsehood guardian of truth

Bongalonta vs Castillo, 240 SCRA 310


Moreno vs Araneta, A.C. No. 1109, April 27, 2005
The lawyers highest honor is found in a deserved reputation for fidelity to private trust and public duty, as an
honest man and as a patriotic and loyal citizen (Canon 32, last sentence, CPE)

Discouraging Lawsuits
Under Rule 1.03 of CPR, a lawyer shall not for any corrupt motive or interest, encourage any suit or
proceeding or delay any mans cause
Crime/Tort of Maintenance Intermeddling of an uninterested party to encourage lawsuit
A lawyer owes to the society and to the court the duty not to stir up litigation. The following are unprofessional
acts:
Volunteering advice to bring lawsuit except when ties of blood, relationship and trust make it a duty to
do so
Hunting up defects in titles to other causes of action; to breed litigation by seeking out claims for
personal injuries
Employing agents or runners
Paying direct or indirect reward to those who bring or influence the bringing of cases to his office
Searching for unknown heirs and soliciting their employment
Justifiable and Unjustifiable Litigation
The lawyer must decline a case when convinced that it is intended merely to harass, or to injure the
opposite party or work oppression
But otherwise, it is his right, and having accepted engagement, it becomes his duty to insist upon
the judgment of the court as to the legal merits of his clients claim or defense, his appearance in
court should be deemed equivalent to an assertion on his honor that in his opinion his clients case
is one proper for judicial determination.
A lawyer has the following duties, inter alia:
To uphold the Constitution and obey the law
Not to engage in unlawful conduct
Not to counsel illegal activities
Not to encourage lawsuits
To encourage amicable settlement
Ulep vs. Legal Clinic, Inc., 223 SCRA 318
Barratry offense of frequently inciting and stirring up quarrels and suits; fomenting suits; then offering his
legal services to one of the parties
Ambulance Chasing a lawyers act of figuratively chasing the victims of an accident for the purpose of talking
to the victim or the latters relatives and offering his legal services for the filing of the case against the person
who caused the accident
Barratry vs Ambulance Chasing

Barratry refers to any action; Ambulance Chasing refers only to personal injury actions
Barratry may refer to suits before any for a; Ambulance Chasing refers to cases brought before the
courts

Recognized evils of Ambulance Chasing:


Fomenting of litigation; burden on courts and society

Subordination of perjury
Mulcting of innocent persons by judgments, upon manufactured causes of action
Defrauding of injured persons having proper causes of actions but ignorant of their legal rights and
court procedures (by means of contracts which retain exorbitant percentages of recovery and illegal
charges for court costs and expenses and by settlement made for quick returns of fees and against the
just rights of the injured)

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
Valid reasons to decline engagement: (Rule 14.03) not in a position to carry out the work effectively or
competently; he labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client)
Must exercise the same degree or standard of diligence accorded to paying clients; legal aid is not a matter of
charity but a public responsibility
B.M. 2012, February 10, 2009, Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers
All practicing lawyers are required to render a minimum of 60 hours of free legal aid services to indigent
litigants in a year. Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to
coordinate with a lawyer for cases where he may render free legal aid service.
Lawyers excluded in the term of practicing lawyer
Government employees and incumbent elective officials not allowed by law to practice
Lawyers who by law are not allowed to appear in court
Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law
schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like
the Free Legal Assistance Group who by the nature of their work render free legal aid to indigent and
pauper litigants and
Lawyers not covered under subparagraphs (1) to (3) including those who are employed in the private
sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies
Indigent and pauper litigants are those whose gross income and that of their immediate family does not exceed
an amount double the monthly minimum wage of an employee and those who not own any real property. They
are exempt from payment of docket fees and lawful fees as well as transcripts of stenographic notes.
A penalty of P4,000 shall be imposed on the lawyer who fails to meet the required minimum number of hours
of legal aid service each year required by the IBP without satisfactory explanation. The lawyer shall have a not
in good standing status and shall not be allowed to appear in court or any quasi-judicial body as counsel for a
period of 3 months. A lawyer who fails to comply with their duties in the Rule for at least 3 consecutive years
shall be subject to disciplinary proceedings and may be suspended from the practice of law for 1 year.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice
to the person concerned if only to the extent necessary to safeguard the latter's rights. (immediate legal

advice)
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
(Solicitation discussed with Canon 3)
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances
so warrant.

Consider the IBP Chapter approved Schedules of Attorneys fees

To avoid demeaning and degrading competition

CANON 3 - A lawyer in making known his legal services shall use only true, honest, fair, dignified and
objective information or statement of facts.
Advertising
GR: a lawyer cannot advertise his talent, as he is a member of an honorable profession the primary purpose of
which is to render public service and secure justice; remuneration is a mere accident.
EXC: (Forms of Permissible Advertisement)

Writing legal articles; for legal publications in which he gives information upon the law but cannot
accept employment from such publication to advise inquires in respect to individual rights of persons

Laws lists, but only brief biological and informative data

Ordinary professional cards

Notice to other local lawyers and publishing in a legal journal of ones availability

Proffer of free legal services to the indigent, even when broadcasted over the radio or tendered
through circulation of printed matter to the general public

Simple announcement of the opening if a law firm or of changes in the partnership, firm name or office
address, being for the convenience of the profession

Listing in a phone directory, but not under a designation of a special branch of law

Solicitation of cases constitutes malpractice


The law prohibits lawyers from soliciting cases for the purpose of gain, either personally ir through paid agents
or brokers (Rule 138, Sec. 27, ROC)
Use of Law Firm Name:

No false, misleading or assumed name shall be used. The continued use of the name of a deceased
partner is permissible provided that the firm indicates in all its communications that said partner is
deceased. This rule abandoned the doctrine in the case of In Re: Sycip, 93 SCRA 1 (1979).

Where a partner accepts public office he shall withdraw from the firm and his name shall be dropped
from the firm name unless the law allows him to practice concurrently

Filipino lawyers cannot practice law under the name of a foreign law firm, as the latter cannot practice
law in the Philippines and the use of foreign law firm name in the country is unethical.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
Examples:

Present position papers or resolutions for the introduction of pertinent bills in Congress

Petition with the SC for the amendment of the ROC

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
BAR Matter 850: Mandatory Continuing Legal Education, August 8, 2000
Purpose: To ensure that throughout their careers, they keep breast with law and jurisprudence, maintain the
ethics of the profession and enhance practice of law.
Requirements for Completion of ML: at least 36 hours of continuing legal education activities per 3 years:

6 hours legal ethics

4 hours trial and pretrial skills

5 hours alternative dispute resolution

9 hours updates on substantive and procedural laws and jurisprudence

4 hours writing and oral advocacy

2 hours international law and international conventions

6 hours other subjects as may be prescribed by the MCLE Committee

Persons exempted from MCLE:

President, Vice President and Undersecretaries of the Executive Department

Senators and HR Members

Chief Justice, Associate Justice of the Supreme Court; incumbent and retired justices of the Judiciary,
incumbent members of the JBC and incumbent court lawyers covered by the Philippine Judicial
Academy Program of continuing legal education

Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the DOJ

Solicitor General; Associate Solicitor General

Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel

Chair and members of the Constitutional Commissions

Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman, Special Prosecutor

Head of government agencies exercising quasi-judicial functions

Incumbent Deans, bar reviewers and professors of law having teaching experience of at least 10 years
in accredited law school

Chancellor, Vice Chancellor, and members of the Corps of Professional Lecturers of the Philippine
Judicial Academy

Governors and Mayors

Others:

Those who are not in law practice, private or public

Those who have retired from law practice with the approval of the IBP Board of Governors

Good Causes for Exemption form of Modification of Requirement:

Verified request

Grounds:

Physical disability

Illness

Post-graduate study abroad

Proven expertise in law

Consequences for Non-Compliance:

Listed as delinquent member by the IBP Board of Governors upon the recommendation of the
Committee on MCLE

The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the
Committee on MCLE
BAR Matter No. 1922, June 3, 2008
"Bar Matter No. 1922. Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to
Indicate in All Pleadings Filed with the Courts the Counsels MCLE Certificate of Compliance or Certificate of
Exemption. The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo
B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the
diminishing interest of the members of the Bar in the MCLE requirement program.
The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters,
to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial
bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as
may be applicable, for the immediately preceding compliance period. Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings from the records.
The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation."
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF

THEIR TASKS.

A lawyer does not shed his professional; obligations upon his assuming public office

Lawyers who are incumbent judges are governed by the Code of Judicial Conduct. They cannot be
investigated by the IBP Commission on Bar Discipline.

R.A. 6713 Code of Conduct and Ethical Standards for Public Officials and Employees

Public officials (including government lawyers)

Elective, appointive, permanent, temporary, career, non-career (including military and police),
whether or not they receive compensation, regardless of the amount

These norms should be observed in the discharge and execution of official duties:

Commitment to public interest

Professionalism

Justness

Sincerity

Political neutrality

Responsiveness to the public

Nationalism

Patriotism

Commitment to democracy

Simple living

Canon 6 -THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS.
Government lawyers are prohibited to engage in private practice unless authorized by the Constitution or law
provided that such practice will not conflict or tend to conflict.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice
is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of
the accused is highly reprehensible and is cause for disciplinary action.

Primary duty is not to convict but to see that justice is done

The suppression of facts or concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is caused for disciplinary action

A prosecutor is a quasi-judicial officer. Thus, he should be as much concerned with seeing that no innocent man
suffers as in seeing that no guilty man escapes.
If a prosecutor finds that there is no sufficient evidence:

In the preliminary investigation: resolve to the effect that there is no probable cause

If case has already been filed: file a motion before the court for the dismissal of the action

If case on appeal: recommend before the appellate court the acquittal of the accused

Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his
private interests, nor allow the latter to interfere with his public duties.
GR: a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in
the discharge of his duties as a government official
Exc: misconduct is of such character as to affect his qualification as a lawyer to show moral delinquency, then
he may be disciplined as a member of the bar
Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service.
(otherwise, tantamount to the representation of conflicting interests).
PCGG vs Sandiganbayan; GR No. 151805 (2005)

Matter: any discrete, isolatable act as well as identifiable transaction or conduct involving a particular
situation and specific party, and not merely an act of drafting, enforcing or interpreting government
agency procedures, regulations or laws, or briefing abstract principles of law

Interventions as contemplated under Rule 6.03:

An act of a person who has the power to influence the subject proceedings

Such intervention cannot be insubstantial, insignificant or innocuous

RA 3019, Sec. 3(d) corrupt practices of public officials:


xxx 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 and within one year after its termination
RA 6713, SEC. 7(b)
Prohibitions: own, control, manage, or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law. (This prohibition shall continue 1 year after separation)
The lawyer and the legal profession
In a nutshell: uphold the integrity and dignity of the legal profession and support the IBP.
Be courteous, fair and frank to fellow lawyers.
Not to assist in the unauthorized practice of law.
Not to encroach upon the employment of another lawyer.
Canon 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the
activities of the Integrated Bar.

Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material
fact in connection with his application for admission to the bar.
Otherwise:

Denied permission to take the Bar

Not allowed to take oath

Stricken from the Roll of Attorneys

In Re: Ramon Galang (66 SCRA 282)


Under oath: he has not been charged with any offense before a Fiscal, Municipal Judge, or other officers; or
accused of, indicated for or convicted by ant court or tribunal of any crime involving moral turpitude; nor is
there a pending case against him. But he intentionally withheld his criminal case of slightly physical injuries
which was still pending (he was allowed to take the Bar 7 times due to such concealment) and allowed to take
his oath in 1972. LICENSE REVOKED.
Diao vs MArtines (7 SCRA 477)
False pretenses in misrepresenting that he finished Associate in Arts Degree when he had not. STICKEN FROM
THE ROLL.
If what is concealed is a crime not involving moral turpitude concealment is itself evidence of sufficient lack of
moral character
Rule 7.02. A lawyer shall not support the application for admission to the bar of any person known by him to
be unqualified in respect to character, education, or other relevant attribute.

Violation makes a lawyer liable for disciplinary action; gross misconduct in office (Rule 138, Sec. 27,
ROC)

Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall
he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession

Commission of unlawful act though not related to the discharge of professional duties which put
his moral character in serious doubt, renders him unfit to continue practicing law.

Duty to uphold the honor of the profession:

Expose without fear or favor before the proper tribunals corrupt or dishonest conduct in the
profession

Accept without hesitation employment against a member of the Bar who has wronged his client

Guard the bar against admission to the profession of persons of deficient moral characters.

The Integrated Bar

Official state organization requiring membership and financial support of all attorneys as a condition
precedent to the practice of law.

National organization of lawyers (IBP) created January 16, 1973pursuant to Rule 139-A ROC.

Integration of the Bar

Essentially a process by which every lawyer is afforded an opportunity to do his share in carrying out
the objectives of the BAR as well as obliged to bear his portion of its responsibilities

Dictated by overriding considerations of public interest which justifies the restrictions that integration
imposes upon the personal interests and convenience of the individual lawyers.

Mandated by the Constitution when it gave the SC powers to promulgate rules concerning, among
others, the integration of the Bar.

Is bar integration constitutional? (In Re: Edillon)

Valid exercise of police power over an important profession

Legal practice not a right but a privilege

SC has plenary power in all cases regarding the admission to and supervision of the practice of law

Not violative of the freedom of association. Integration does not make a lawyer a member of any group
of which he is not already a member

Only compulsion is the payment of annual dues; cost of improving the profession should be shared by
the subjects and beneficiaries of the regulatory program, the lawyers.

Santos vs Llamas (A.C. No. 4749. January 20, 2000).


The exemption granted by R.A. 7432 to senior citizens from paying individual income tax does not exempt
lawyers who are likewise senior citizens from paying IBP dues and privileged tax.
Integrated Bar

Bar Associations

Compulsory

voluntary

Sine qua non to the practice of law

no

Violation of rules on integration is sufficient cause


for disbarment or suspension

no
Shall not operate at cross-purposes with the IBP
(should not obstruct or defeat the purposes of the
IBP

Canon 8 A lawyer shall conduct himself with courtesy, fairness and candor towards his professional
colleagues, and shall avoid harassing tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.

Should be observed even in the pleadings that lawyers file.

Forceful but dignified, emphatic but respectful

Clients, not the lawyers, are the litigants

Want of intention not an excuse for the disrespectful language used

Rule 8.02 A lawyer shall not, directly or indirectly, encroach upon the professional employment of another
lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to
those seeking relief against unfaithful or neglectful counsel.

A lawyer should not steal clients

A lawyer shall not negotiate with opposite party who is represented by counsel, without the latters
knowledge or presence

A lawyer may however interview any witness or prospective witness of the adverse party

CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Only those licensed by the SC may practice law in this jurisdiction.

Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law
may only be performed by a member of the Bar in good standing.

Delegation to a non-lawyer, or to a disbarred lawyer, suspended a lawyer, alien lawyer


unethical
Cannot even delegate to a qualified person without the clients consent (personal relationhip)

Rule 9.02. A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice
law, except:
a. where there is a pre-existing agreement with the partner or associate that, upon the latters death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or
b. where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c. where the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan
is based in whole as in part, on a profit-sharing arrangement.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Rationale: burden on judiciary would be intolerable if it cannot take at face value what is asserted by counsel
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.

Cases of Falsehood: Raising issues long laid to rest by a final and executor judgment
Making it appear that a person, long dead, executed a deed of sale in the lawyers favor
Denying having received the notice to file brief which denial is belied by the return card
Presenting falsified documents before the court

Art. 184, RPC (false Testimony) knowingly offer in evidence a false witness or testimony in any judicial or
official proceeding.
Quotation of Decision
Must be verbatim
Provide the proper citation
Do not quote the syllabus

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision
already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of
justice.
Litigation is not a game of technicalities
Eternal Gardens Memorial Park vs. CA, G.R. No. 123698, Aug. 5, 1998
To thwart the execution of a judgment which has long been rendered final and executor, petitioner resorted to:
First, opposing the Writs of Possession in favor of Sps. Seelin before the RTC by filing MFR, petition to CA,
petition denied, MFR, petition to SC, petition denied, MFR, denied;
Second: Petition for Certiorari before CA, denied, MFR, denied; Petition for Review before SC, denied, MFR,
denied;
Third, same as second.
In the meanwhile that the case was protracted and execution delayed due to the unmeritorious petitions of
petitioner, the case has dragged on for 17 years, wherein interment on the parcel of land has taken place
rendering execution in favor Sps. Seelin impossible.
As officers of the court, lawyers have a responsibility to assist in the proper administration of justice. They do
not discharge this duty by filing pointless petitions that only add to the workload of the judiciary, especially this
court, which is burdened enough as it is. A judicious study of the facts and the law should advise them when a
case such as this, should not be permitted to be filed to merely clutter the already congested judicial dockets.
They do not advance the cause of law or their clients by commencing litigations that for sheer lack of merit do
not deserve attention of the courts.

Lawyers first duty is to the courts

Not only to judges but also to judicial officers who take part in the judicial work

Obedience to court orders and processes

Criticism must be bona fide and must not spill over the walls of decency. (In Re: Almacen 31SCRA 581)

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the
Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no

materiality to the case.


In Re Aguas 1 Phil 1: The instructed witness not to look at defendants lawyer but instead focus his attention on
the former. When the witness did not give heed to the warning, judge arose from his seat and grabbed the
witness by the shoulder lawyer asked that the incident be placed on the record, was held in contempt.
Sc ruled that act of insisting that the matter be placed on record is not contemptuous. Lawyers must however
be courageous enough to espose arbitrariness and injustices of judges.
Wicker vs. Arcangel, G.R. No. 112869, Jan. 29, 1996
In Re Almacen, GR No. L-27654, Feb. 18, 1970
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.
Proper Authorities:

Supreme Court

Office of the Ombudsman- Maceda vs Ombudsman (GR No. 102781, Apr. 22, 1993)

HR & Senate- for SC Justices (impeachable officers)

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY
AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the
facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with
the original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Forum-Shopping - as a result or in anticipation of adverse opinion in one forum, a party seeks favorable opinion
in other forum (a) on the gamble that one will render a favorable disposition
Elements of forum-shopping same parties, same causes of action, same issues, same reliefs (relate to res
judicata and litis pendentia)
What are the evils of forum-shopping?

Duplication or multiplications of suits

Double or multiple vexation of lawsuits arising from only one cause

Clogging or court dockets

Waste of time, energy and resources;

Reprehensible manipulation of court processes and proceedings

May result in tribunals rendering conflicting rulings

How do the courts seek to prevent forum-shopping & what are the effects of non-compliance?

Sec 5, Rule 7, ROC: CERTIFICATION OF NON-FORUM SHOPPING in initiatory pleadings signed by the party, not
the lawyer. Otherwise:

Failure to comply not curable by amendment

Dismissal without prejudice, unless otherwise provided, upon motion and after hearing

Submission of a false certification/noncompliance with any of the undertaking therein-indirect


contempt of court, administrative and criminal sanctions

Willful and deliberate forum-shopping- summary dismissal with prejudice, direct contempt,
administrative action

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let
the period lapse without submitting the same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court
processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the
witness is still under examination.

To prevent lawyer from teaching or coaching witness to testify in his favor or to rectify some mistakes
or statements damaging to his cause

In the last analysis, to uphold the truth

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Lawyer should do no falsehood nor consent to the doing of any in court

Criminal Liability:

Witness- false testimony (Arts. 181, 182 or 183, RPC depending upon the nature of the case)

Lawyer- offering false testimony in evidence (Art. 184, RPC); and criminal and administrative
liability

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
What are the rights of the witness under the ROC: Sec. 3, Rule 132, ROC

To be protected from irrelevant, improper or insulting questions, and from harsh and insulting
demeanor

Not to be detained longer than the interests of justice requires

Not to be examined except only as to matters pertinent to the issue

Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise
provided by law

Not to give an answer which will tend to degrade his reputation, unless it be very fact at issue or to a
fact from which the fact in issue would be presumed. But a witness must answer to the fact of his
previous final conviction for an offense.

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; or
(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he
must, during his testimony, entrust the trial of the case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Reason? To protect the good name and reputation of both lawyer and judge; to avoid misconstructions of
motive; so as not to seriously affect the confidence of the litigants and the public in general on the courts and
justice system
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.
Evil sought to be avoided by the rule? Trial by publicity; fair trial in the courts may be hampered or interfered
with
However if the ______________________________ of the case justify a statement to the public?
When is trial by publicity prejudicial? There must be allegation and proof that the judges have been unduly
influenced, not simple that they might be, by the barrage of publicity (Martelino vs. Alejandro, as reiterated in
PP vs. Mayor Sanchez, GR NO. 121039-45, October 18, 2001 and Estrada vs Desierto, GR Nos. 146710-15,
March 2, 2001)
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in
the normal course of judicial proceedings.
CHAPTER IV. THE LAWYER AND THE 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 solely on account of the latter's race, sex. creed
or status of life, or because of his own opinion regarding the guilt of said person.
Is this rule applicable to civil cases?
-No. In civil cases, it is the lawyers duty to counsel or maintain such actions or proceedings only as appear to
him to be just, and such defenses that he believes are honestly debatable under the law. The lawyers signature
in a pleading is deemed a certification by him that he has read the pleading, that to the best of his knowledge,
information and belief, there is good ground to support it.
But he can decline if there is a valid and justifiable ground.

Can a lawyer refuse to represent an accused believing he is guilty?

-No. the sole reason is his belief only, trial has not yet began but he has already convicted a person. Everybody
deserve proper defense and due process. He should defend the accused by all fair and reasonableness.

Grounds to dismiss a case transcription, the complaint was not filed at a proper authority, double
jeopardy.

You know the accused is already guilty yet NO judgement fight for the acquittal.

Not applicable in civil cases

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de
officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for
rendition of free legal aid.
Can an accused refuse a counsel de oficio?
Yes, if he has counsel de parte. If the accused manifests that he wants to hire counsel de parte, court should
give him sufficient time to do so. However, the accused cannot, without valid grounds, refuse a counsel de
oficio.
Can the judge assign a lawyer to render free legal aid to destitute or indigents in civil cases?
Yes, under Section 31, Rule 138 where the services of counsel are needed to attain the ends of justice.
Rule (not clear) accept representation of an indigent client unless:
He is not in a position to carry out the work effectively or competently;
He labors under a conflict of interest between him and the prospective client or between a present
client and the prospective client.
Concept of Conflicting Interests

When the lawyer would argue a claim on one hand and would have to argue the defense against such
claim on the other hand.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the
same standard of conduct governing his relations with paying clients.
Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the
prospective client.
Mejia vs. Reyes
Atty. Reyes was the counsel and notary public of PNB. In such capacity, he handled litigation involving PNB and
a certain Mejia. Mejia lost and wanted to appeal. At Reyes advise, Mejia did not push through with his
intended appeal. Later on, Mejia learned that Reyes was the PNBs counsel.
Act constitutes malpractice.
In case of conflict of interests of a lawyer and his client favor the client. (e.g. do not prioritize attorneys fees
over and above clients shares in the judgment award)
Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given

after a full disclosure of the facts.


Representing conflicting interests is a criminal offense.
Betrayal of Trust by an Attorney (Art. 209, RPC)
Treachery and double-dealing is condemned.
Where the lawyer did not accept the case but represented the adverse party after consultation by the other

Hilado vs. David


It is not essential that the client should have employed or paid the lawyer professionally; mere consultation
suffices to establish a lawyer-client relationship. Lawyer should not represent conflicting interests.
Duty (not to represent conflicting interests) applies even AFTER attorney-client relationship is terminated.
Nakpil vs. Valdez
Atty. Valdez is managing partner of his own law firm and own accounting firm. In a case, Atty. Valdez
represented the estate of the late Jose Nakpil. Two claimants against the estate are clients of his accounting
firm.
Suspended for representing conflicting interests.
When is representing conflicting interests authorized?
Upon written consent of the client concerned given after full disclosure of the facts.
Rule 15.03 A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to
him by a prospective client.
This is another instance of loyalty to the client.
Virtual confessional seal of the clients secrets and confidences.
Form of communication: oral, written, actions, signs
Section (not clear) ROC An attorney cannot, without the consent of his client, be examined as to any
communication made by the client to him, or his advice given thereon in the course of, or with a view to,
professional employment, nor can an attorneys secretary, stenographer, or clerk be examined, without the
consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such
capacity.

Are pleadings confidential? Yes, before they are (not clear) in court.
Unprivileged communication: lawyer can be compelled to testify, or else he may be cited in contempt
of court.
Basic limitations of privileged communication: a.) purpose of seeking legal advice; b.) does not extend
to communication of future crimes, a person committing or about to commit a crime can have no
privileged witness; communication must be for a lawful purpose or in furtherance of a lawful end. For
otherwise, if the purpose is criminal, it is not only lawful to divulge, but the lawyer should be bound to
disclose at once in the interest of justice.
The privilege applies to law students under the Law Student Practice rule

Two-Fold Purposes of the Rule:


To encourage client to make full disclosure without fear;
To enable counsel to obtain full information so as not to misled in the evaluation of the merits or
demerits of the clients case.
Rule 15.05 A lawyer hen advising his client, shall give a candid and honest opinion on the merits and probable
results of the clients case, neither overstating or understating the prospects of (not clear).
(Not clear) an instance of candor.

Rule 15.06 A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.
On matters of law, it is the lawyer who should hold the reins.
The client should yield to the lawyer and not the other way around.
Lawyering or being a mere mouthpiece of the client untenable arguments (Wicker vs. Arcangel)
Lawyers should advise clients on matters of decorum and proper attitude towards courts of justice
e.g. curbing the clients desire (not clear) the litigation or to (not clear) to the streets and rally
Rule 15.08 A lawyer who is engaged in another profession or occupation concurrently with the practice of law
shall make clear to his client whether he is acting as a lawyer or in another capacity.

Examples of other capacities: real estate (not clear) agent, insurance adjuster, collection

CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN HIM.

Relationship of lawyer-client is highly fiduciary and demands utmost fidelity and good faith.
(Not clear) to clients cause is the essence of the (not clear). Without this fidelity, the lawyer (not clear)
because no client will engage his (not clear).

Rosacia vs. Bulalacao

CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS POSSESSION.
TWO (2) DUAL ROLES OF THE LAWYER TO HIS CLIENT:
Fiduciary or Trustee
Utmost good faith and fidelity is required.
Strict compliance with Canons 14-22.
Agent
Appear in court in behalf of the client.
Bind the client in all matters of ordinary judicial procedure.
More than an ordinary agent (Regata vs. Sandiganbayan, G.R. No. 105938, 1996).
Lawyer is foremost an officer of the court.

LAWYERS BREACH OF CLIENTS TRUST


Illustrative Cases:
Misappropriation by lawyer of rentals (Licuanan vs. Melo, 170 SCRA 100)
Securing money from client for fictitious supersedeas bond, and appropriating the same (Docena vs.
Limon, AC No. 2387, Sept. 10, 1998)
Misappropriating money given by client to be used for amicable settlement (Navarro vs. Meneses III,
ACT No. 313, Jan. 30, 1998)
Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client.
Rule 16.02 A lawyer shall keep the funds of each client separate and apart from his own and those of others
kept by him.
Unlawful Rentention of Clients Funds:

Violation of Canon 16.


Constitutes contempt of court: Officer of the court who has misbehaved in his official transactions.
Criminal and civil prosecution.

Rule 16.04 A lawyer shall not borrow money from his client unless the clients interests are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend money to a client, except, when in
the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
Business transactions with clients:

Lawyer is not barred from dealing with his client but the business transaction must be characterized
with utmost honesty and good faith. (Nakpil vs. Valdez, AC No. 2040, March 4, 1998).

Much higher standard of good faith is required compared to business transactions that are at arms
length.

No presumption of innocence or improbability of wrongdoing is considered in the lawyers favor.

Rule 16.03 A lawyer shall deliver the funds and property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees
and disbursements, giving notice promptly thereafter to his client. He shall also have lien to the same extent on
all judgments and executions he has secured for his client as provided for in the Rules of Court.

TWO (2) KINDS OF ATTORNEYS LIENS:

RETAINING, GENERAL, POSSESSORY LIEN right of lawyer to lawfully withhold his clients property
(funds or documents) that lawfully come into his possession, until payment of his attorneys fees.
CHARGING, SPECIAL, PARTICULAR, NON-POSSESSORY LIEN right of the attorney to request the court
to annotate his claim for attorneys fees in whatever recoveries made by the client from the losing
adversary.

Why the recognition of the Atoorneys Lien?

It is but natural that the lawyer be secured in the fruits of his professional labor.
Proper administration of justice cannot be secured without an intelligent and prosperous bar. (Stansell
vs. Roach, 29 ALR 143)

Basis of Retaining Lien (Sec. 37, Rule 138, ROC)


An attorney shall have a lien:
Upon the FUNDS, DOCUMENTS and PAPERS of his client.
Which have LAWFULLY COME INTO HIS POSSESSION.
And may retain the same until his LAWFUL FEES AND DISBURSEMENTS have been paid.
And may apply such funds to the SATISFACTION thereof.
Limitations on exercise of retaining lien:

Funds, documents, and papers only


Thing retained should have lawfully come into the possession of the lawyer under circumstances
consistent with the enforcement of a lien for services. Thus, retaining lien does not apply to funds
coming into the lawyers possession in trust
A lawyer cannot retain files the client needs to pursue his case (People vs. Altvater, 78 Misc. 2d 24)
For lawful feels and disbursements only

Is retaining lien the same as retaining fee?


RETAINING (OR RETAINER) FEE A preliminary fee paid to ensure and secure a lwayers future services, to
remunerate him for being deprived of employment by other persons who may have adverse interests to that of

the client retaining the lawyers services. In the absence of an agreement to the contrary, the retaining fee is
neither made nor received in consideration of the services contemplated. Rather, it is apart from what the
client agreed to pay for the contemplated services. (Research & Services Realty, Inc. vs. CA, 266 SCRA 731)

Basis of Charging Lien (Sec.37, Rule 138, ROC)


A lawyer shall have a lien:

Upon all judgments for the payment of money, and executions issued in pursuance thereof,
Which he has secured in a litigation for his client,
From and after the time when he shall have caused a statement of his claim of such lien to be entered
upon the records of the court rendering such judgemnt, or issuing such execution, and
Shall have caused written notice thereof to be (not clear) to his client and to the adverse party.

(Slide incomplete)
Limitations on exercise of charging lien:

Applies only to the specific action in which the charging lien is recorded.
Applies only to favorable money judgments, and executions pursuant thereto.
RETAINING LIEN

CHARGING LIEN
Active
Specific
Securing favorable money judgement
for the client

EFFECTIVITY

Pasive
General
Lawful possessions of papers,
documents, and funds belonging to
client
Only documents, papers and funds in
the lawful possession of the lawyer by
reason of his professional employment
As soon as lawyer takes possession

NOTICE

Client need not be notified

APPLICABILTY

May be exercised before judgment or


execution, or regardless thereof

NATURE
BASIS
COVERAGE

(Slide Incomplete)

Covers all judgments for the payment


of money and esecutions pursuant
thereto
As soon as claim for the lien entered
into the records of the case
Client and adverse party must be
notified
Exercised only when lawyer had
already secured a favorable money
judgment

Rule 18.01 A lawyer shall not undertake a legal service which he knows or should know that he is not qualified
to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter.
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 to him and his negligence in connection
therewith shall render him liable.
Effects of Negligence and Incompetence of Lawyer:

Disciplinary action against the lawyer


Malpractice suit for damages
A criminal conviction may be set aside
A retrial may be had in civil cases

Effects of Negligence and Incompetence of Counsel IN CRIMINAL CASES

Criminal conviction may be set aside if the errors of the defense counsel were so shocking that they
deprived the accused of the constitutional right to effective counsel. (McMann vs, Richardson, 397 US
759)
Conviction may be set aside but accused must show that his counsels acts aor omissions were outside
the range of professionally competent assistance. Furthermore, the acts or omissions must have
caused actual prejudice, not just some conceivable effect on the outcome of the case. Strjckland vs.
Washington (466 US 668)

Effects of Negligence and Incompetence of Counsel in CIVIL CASES

Retrial may be conducted


Courts are slow in setting aside judments in civil cases

Diligence required of counsel:


ORDINARY CARE and DILIGENCE
A lawyer is not an insurer of the result of a case.
IS THE CLIENT BOUND BY THE NEGLIGENCE OF HIS COUNSEL?
General Rule: YES! Any at of the lawyer within the scope of his general or implied authority is considered an act
of the client.
Exception: When the application of the general rule would result to serious injustice or outright deprivation of
the clients life, liberty, or property without due process of law.
Rule 18.04 A lawyer shall keep the client informed f the status of his case and shall respond within a
reasonable time to the clients request for information.
It is also the duty of a client-litigant to be in contact with his counsel from time to time in order to be informed

of the progress of his case.


No prudent party will leave the fate of his case entirely to his lawyer. (Bernardo vs. CA, 275 SCRA 413)
Litigants should give necessary assistance to their counsel for what us at stake is their interest in the case.
(Grrenhills Airconditioning vs. NLRC, 245 SCRA 384)

CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW
A lawyers duty is not to his client but to the administration of justice; to that end, his clients success is wholly
subordinate; and his conduct ought to and must (not clear) scrupulously observant (not clear) ethics.
(Maglasang vs. (not clear) 190 SCRA 306)
Rule 19.01 A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate inpresenting or threatening (not clear) unfounded criminal (not clear) to obtain an
improperly (not clear) in any case or (not clear)
Defense of a person accused of a crime
It is the duty of the attorney, 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 (not clear) the law permits. To the
(not clear) may be deprived of life (not clear) by due process of law (not clear) (138, ROC)
Rule 19.02 A lawyer who has received information that his client (not clear) the coarse of the representation,
perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the (not clear)
failing which he (not clear) the relationship (not clear) client in accordance (not clear) Rules of Court
Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling the case
He (the lawyer) should follow his own decision and not that of his client. Thus, a lawyer may agree to postpone
the trial of the case, despite the clients contrary wishes, if the opposite (not clear) or under bereavementl, or
under (not clear) causes.
CANON 20 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Attorneys Fees, Defined
The remuneration given to a (not clear) reasonable compensation (not clear) professional services.
Rationale of Attorneys Fees
Although the legal profession not a business undertaking, the lawyer like all other human beings (not clear) to a
livelihood. (not clear) (29 ALR 143)
Ordinary Concept of Attorneys Fees:

Reasonable compensaton paid (not clear) a lawyer by his client for the legal services he has rendered to
the latter.
(not clear) employment or (not clear) of the lawyer by the (not clear)

Extraordinary Concept of Attorneys Fees:


Indemnity for damages ordered by the court to be paid by the losing party in litigation
GR: Payable to the client (not clear) between the lawyer (not clear) the attorneys fees shall (not clear) laywer
as additional (not clear) or as part thereof.
ARTICLE 2208, NEW CIVIL CODE: In the absence of stipulation, attorney and expenses of litigation, other than
judicial costs, cannot be recovered.

When exemplary damages are awarded;


When the (not clear) the plaintiff to (not clear) with third persons or to their expenses to protect his
interest;
In criminal cases of malicious prosecution against the plaintiff;
In case of a clearlt unfounded civil action or proceeding against the (not clear)
Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly
valid, just and demandable claim;
In actions for legal support;
In actions for the recovery of wages of household helpers, laborers and skilled workers;
(not clear) under workmen;s compensation and (not clear)
(not clear) to recover civil liabilty arising from a crime;
(not clear) judicial costs are awarded;
(not clear) where the court deems it just and equitable that (not clear) of litigation should be
recovered.

Presumption as to Entitlement of Attorneys Fees:


GR: If a lawyer renders valuable services to one who receives the benefits thereof, a promise to pay a
reasonable value is presumed (not clear)
How agreement re: attorneys fees made:

Oral

Written Contract for Attorneys Fees:


To avoid controversy over attorneys fees ais advisable to agree in advance as to the matter of how the lawyer is
to be compensated.
Furthermore, in case of unjustified (not clear) he shall be entitled to (not clear) full compensation based on (not
clear). The law seeks to protect (not clear) unscrupulous and ungrateful (not clear) lawyers to avoid payment.
Bases for Attorneys Fees if Contract is Implied:

Concept of Unjust Enrichment (not clear) one shall unjustly enrich himself at (not clear) another.

Interpretation of Contracts for Attorneys Fees


In case of ambiguity of contract between attorney and client concerning compensation, a (not clear) favorable
to the client (not clear) preferred. (De Los Santos (not clear), 8 SCRA 764)

Attorneys Fees are subject to judicial review


Reason: A lawyer is primarily an officer of the court charged with the duty of assisting the court in
administering (not clear) justice between the parties (not clear) his attorneys fees should (not clear) judicial
control.
Kinds of Retainer Fee Agreements
120592, March 14, 1997):
(Slide Incomplete)
General Retainer
Fee paid to a lawyer to secure his future (not clear) as general (not clear) for any ordinary lehal problem (not
clear) may arise in the routinary business of the client and referred to him for legal action. The future services
the lawyer are secured and committed to the (not clear) client. For this, the client pays the lawyer a fixed
retainer fee which could be monthly or otherwise, (not clear) their agreement. The fees are (not clear) there
are cases referred to the law (not clear) remuneration is that the lawyer (not clear) opportunity of rendering
services (not clear) party or other parties. In fine, (not clear) for lost opportunities.
Special Retainer
Fee for a specific case handled or special service rendered by the lawyer for a client. A client may have several
cases demanding special or individual (not clear) for every case there is a (not clear) independent contract for
(not clear), each fee is considered (not clear) retainer.
Kinds of Attorneys Fees Arrangements:

Fixed or Absolute Fee


Contingent Fee
Fixed Fee Payable Per Appearance
(not clear) Hourly Rate / Time Billing
(not clear) based on Piece Work

Contigent Fee Contract

A contract whereby a lawyer gets paid for services only if he wins the case for the client

A.K.A No Cure, No Pay Basis


Agreement laid down in an express contract between a lawyer and a client in which the (not clear)
professional fee, usually a fixed (not clear) what may be recovered in the (not clear) to depend upon
the success (not clear) (Taganas vs. NLRC, 348 SCRA (not clear) )

Rationale of Contingent Fee Contract


Such contract is often the (not clear) way by which the poor and helpless (not clear) their rights vindicated (not
clear)
Amount of the Contingent Fee
A contract for a contigent fee, where sanctioned by law, should be reasonable under all circumstances including
the risk and uncertainty of (not clear), and should always (not clear) to the supervision of the (not clear) its
reasonableness. (not clear) (CPE)
An attorney engaged on a contigent fee (not clear) may not, in order to collect his fees, (not clear) an appeal
despit his clients refusal to (not clear) (Leviste vs. CA, G.R. No. 29184, Jan. 30, 1989)

Contigent fee contract does not make (not clear) lawyer a creditor of the client. It neither (not clear) to
givem to the lawyer any right (not clear) personal or real, in and to the (not clear) winnings in the suit.
If the (not clear) does not occur, then the lawyer (not clear) to his fees.

Champertous Contract, Defined:


One whereby the lawyer agrees to presecute suits at his own expense the recovery of things or property
belonging to or claimed by the client the latter agreeing to pay the former (not clear) the thing or property (not
clear) as compensation.
CHAMPERTOUS CONTRACT
Lawyer undertakes to bear all expenses incident to
the litigation
Payable in cash or in kind
(not clear)

CONTIGENT CONTRACT
NA
Payable in cash or in kind
Valid

Other factors may be considered such as:

Clients ability to pay


Reasonable requests of fellow lawyers, and of their (not clear) and orphans without ample means
Responsibilty imposed
Results secured

(not clear) lawyers should avoid charges that (not clear) underestimate their legal advice and (not clear)
Why should there be a criteria for reasonable (not clear) of fees?

Excessive fees would discourage prospect clients from seeking legal reprensentation. Inadequate legal fees
might serve as a (not clear) for the lawyer to exert his (not clear) representing the client; it might (not clear)
dedicated and talented (not clear) pursuing a career in law.
When attorneys fees based on Quantum Meruit are Awarded:

When the fees stipulated appear excessive, unconscionable, unreasonable


Where there is no express contract
Where the contract of employment is void
(not clear) irregularity in its execution (not clear) matters
(not clear) agreement to pay attorneys fees (not clear) not been agreed upon

Attorneys fees where client withdraws (Sec. 26, Rule 138):


The lawyer shall recover the FULL AMOUNT of compensation stipulated (not clear) the contract if the following
condition (not clear)
(not clear) has been reduced to writing (not clear) attorney is without (not clear)
Attorneys fees where counsel withdraws

Cause is justified Quantum Meruit


Cause is not justified attorneys fee (not clear) or even forfeited

Law may limit the collection of Attorneys fees

The state as parens patriae may protect the interest of the (not clear)

Examples of law limitations on Attorneys Fees:

R.A. No. 145 (U.S. Veterans Claims) A lawyer is limited to attorneys fees of not more than Php 20.00
It shall be unlawful for any person to (not clear), in any judicial or (not clear) proceedings for the
recovery (not clear) attorneys fees which exceed (not clear) amount of wages recoevered (not clear)
(Labor Code)

Rule (not clear) A lawyer shall, cases of referral, with the consent of the client, be entitled to a division of fees
(not clear) to the work (not clear) and the (not clear assumed.
Requisites for Fee-Splitting:

Referral cases
With clients consent
(not clear) to the work performed (not clear) responsibilty assumed

Rule 20.03 A lawyer shall (not clear) without the full knowledge and consent of the client, accept (not clear)
fee, reward, costs, commissions, interests, rebate or forwarding allowance or other (not clear) whatsoever (not
clear) his professional (not clear) from anyone other (not clear) client.

Rule 20.04 A lawyer shall avoid controversies with client concerning his compensation and shall resort to
judicial action (not clear) imposition, injustice (not clear)
Assumpsit
The action filed by a lawyer (not clear) client for collection (not clear) fees.
CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATIONSHIP IS TERMINATED
Consequences of Violating Clients Confidence:
Criminal liability: Betrayal of trust by an attorney or solicitor, Revelation of Secrets (Art. 209, RPC)

Penalty: PC min, or a fine ranging from Php 200 to 1,000 or both (not clear) addition to proper
administrative (not clear)