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CANON2 - A LAWYER SHALL MAKE HIS LEGAL

SERVICES AVAILABLE IN AN EFFICIENT AND


CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.

respondent Judge deny such motion, but instead


appointed him counsel de oficio for two
defendants. A motion for reconsideration having
proved futile, he instituted this certiorari
proceeding

Issue: Should his motion to withdraw as counsel


When a lawyer decides to handle a case or extend
prosper?
his legal services (for a fee or for free), he must
see to it he must do so with efficiency and
Held: No. The respondent judges denial was
convenience at all times
proper. The crime was allegedly committed on
February 17, 1962, with the proceedings having
Rule 2.01 - A lawyer shall not reject, except
started in the municipal court of Cadiz on July 11,
for valid reasons, the cause of the
1962. The case has been postponed at least eight
defenseless or the oppressed.
(8) times. A motion for postponement for the
October 16, 1964 resumption of trial which was
DEFENSELESS those not in the position to
filed on October 15, 1964 was highly objected by
defend themselves due to poverty, weakness,
the prosecution since according to the
ignorance & similar reasons
prosecution there are two witnesses who are
OPPRESSED victims of cruelty, unlawful
ready to take the stand, after which the
exaction, domination f excessive use of authority government would rest.
*Justice be accorded w/o discrimination.
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.

In criminal cases the right to counsel is absolute.


There can be no fair hearing unless the accused
be given an opportunity to be heard by counsel.
The right to be heard would be of little avail if it
does not include the right to be heard by counsel.
Ledesma certainly he cannot afford either to
neglect his paying cases or other commitments.
*Lawyer assigned to counsel oppressed/
Nonetheless, what is incumbent upon him as
defenseless must not be asked to excused for any counsel de oficio must be fulfilled.
trivial reasons & should always exert his best
It was observed that there is no real conflict
efforts on his behalf
between his duties as election registrar and
Rule 14.04 - A lawyer who accepts the cause of a counsel de oficio.
person unable to pay his professional fees shall
Ledesma was not mindful of his obligation as
observe the same standard of conduct governing
counsel de oficio. he ought to know that
his relations with paying clients.
membership in the bar is a privilege burdened
*Legal aid not a matter of Charity but a Public
with conditions. Being appointed as counsel de
Responsibility a means of correction f social
oficio requires a high degree of fidelity..All lawyers
imbalance. Spirit of Public Service
should treat it that way as an opportunity to prove
to the community that the proper performance of
Ledesma vs Climaco 57 scra 473 G.R. No. Lhis profession is not contingent upon the payment
23815 (Jun 28, 1974)
of his fees. The legal profession is dedicated to
Facts: Atty. Ledesma was the counsel de parte
the ideal of service, and is not a mere trade. A
for one of the cases pending before the sala of
lawyer may be required to act as counsel de oficio
Judge Climaco. on October 13, 1964, was
to aid in the performance of the administration of
appointed Election Registrar for the Municipality
justice a duty each lawyer promised to
of Cadiz, Province of Negros Occidental. Then and undertake upon taking his Oath. The fact that
there, he commenced to discharge its duties. He
such services are rendered without pay should
filed a motion to withdraw from the case on the
not diminish the lawyer's zeal.
basis that his appointment as election Registrar
Rule 2.02 - In such cases, even if the lawyer
would require full time service as well as on the
Volume or pressure of work will prevent him from does not accept a case, he shall not refuse
to render legal advice to the person
handling adequate the defense. Not only did

concerned if only to the extent necessary to


safeguard the latter's rights.

Director of Religious Affairs vs Estanislao


Bayot
74 Phil 579, March 20, 1944

If lawyers, by reasons of health, cannot handle


case of detainee incarcerated in military camp, he
In June 1943, Bayot advertised in a newspaper
could advise the latters relatives to make
that he helps people in securing marriage
representations w/ proper authorities to file
licenses; that he does so avoiding delays and
petition for habeas corpus & even recommend
publicity; that he also makes marriage
competent lawyer who could render prompt
arrangements; that legal consultations are free
assistance
for the poor; and that everything is confidential.
The Director of Religious Affairs took notice of the
REFAIN FROM GIVING LEGAL ADVISE IF REASON
ad and so he sued Bayot for Malpractice.
FROM NOT ACCEPTING CASE IS CONFLICT OF
INTEREST (Bet him & prosective client, or present Bayot initially denied having published the
client & prospective client)
advertisement. But later, he admitted the same
and asked for the courts mercy as he promised to
never repeat the act again.
Rule 2.03 - A lawyer shall not do or permit to
ISSUE: Whether or not Bayot is guilty of
be done any act designed primarily to solicit
Malpractice.
legal business.
HELD: Yes. It is undeniable that the
Practice of Law profession not a money-making
advertisement in question was a flagrant violation
trade
by the respondent of the ethics of his profession,
it being a brazen solicitation of business from the
Characteristics to distinguish profession from
public. It is highly unethical for an attorney to
business:
advertise his talents or skill as a merchant
-duty of public service
advertises his wares.Section 25 of Rule 127
-duty is admin of justice involving sincerity,
expressly provides among other things that "the
integrity
practice of soliciting cases at law for the purpose
-relation to colleagues characterized by fairness
of gain, either personally or thru paid agents or
HIGHLY UNETHICAL to advertise talents/skills as
brokers, constitutes malpractice."
merchant
But due to Bayots plea for leniency and his
*TV/radio ads; self-laudatory, self-praising
promise and the fact that he did not earn any
statements.
case by reason of the ad, the Supreme Court
*Radio program of lawyer advertising skill
merely reprimanded him.
BUT legal aid program as public service is allowed
*Advertisment LOWERS THE STANDARDS OF THE
PROFESSIONS
PERMISSIBLE MODES OF SOLICITING LEGAL
BUSINESS: use of simple signs stating name of
lawyer(s), business cards (w/picture), ads in legal
periodicals bearing brief data, publication in
lawyers list. Announcement in newspaper re:
Opening of Law Firm
BEST ADVERTISMENT: well-deserved reputation
for competence, honesty

Rule 2.04 - A lawyer shall not charge rates


lower than those customarily prescribed
unless the circumstances so warrant.
IBP set schedule of Rates.. (consulation,
documentation, retainer..acceptance fees,
research, pleading, trial work..)
TO AVOID DEMEANING AND DEGRADING
COMPETITION as much as possible be in UNISON
in fees
REFRAIN from charging lower rates unless w/ valid
justifications (relatives, or very poor)