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the integrated bar, and legal Matter 1153: RE: Letter of Atty.

LEGAL ETHICS BY ATTY. LOUIE assistance to the underprivileged. Estelito Mendoza (2010)]
JOHN LOOD | Compiled by LSG
EH410 2015 Continuing Requirements for the
Practice of Law
Legal Ethics by Atty.
Nature of the Power Good and regular standing
Louie John Lood Judicial in nature Membership in the IBP
Compiled notes from power point Judicial discretion Payment of IBP dues
Payment of professional tax
SY 2015-2016
Basic characteristics of the Practice Compliance with the MCLE
INTRODUCTORY CONCEPTS of Law Possession of good moral
Significance of Legal Ethics Not a matter of right but a mere character
Guards against the abuses and ills privilege
of the profession such as Profession not a business Prohibitions and Limitations in the
dishonesty, deceit, negligence, Impressed with public interest Practice of Law
immorality and other forms Reserved only to those who are Appearance of Non-Lawyers in
of malpractice. academically trained in law Court
Raises the standard of the legal AND Possessed of good moral Practice of Law by the Public
profession. character Officials
Encourages and enhances the
respect of the la Persons entitled to practice Law Appearance of non-lawyers
Assures an effective and efficient Persons admitted as members of in court
administration of justice the bar and who are in Exceptions
Assists in the keeping and good and regular standing (Sec. 1,
Rule 138, ROC) General Rule: Only those
maintenance of law and order
who are licensed to practice
Provides basis for the weeding out law can appear and handle
of the unfit and the misfit cases in court.
Before the MTC (Sec.34,
Definition of terms Requirements for the admission to Rule 138, ROC)
Bar and Bench the Practice of Law Before any other court
Bar Admission Citizen of the Philippines (Ibid.)
Lawyer / titutlo de Abogado Resident of the Philippines In a criminal case before
counselor-at-law / attorney At least 21 years of age the MtC (Sec.7, Rule 116,
Trial Lawyer Of good moral character ROC)
Practising Lawyerr Produce before the SC satisfactory Law Student Practice Rule
Pro Se evidence of good moral (Rule 138-A, ROC)
Client character Before the NLRC (Art.
Attorney-at-law No charges involving moral 222, Labor Code)
Attorney-in-fact turpitude have been filed or Before the Cadastral
Counsel De Officio pending Court
Attorney Ad Hoc Complied with the academic Before the DARAB
Attorney of Record requirements Any official or person
Of Counsel Pass the bar examinations appointed or designated
Lead Counsel Take the lawyers oath, and in accordance with the
House Counsel Sign the Roll of Attorneys law to appear for the
government or any of its
Amicus Curiae
Supreme Court allowed Filipino officials (Sec. 33, Rule
Amicus Curiae Par Excellence 138, ROC)
graduates of foreign law schools to
Advocate take the Philippine Bar
Assumpsit Filipino citizen who are graduates of
Bar Association foreign law schools are allowed
Integrated Bar of the Philippines to take the bar examinations Practice of Law by the Public
provided they show the ff: Officials
PRACTICE OF LAW Completion of all courses leading
Regulation of Practice of Law to the degree of Bachelor LEGAL ETHICS BY ATTY. LOUIE
Supreme Court (Art.VIII, Sec. 5 (5), of Laws or its equivalent degree JOHN LOOD | Compiled by LSG
1987 Constitution Recognition of accreditation of the EH410 2015
Promulgate rules concerning the law school by the proper General Rule: the appointment or
protection and authority election of an attorney
enforcement of constitutional rights, Completion of all the fourth year to a government office disqualifies
pleading, practice and subjects in a law school him from engaging in
procedure in all courts, the duly recognized by the Philippine the private practice of law.
admission to the practice of law, Government [SC Bar
Prohibition: (i) absolutely Contempt of court o An exemplar of loyalty and fidelity
prohibited; (ii) not absolutely Criminal complaint for estafa to the courts
prohibited Suspension or disbarment and to clients
Administrative complaint against o A model to emulate both in his
Absolutely Prohibited Not Absolutely the government official professional and
Prohibited, private life
Special Restrictions CODE OF PROFESSIONAL By swearing the lawyers oath, an
Judges and other RESPONSIBILITY attorney becomes a
officials or employees History and Background of the Code guardian of truth and the rule of
of the superior court of Professional Responsibility law, and an
Officials/employees of Initially drafted in 1980 by the IBP indispensable instrument in the fair
the OSG Committee on and impartial
administration of justice.
Government responsibility, Discipline and
prosecutors Disbarment
President, VP, Promulgated on 21 June 1988 by Duties of an Attorney (Section 20,
Members of the the Supreme Court Rule 138, Rules of Court)
Cabinet, their deputies (a) To maintain allegiance to the
and assistants Code of Professional Responsibility Republic of the
Embodiment into one Code of the Philippines and to support the
Chairman and
various pertinent and Constitution and obey
members of the
subsisting rules, guidelines and the laws of the Philippines
standards on the rule of (b) To observe and maintain the
conduct of the lawyers sourced from respect due to the courts
Ombudsman and his
the Constitution, of justice and judicial officers
deputies (c) To counsel or maintain such
Governors, city and Rules of Court, Canons of
Professional Ethics, Statutes, actions or proceedings
municipal mayor only as appearing to him to be just,
Civil service officers or special laws, treatises and decisions
which must be and such defenses
employees whose only as he believes to be honestly
observed by all members of the Bar
duties required them to debatable under the
in the exercise of their
devote their entire law
profession whether in our out of the
time at the disposal of (d) To employ, for the purpose of
court, as well as in
the government maintaining the causes
their public or private lives.
Those who are by confided to him, such means only
special law are as are consistent
prohibited from The Four-Fold Duties of a Lawyer with truth and honor, and never
engaging in the practice The Lawyer and Society Canons 1 seek to mislead the
of legal profession 6 CPR judge or any judicial officer by an
Senators and The Lawyer and the Legal artifice or sales
Members of the Profession statement of fact or law
House of Canons 7 9 CPR (e) To maintain inviolate the
Representatives The Lawyer and the Courts Canons confidence, and at every
Members of the 10 13 CPR peril to himself, to preserve the
Sanggunian The Lawyer and the Client Canons secrets of his client,
Retired Justice or 14 22 CPR and to accept no compensation in
Judge connection with his
Civil service officers clients business except from him or
or employees
knowledge and approval.
whose duty does
not require their CANON 1 Duty to Uphold the
entire time to be at Constitution and the Laws
the disposal of the Lawyers primary duty to society
government Also includes the duty to obey Rule 1.01 Duty not to engage in
legal orders and processes unlawful, dishonest, immoral or
Proceedings where lawyers are of the court deceitful conduct
prohibited from appearing Unlawful conduct transgression
In all Katarungang Pambarangay The Lawyers Oath is a condensed of any provision of law,
proceedings. Code of ethics need not be penal law.
(R.A. 7169, Sec. 415; see also Dishonest act act of lying or
A solemn affirmation of the
Magno v. Jacoba, A.C. No. cheating
lawyers lifetime
6296, 22 November 2005) commitment to be: Grossly immoral or deceitful
Small Claims Cases (Rules of o A loyal citizen conduct a conduct which is
Procedure of Small Claims o A law-abiding person willful, flagrant, or shameless, and
Cases) o A defender of truth and justice which shows a moral
indifference to the opinion of the
o An advocate of the rule of law
Sanctions for practice or good and respectable
appearance without authority
members of the community; relations. After the courts and public;
involves moral turpitude marriage of the woman Subordination of perjury
Canon 1 Duty to Uphold the to his son, the lawyer Mulcting of innocent persons by
Constitution and the Laws continued his judgments upon
Rule 1.01 Duty not to engage in adulterous relations manufactured causes of actions.
unlawful, dishonest, with her. Defrauding of injured persons
immoral or deceitful conduct DISBARRED having proper causes of
Rule 1.02 Duty not to counsel illegal 6. Lawyer inveigling a action but ignorant of legal rights
activities woman into believing and court procedure by
Rule 1.03 Duty not to encourage that they had been means of contracts which retain
lawsuits; duty not to married civilly to satisfy exorbitant percentages
delay any mans cause carnal desires. of recovery and illegal charges for
Rule 1.04 Duty to encourage DISBARRED court costs and
amicable settlement 7. Lawyer taking expenses and by settlement made
advantage of his for quick returns of
LEGAL ETHICS BY ATTY. LOUIE position as chairman of fees and against the just rights of
JOHN LOOD | Compiled by LSG the college of medicine the injured persons.
EH410 2015 and asked a lady
Moral turpitude an act of student to go with in
Rule 1.04 Duty to encourage
Manila where he had
baseness, vileness or amicable settlement
carnal knowledge of her
depravity in the duties which one Whenever the controversy will
under the threat that if
person owes to another admit of fair judgment,
she refused, she would
or to the society in general which is the client should be advised to
flunk in all her subjects.
contrary to the usually avoid or to end the
accepted and customary rule of litigation. (to avoid litigation
right and duty which a expenses and to help courts
person should follow in the declogging of cases)
A lawyer cannot compromise case
Examples of crimes involving moral without clients
turpitude consent (Sec. 23, Rule 138, rules of
Rule 1.02 Duty not to counsel
Estafa Court)
illegal activities
Bribery Effect of compromise without
Duty to be performed within the
Murder bounds of the law clients authority/ consent:
Seduction Model in the community insofar as unenforceable, meaning be ratified
Abduction respect for law is by the client if he/she
Concubinage concerned so desires.
Smuggling Rule 1.03 Duty not to
Falsification of public document encourage lawsuits; duty not to CANON 2 Duty to be an
Violation of B.P. 22 delay any Efficient Lawyer
mans cause
Instances of gross Immorality The lawyer owes it to the society Canon 2 Duty to be an Efficient
Corresponding Penalty and to the court the duty Lawyer
1. Abandonment of wife not to stir up litigation Rule 2.01 Duty not to reject the
and cohabiting with The reason for the rule: to prevent cause of the defenseless
another woman. BARRATRY and or oppressed
DISBARRED AMBULANCE CHASING Rule 2.02 Duty not to refuse to
2. Bigamy perpetrated by render legal advice to the
the lawyer. Definition defenseless or oppressed
DISBARRED Barratry act of fomenting suits Rule 2.03 Duty not to do or permit
3. A lawyer who had carnal among individuals and offering his to be done any act to
knowledge with a legal services to one of them for solicit legal business
woman through a monetary motives or purpose. Rule 2.04 Duty not to charge rates
promise of marriage Ambulance Chasing act of chasing lower than those
which he did not fulfill (figuratively speaking) an customarily prescribed
DISBARRED ambulance carrying the victim of an
4. Seduction of a woman accident for the purpose of Rule 2.01 Duty not to reject
who is the niece of a talking to the said victim or the cause of the defenseless or
married woman with relatives and offering his legal oppressed
whom the respondent service Oppressed the victims of cruelty,
lawyer had adulterous for the filing of a case against the unlawful exaction,
relations. person who cause the accident. domination or excessive use of
DISBARRED authority
5. Lawyer arranging the Evils Spawned by Ambulance Defenseless those who are not in
marriage of his son to a Chasing: a position to defend
woman with whom the Fomenting of litigation with themselves due to poverty,
lawyer had illicit resulting burdens on the weakness, ignorance or other
similar reasons A duty of public service, of which Rule 3.04 Duty not to seek
Rations: it is the lawyers prime the emolument is a by- publicity
duty to see to it that justice product, an in which one may attain
is accorded to all without the highest eminence Canon 3.01 Duty not to use or
discrimination without making much money. permit use of self-praises or
A relation as an officer of ourt to false
the administration of claims on qualifications or
Legal Aid is a matter of Public justice involving sincererity, quality of legal services
Responsibility integrity, and reliability. Use true, honest, fair, dignified
It is a means for the correction of A relation to clients in the highest and objective information.
social imbalance that may degree of fiduciary. The unethical act may be done by
and often do lea to injustice. A relation to colleagues the lawyer personally
characterized by candor, fairness or through another with his
Rule 2.02 Duty not to refuse and unwillingness to resort to permission
to render legal advice to the current business methods
defenseless or oppressed of advertising and encroachment on Reasons for the Prohibition
If only to the extent necessary to their practice or The profession is primarily for
safeguard the latters right dealing directly with their clients. public service
Commercializes the profession
LEGAL ETHICS BY ATTY. LOUIE Best Advertisement for a Lawyer Involves self-praise and puffing
JOHN LOOD | Compiled by LSG A well-deserved reputation for Damages public confidence
EH410 2015 competence, honesty and May increase lawsuits and result in
Advice may be on what fidelity to private trust and public
needless litigation
preliminary steps to take until the duty.
client has secured the services of By his honesty, he gains public In Re: Tagorda, 53 Phil. 42
counsel. But he shall confidence and this public LUIS B. TAGORDA
refrain from giving legal advice if confidence is his greatest Attorney
the reason for not advertisement. Notary Public
accepting the case is that there
involves a conflict of interest Rule 2.04 Duty not to charge Province of Isabela
between him and the prospective rates lower than those (NOTE. As notary public, he can
client or between a customarily execute for you to deed of sale
present client and a prospective prescribed for the purchase of land as required
client. Rationale: to avoid any demeaning by the cadastral office, can
and degrading renew lost documents of your
Rule 2.03 Duty not to do or
competition animals, can make your
permit to be done any act to
Exceptions: (i) relatives; (ii) application and final requisites for
Indigents / poor your homestead, and can
legal business
Note: Rule 20.01 the customary execute any kind affidavit. As a
Reasons for the Prohibition:
charges for similar lawyer, he can help you collect
The profession is primarily for your loans although long overdue,
public service services and the schedule of fees of
the IBP chapter to as well as any complaint for
Commercializes the profession or against you. Come or write to
which he belongs
Involves self-praise and puffing him in his town, Echague, Isabel.
Damages public confidence He offers free consultation, and is
May increase lawsuits and result in willing to help and serve the
needless litigation poor.)

Solicitation of Legal Business, When Linsangan v. Atty. Tolentino, A.C.

CANON 3 Duty of Honest and
Permissible No. 6672
Dignified Pronouncement of
Must be compatible with the NICOMEDES TOLENTINO
dignity of the legal LAW OFFICE
Use of simple signs stating the W/ FINANCIAL ASSISTANCE
Canon 3 Duty of Honest and
name of the lawyer; use of Dignified Pronouncement of Legal
professional cards bearing the name Rule 3.02 Duty not to use
Service false, misleading or assumed
of the lawyer, his Canon 3.01 Duty not to use or
office/law firm connected, address, name for
permit use of self-praises a firm name.
telephone number, or false claims on qualifications or
special branch of law practiced. No name not belonging to any of
quality of legal services
Advertisements in legal periodicals the partners or
Rule 3.02 Duty not to use false,
associates may be used in the firm
Publication in reputable law lists. misleading or assumed
name for any purpose
name for a firm name
Primary characteristics which A lawyer is not authorized to use
Rule 3.03 Duty to withdraw from
distinguishes the legal profession in his practice of law a
the firm when lawyer
from business accepts public office
name other than the one inscribed CANON 4 Duty to support the MCLE requirements shall be under
in the Roll of improvement of the legal oath and supported by
Attorneys. system documents.
Lawyers as officers of the court
Use of a deceased partners must assist in the Section 1, Rule 12: What
name administration of justice constitutes non-compliance
Use of a foreign law firms CANON 5 Duty to keep abreast
name of legal developments Failure to complete the
Allowed Lawyers must update themselves educational requirement within
Reason: all of the with the law and must the compliance period.
partners, by their participate in the dissemination Failure to provide attestation of
joint efforts, thereof
compliance or
contributed to the Judges must also keep abreast of exemption.
goodwill attached to the laws, rulings and Failure to provide satisfactory
the firm name. doctrines of the Supreme Court
evidence of compliance
Use of a cross after Three-fold obligation of a lawyer
(including evidence of exempt
the name of the concerning the requirement
status) within the
deceased partner of continuing legal education
prescribed period.
Unethical First he owes it to
Failure to satisfy the educational
Reason: Foreign himself to
requirement and furnish
firm is not evidence of such compliance within
improving his
authorized to 60 days from receipt
knowledge of the
practice law in the of a non-compliance notice.
country. Failure to pay non-compliance fee
Second he owes it
to his profession within the prescribed
Rule 3.03 Duty to withdraw period
to take an active
from the firm when lawyer Any other act or omission
interest in the
accepts analogous to any of the
maintenance of
public office foregoing or intended to circumvent
high standards of
Rationale: to prevent the law firm or evade compliance
legal education
or partners from Third he owes it to with the MCLE requirements
making use of the name of the the lay public to
public official to attract make the law a Section 1, Rule 7: Parties
legal businesses and to avoid part of their social exempted from the MCLE
suspicion of undue consciousness
1. President, VP, the Secretaries and
Mandatory Continuing Legal Undersecretaries of
Rule 3.04 Duty not to seek Education (MCLE) executive departments
publicity Section 2, Rule 7: Other parties 2. Senators and Members of the
exempted from the MCLE House of Representatives
LEGAL ETHICS BY ATTY. LOUIE Those who are not in law practice, 3. The Chief Justice and Associate
JOHN LOOD | Compiled by LSG private or public Justices of the Supreme
EH410 2015 Those who have retired from law Court, incumbent and retired
Rationale: To prevent some practice with the members of the judiciary,
lawyers from gaining an approval of the IBP Board of incumbent members of the JBC,
unfair advantage over others thru Governors incumbent members of
the use of gimmickry, the MCLE Committee, incumbent
press agentry, or other artificial court lawyers who have
Section 3, Rule 7: Good cause
means. availed of the PhilJA program of
for exemption or modification of
If competitive advertising is continuing legal
allowed, this may lead to education.
A member may file a verified
selflaudations, 4. The Chief State Counsel, Chief
request setting forth good
encourage State Prosecutor and
cause for exemption from
lawyers Assistant Secretaries of the DOJ
compliance with or
to 5. The Solicitor General and the
modification of any of the
engage Assistant Solicitor General
requirements, including an
in 6. The Government Corporate
extension of time for compliance, in
overreaching, Counsel, Deputy and
accordance with the
Assistant Government Corporate
procedure to be established by the
overcharging, Counsel
MCLE Committee.
7. The Chairmen and Members of
underrepresentation and the Constitutional
Section 5, Rule 7: Proof of
misrepresentation. Commission
8. The Ombudsman, the Overall
Applications for exemptions from Deputy Ombudsman, the
or modification of the Deputy Ombudsmen and the
Special Prosecutor of the
Office of the Ombudsman Rule 6.03 Restrictions against
9. Heads of the government government lawyers who
agencies exercising quasijudicial left the service
Rule 6.01 Duty to see to it
10. Incumbent deans, bar reviewers What is the rule on new bar that justice is done
and professors of law passers? Public Prosecutor
who have teaching experience for MCLE Governing Board Order a quasi-judicial officer and as such,
at least 10 years in No. 1, s. 2008, provides: he should seek equal
accredited law school . . . .lawyers who pass the Bar and impartial justice. He should be
11. The chancellor, Vice-Chancellor when only 4 months or less concerned with seeing
and members of the remain of the compliance period, that no innocent man suffers as in
Corps of professors and Professional are exempted from seeing that no guilty
Lectures of the complying with the MCLE man escapes.
PhilJA requirement for the said is under no compulsion to file a
12. Governors and Mayors compliance period. They shall particular criminal
comply with the MCLE information where he is not
What is the requirement of requirements for the next convinced that he has
completion of MCLE? compliance period. However, evidence to prop up the averments
Members of the IBP shall lawyers who are admitted to the Bar thereof, or that the
complete, every 3 years, at least either one year after evidence at hand points to a
36 hours of continuing legal different conclusion.
education activities (Section 2, LEGAL ETHICS BY ATTY. LOUIE (People v. Pineda, 20 SCRA 748
Rule 2). JOHN LOOD | Compiled by LSG [1967])
EH410 2015
Who are required to comply with the start of the current compliance Rule 6.02 Duty not to use his
the MCLE requirement? period or two years public position to promote or
MCLE is required of members of after the start of the said advance private interest
the Integrated Bar of the compliance period are required Applies to:
Philippine (IBP), unless exempted to comply with the MCLE in 1. lawyers in government service
accordance with the MCLE allowed by law to engage
What is the purpose of MCLE? Governing Board resolution dated in private practice concurrently; and
To ensure that throughout their October 20, 2004. 2. those who, though prohibited
career, (1)lawyers keep from engaging in the
abreast with law and jurisprudence, Rule 13: Consequence of Non- practice of law, have friends, former
(2) maintain the ethics Compliance associates and
of the profession, and (3) enhance Section 1. Non-Compliance Fee relatives who are in the practice of
the standards of the Section 2. Listing as Delinquent law
practice of law (Section 1, Rule 1) Member
Section 3. Accrual of Membership Promotion of private interest
What are MCLE Compliance Periods? Fee includes soliciting gifts or anything
1st Compliance Period: April 15, of
2001 April 14, 2004 B.M. No. 1922 ( 3 June 2008) monetary value in any transactions
2nd Compliance Period: April 15, Re: Number and Date of MCLE requiring the approval of his
2004 April 14, 2007 Certificate of Completion/Exemption office or which may be affected by
3rd Compliance Period: April 15, required in all Pleadings/Motions the functions of his office.
2007 April 14, 2010 As of January 1, 2009, all lawyers
4th Compliance Period: April 15, are required to indicate Rule 6.03 Restrictions against
in all pleadings filed before the government lawyers who left
2010 April 14, 2013
courts or quasi-judicial the
5th Compliance Period: April 15,
bodies the NUMBER and the DATE of service
2013 April 14, 2016
ISSUE of their MCLE Rationale: To avoid conflict of
Certificate of Compliance or interest, to preclude the
OCA Circular No. 79-2014 (May
Certificate of Exemption for lawyer from using secrets or
16, 2014)
the immediately preceding information learned in his
Failure to disclose: Penalty and
compliance period. official capacity or to prevent the
Disciplinary Action appearance of
Fine: 2k (1st), 3k (2nd), 4k (3rd); impropriety.
and CANON 6 The Canons apply to
lawyers in government service Violation of restriction. Tantamount
Listed as delinquent member; and to representing
Discharged from the case and the conflicting interest.
client allowed to secure CANON 6 The Canons apply to
the services of a new counsel with lawyers in government service
Code of Conduct and Ethical
the concomitant right to Rule 6.01 Duty to see to it that
Standards (RA 6713)
demand the return of the fees justice is done
All public officials and employees,
already paid to the noncompliant Rule 6.02 Duty not to use his
whether lawyers or non-lawyers
lawyer public position to promote
are governed by this code
or advance private interest
Provides the standards of personal transaction with their office. Rule 7.01 - Duty not to make
conduct in the discharge and These prohibitions shall continue to false statements or suppress a
execution of official duties apply for a period of 1 year material fact in connection with
after resignation, retirement or application for admission to the
Public Office is a Public Trust separation from public office, bar
Lawyers in government are public except in case of subparagraph (2) A lawyer is expected to be honest
servants who owe the above, but the professional from the moment he
utmost fidelity to the public service. concerned cannot practice his applies for admission to the bar.
Thus, they have to be profession in connection with any However, the falsity
more sensitive in the performance matter before the office he used to referred in this Canon must be
of their professional be with, in which case the one knowingly done
obligations. year prohibition shall likewise apply. Consequences of knowingly
A lawyer in public service is a making a false
keeper of public faith and is RA 910 Section 1 (Condition of statement/suppression of material
burdened with a high degree of Pension) An Act to Provide for fact in the application
social responsibility, the for admission to the Bar
perhaps higher than his brethren in Retirement of Justices as o If discovered before the Bar
private practice amended by RA 9946 exams, denied
(Vitriolo v. Dasig, 400 SCRA 172 No retiring justice or judge during permission to take the exams
[2003]) the time that he is receiving said o If discovered after the candidate
pension shall appear as counsel in passed the Bar
Canon 6 makes the Code applicable any court in any civil case wherein exams but before having taken the
to lawyers in government the government or any of its lawyers
service subdivision or instrumentality is an oath, not allowed to take the
Rationale: A lawyer does not shed adverse party, or in a criminal case lawyers oath
his professional wherein an officer or employee o If discovered after the candidate
obligations upon his assuming of the government is accused of an had taken his
public office offense related to his official oath, his name will be taken off the
functions, or collect any fee for his
Misconduct in the Discharge of Roll of
appearance in any administrative Attorneys
Official Duties as
proceedings to maintain an interest
Government Official
adverse to the government.
RULE: may not be disciplined as a Effects if what is concealed is a
member of the bar for RA 3019, Section 3 (d) Anti- crime not involving moral
the misconduct in the discharge of Graft and Corruption Practices turpitude
his official duties. Act 1. Concealment will be taken
EXCEPTION: If the misconduct of a Accepting or having any member of against him. The
government official is of his family accepts employment mere act of concealment and not
such character as to affect his in a private enterprise which has the
qualification as a lawyer or pending official business with him commission of the crime makes him
show moral delinquency. during the pendency thereof or morally
within one year after its unfit to become a lawyer
RA 6713, Section 7 (b) (Code of termination. 2. When he made the concealment,
Conduct and Ethical Standards) he
(b) Outside employment and other perpetrated perjury.
activities related thereto. 3. As to what crime involves moral
Public officials and employees THE LAWYER AND THE LEGAL turpitude, is for
during their incumbency shall not: PROFESSION the Supreme Court to determine
1. Own, control, manage or accept CANON 7 Duty to uphold the
employment as office dignity of the legal profession
Rule 7.02 Duty not to support
employee, consultant, counsel, unqualified bar applicant
broker, agent, trustee Canon 7 Duty to uphold the
or nominee in any private dignity of the legal profession
Rule 7.01 Duty not to make false A lawyer should aid in guarding
enterprise regulated,
statements or suppress the Bar against admission
supervised or licensed by their
a material fact in connection with of unfit/unqualified applicants
office unless expressly
allowed by law. application for The act of supporting the
2. Engage in the private practice of admission to the bar application to the Bar of any
their profession unless person known to him to be
authorized by the constitution or unqualified constitutes gross
law, provided that misconduct in office (Rule 138, Sec.
JOHN LOOD | Compiled by LSG
such practice will not conflict or 27, RRC)
EH410 2015
tend to conflict with Rule 7.02 Duty not to support
their official functions; or Rule 7.03 Duty not to engage
unqualified bar applicant
3. Recommend any person to any in conduct adversely affecting
Rule 7.03 Duty not to engage in
position in a private the
conduct adversely
enterprise which has a regular or legal profession
affecting the legal profession
pending official
There is no distinction as to extenuates liability. Rule 9.01 Duty not to delegate
whether the transgression is legal work to unqualified
committed in the lawyers Rule 8.02 Duty not to persons
professional capacity or in his encroach upon the professional
private life or in his private employment of another lawyer Public policy requires that practice
transaction because a lawyer of law be limited only
may not divide his personality so as A lawyer should not steal another to those individuals found duly
to be an attorney at lawyers client nor qualified in education and
one time and a mere citizen at induce the latter to retain him by character.
another. promise of better Rationale: To protect the public,
The conduct of nobility and service, good results or reduced the court, the client and
uprightness should stay with fees nor should he the bar from the incompetence or
him whether in his public/private life disparage another or make dishonesty of those
unnecessary comparisons. In unlicensed to practice law and not
CANON 8 Duty of Professional short, no to yellow submarine. subject to the
Courtesy disciplinary control of the court
No encroachment when
Canon 8 Duty of Professional previus lawyer was Assuming to be an
Courtesy already dismissed attorney or an officer of
Rule 8.01 Duty not to use abusive Lawyer shall not a court and acting as
and improper language negotiate with the such without authority
Rule 8.02 Duty not to encroach opposite party who is Indirect Contempt- fine,
upon the professional represented by counsel imprisonment or both
employment of another lawyer Lawyer may interview any (Sections 3 & 7, Rule 71,
witness or prospective Rules of Court)
witness for the opposing
Rule 8.01 Duty not to use It is but proper to give JOHN LOOD | Compiled by LSG
abusive and improper language advice and assistance to EH410 2015
victims of unfaithful and Corruptly or willfully
To maintain the dignity of the legal neglectful counsel appearing as an
profession, lawyers attorney for a party to a
CANON 9 Duty to Shun case without authority
must conduct themselves
Unauthorized Practice of Law to do so
honorably, fairly and candidly
toward each other. Respect Suspension or disbarment
generates respect. Canon 9 Duty to shun (Section 27, Rule 138,
Lawyers should treat each other unauthorized practice of law Rules of Court)
with courtesy, fairness, Rule 9.01 Duty not to delegate
candor and civility. legal work to unqualified Unqualified person- not limited to
a. Any kind of language which persons non-lawyers but also lawyers
attacks without Rule 9.02 Duty not to divide legal who are suspended or disbarred or
foundation the integrity of the fees with non-lawyers whose authority to practice has
opposing been withdrawn due to a change in
counsel or the dignity of the court What is the rationale for the the citizenship or allegiance to
may be prohibition against the practice of the country
stricken off the records or may law
subject a lawyer by a layman? Rule 9.02 Duty not to divide
to disciplinary action It is grounded in the need of the legal fees with non-lawyers
b. The lawyers arguments, whether public for integrity and
written or competence of those who General Rule- Non-lawyers are not
oral, should be gracious to both the undertake to render legal entitled to attorneys fees
court and services. Because of the fiduciary Rationale: If attorneys fees were
the opposing counsel and be of and personal character allowed to non-lawyers,
such words as of the lawyer-client relationship and it would leave the public in hopeless
may be properly addressed by one the inherently confusion as to
gentleman complex nature of our legal system, whom to consult in case of
to another the public can better necessity and also to leave the
c. Lack or want of intention is no be assured of the requisite bar in a chaotic condition, aside
excuse for the responsibility and competence from the fact that nonlawyers
disrespectful language employed. if the practice of law is confined to are
Counsel those who are subject not
cannot escape responsibility by to the requirements and regulations amendable
claiming that imposed upon the to
his words did not mean what any members of the legal profession. disciplinary
reader must measures.
have understood them as meaning.
At best, it
Exceptions: rulings of the court may lose their
Where there is a pre-existing The Lawyers Oath mandates the proper and correct meaning, to
agreement with a lawyer: the detriment of other courts,
partner or associate that upon the o To do no falsehood lawyers and the public who may
latters o Nor consent to the doing of the thereby be misled.
death, money shall be paid over a same in court
reasonable o To conduct himself as a lawyer
period of time to his estate or to according to the
persons best of his knowledge and
specified in the agreement A lawyer is prohibited from:
discretion with all
Where a lawyer undertakes to Knowingly misquoting or
good fidelity to the court
complete misrepresenting contents of a
unfinished legal business of a Some cases of falsehoods which paper and language or argument of
deceased lawyer merited discipline: the opposing counsel
Where a lawyer or law firm Lawyers falsely stating in a deed Knowingly citing as law, a
includes non-lawyer of sale that property provision already rendered
employees in a retirement plan, is free from all liens and inoperative by repeal or
even if the plan encumbrances when it is not amendment
is based in the whole or in part, on so Asserting as a fact that which has
a profit (Sevilla v. Zoleta, A.C. No. 31, not been proved
sharing arrangement March 28, 1955)
a. Compensation for services Lawyers making it appear that a Quote VERBATIM: In citing the SC
rendered by the deceased person, long dead, decisions and rulings, it is the
lawyer executed a deed of sale in his favor duty of the courts, judges and
b. The person who undertakes (Monterey v. Arayata, Per. Rec. Nos. lawyers to reproduce or copy word
is a lawyer 3527,3408, per word as well as punctuations
c. Not a division of fees but a August 23, 1935)
pension representing Rule 10.03 Duty to observe
Lawyer encashing a check payable
additional deferred wages the rules of procedure; duty not
to a deceased
to the employees past to
cousin by signing the latters name
services misuse the rules
on the check (In
re Samaniego, A.C. No. 74,
Rationale: Procedures are
November 20,1959)
instruments in the speedy and
Lawyer falsifying a power of efficient
LEGAL ETHICS BY ATTY. LOUIE attorney and used it in administration of justice. They
JOHN LOOD | Compiled by LSG collecting the money due to the should be used to achieve such end
EH410 2015 principal and and not derail it.
LAWYER AND THE COURTS appropriating the money for his own
CANON 10 Duty of Candor, benefit * A lawyer should always bear in
Fairness and Good Faith to the (In re: Rusina, A.C. No. 270, May 29, mind that the Rules of Procedure,
Courts 1959) like the Rules of Court, are intended
CANON 10 Duty of Candor, Lawyer denying having received to facilitate the delivery of
Fairness and Good Faith to the the notice to file justice to those whom it is due
Courts brief which denial is belied by the without unnecessary expense and
Rule 10.01 Duty not to do any return card waste of time for truly, justice
falsehood; duty not to (Ragacejo v. IAC, 153 SCRA 462) delayed is justice denied. Rules of
mislead Lawyer falsifying Sheriffs Return Procedure must be used to attain
Rule 10.02 Duty not to knowingly and seeking the such objective. Any lawyer who
misquote or default of the defendant uses them to defeat or frustrate the
misrepresent (Libit v. Oliva, 237 SCRA 375) ends of justice deserves
Rule 10.03 Duty to observe the Using in pleadings the IBP number condemnation.
rules of procedure; duty of another lawyer
not to misuse the rules (Bongolato v. Castillo, CBD No. 176, CANON 11 Duty to give
Jan. 1, 1995) respect to the Courts
A lawyers conduct before the court
Manufacturing, flaunting and using CANON 11 Duty to give respect to
should be characterized by
a spurious CA the Courts
candor and fairness. His duty is to
resolution before the RTC Rule 11.01 Duty to appear in court
uphold the dignity and authority
(Florido v. Florido, A.C. No. 5624, properly attired
of the courts to which he owes
January 20, 2004) Rule 11.02 Duty to be punctual at
fidelity, not to promote distrust in
court hearings
the administration of justice
Rule 10.02 Duty not to Rule 11.03 Duty to abstain from
Rationale: The burden cast on the
knowingly misquote or scandalous, offensive,
judiciary would be intolerable if
misrepresent or menacing language or behavior
it could not take at face value what
before the courts
is asserted by counsel
Rationale: If not faithfully and Rule 11.04 Duty not to attribute to
Rule 10.01 Duty not to do any
exactly quoted, the decisions and a judge motives not
falsehood; duty not to mislead
supported by the record or having therein. the courts is essential to the orderly
no materiality to the Rule 11.01 Duty to appear in administration of
case court properly attired justice. Hence, in the assertion of
Rule 11.05- Duty to submit As an officer of the court and in the clients rights,
grievances against a judge to order to maintain the lawyers even those gifted with
the proper authorities dignity and respectability of the superior intellect, are
legal profession, a lawyer enjoined to rein up their tempers
Rationale: Disrespect towards the who appears in court must be (Zaldivar v Gonzales,
court would necessarily properly attired. 166 SCRA 316, 1988).
undermine the confidence of the Consequently, the court can hold a There is no defense against the
people in the honesty and lawyer in contempt of use in pleading by a lawyer
integrity of the members of the court if he does not appear in of disrespectful, threatening,
court, and consequently to lower or proper attire. Any deviation abusive and abrasive
degrade the administration of from the commonly accepted norm language. It cannot be justified by
justice by the court. of dressing in court is the constitutional
It is one of the bounden duties of enough to warrant a citing for rights of free speech for such right
an attorney to observe contempt. is not absolute and its
and maintain the respect due to the Respect begins with the lawyers exercise must be within the context
courts of justice and outward physical of a functioning and
judicial officers (Rule 138, Section appearance in court. orderly system of dispensing
20 [b], RRC). The The traditional attires for male justice.
respect is not only toward the lawyers in the Philippines Pleading containing derogatory,
Justices and Judges but also are the long-sleeve Barong Tagalog offensive or malicious
to the other officers of the Courts or coat and tie. statements submitted to the courts
like Clerks of Court, Female lawyers appear in semi- or judge in which the
Sheriffs and other judicial officers formal attires. Judges also proceedings are pending constitutes
who take part in the appear in the same attire in direct contempt.
judicial work. addition to black robes. The lawyers disavowal of any
Lawyers must be respectful not Courts have ordered a male offensive intent-
only in their actions but attorney to wear a necktie in using defamatory words is of no
also in their use of language and have prohibited a female avail.
whether in oral arguments or attorney from wearing a Lack or want of intention is no
pleadings. hat. However, the prohibition of a excuse for the
Criticisms of Courts must not spill dress whose hemline disrespectful language employed.
over the walls of was five inches above the knee was At best, it
decency and property: held to be acceptable extenuates liability (Rheem of the
Freedom of speech is not absolute, as such had become an accepted Philippines v
and must mode of dress even in Ferrer, 20 SCRA 441; please see
occasionally be balanced with the places of worship. also Rule 8.01)
requirements Sloppy or informal attire adversely
of equally important public reflects on the lawyer
interests, such as and demeans the dignity and
the maintenance of the integrity of solemnity of court Rule 11.04 Duty not to
the courts proceedings. attribute to a judge motives not
and orderly functioning of the Rule 11.02 Duty to be supported by the record or
administration of punctual at court hearings having no materiality to the
justice. A lawyer owes the court and his case
Thus, the making of the client the duty to The rule allows such criticism so
contemptuous punctually appear at court long as it is supported by
statements directed against the proceedings the record or it is material to the
Court is not an He shall delay no man for money case. A lawyers right to
exercise of freedom of speech,
or malice (Lawyers oath) criticize the acts of courts and
rather, it is an
Inexcusable absence from, or judges in a proper and
abuse of such right. Unwarranted
repeated tardiness in respectful way and through
attacks on the
attending a pre-trial or hearing may legitimate channels is well
dignity of the courts cannot be
subject the lawyer to recognized. The cardinal
disguised as free
disciplinary action as his actions condition of all such criticism is
speech, for the exercise of said right
showing disrespect to the that it shall be bona fide, and shall
cannot be
court makes him guilty of not spill over the walls
used to impair the independence
contemptuous behavior. of decency and propriety.
and efficiency
Rule 11.03 Duty to abstain When public comments and
from scandalous, offensive, or criticisms of a court decision are
LEGAL ETHICS BY ATTY. LOUIE menacing language or behavior permissible and when would it be
JOHN LOOD | Compiled by LSG before the courts improper?
EH410 2015 The lawyers duty to render A lawyer, like every citizen, enjoys
of courts or public respect and respectful subordination to the right to comment
on and criticize the decision of a Constitution, Article VIII, Section 6. continuance of an action or
court. As an officer of the The Supreme Court shall have proceeding, or delay any mans
court, a lawyer is expected not only administrative supervision over all cause,
to exercise that right courts and the personnel from any corrupt motive or interest
but also to consider it his duty to thereof. Rule 12.01 Duty to adequately
expose the shortcomings An administrative complaint is not prepare for trial
and indiscretions of courts and an appropriate remedy A lawyer shall not handle any legal
judges. But such right is where judicial recourse is still matter without adequate
subject to the limitations that it available, such as a motion preparation (Rule 18.02)
shall be bona fide. It is for reconsideration, an appeal, or a A lawyer should never come to
proper to criticize the courts and petition for certiorari, court unprepared. Most cases
judges, but it is improper unless the assailed order or decision brought to court without
to subject them to abuse and is tainted with fraud, preparation are cases lost. Half of
slander, degrade them or malice or dishonesty. (Santiago III v the
destroy public confidence in them. Justice Enriquez, Jr. work of a lawyer is done in the
Moreover, a lawyer AM No CA-09-47-J, February 13, office. It is spent in study and
shall not be attribute to a judge, 2009) research. Inadequate preparation
motives not supported What is the coverage of Rule 139-B obstructs the administration of
by the record or have no materiality of the Rules of Court? Are the justice
in the case. judges and justices covered by this Rule 12.02 Duty not to engage
What a lawyer can ordinarily say Rule? in forum shopping
against a concluded litigation and Members of the judiciary are Forum shopping: the institution of
the manner the judge handed down excluded from the coverage two or more actions or
the decision therein may not of Section 1, paragraph 2 of Rule proceedings grounded on the same
generally be said to a pending 139 cause, on the gamble that one
action. The court, in a pending or the other court would make a
litigation, must be shielded from the LEGAL ETHICS BY ATTY. LOUIE favorable disposition
embarrassment and influence JOHN LOOD | Compiled by LSG The essential elements of forum
in performing the important duty of EH410 2015 shopping:
deciding it. All complaints against justices and a. Two or more cases are pending
On the other hand, once litigation is judges are required to b. The pending cases involve: same
concluded, the judge who be forwarded directly to the parties, same
decided on it is subject to the same Supreme Court causes of action, same relief prayed
criticism as any other public CANON 12 Duty to Assist in for
official because then his ruling the Speedy and Efficient Penalties for violation of the rule
becomes public property and is Administration of Justice against forum shopping under
thrown to public consumption. CANON 12 Duty to Assist in the Section 5, Rule 7 of the Rules of
Rule 11.05- Duty to submit Speedy and Efficient Court
grievances against a judge to Administration of Justice 1. Failure to comply with the
the Rule 12.01 Duty to adequately requirement shall not be
proper authorities prepare for trial curable by mere amendment of the
A lawyer has the duty to defend a Rule 12.02 Duty not to engage in complaint or
judge from unfounded criticism forum shopping other initiatory pleading but shall be
or groundless personal attack Rule 12.03 Duty to file pleadings cause for
The duty to respect does not on time dismissal of the case without
preclude a lawyer from filing Rule 12.04 Duty not to unduly prejudice, unless
administrative complaints against delay a case otherwise provide, upon motion and
erring judges, or from acting as Rule 12.05 Duty not to talk to after hearing.
counsel for clients who have witness, during break or 2. The submission of a false
legitimate grievances against them. recess, while the latter is still under certification of noncompliance
Nature of the Case Where to File examination
If administrative in nature It shall be Rule 12.06 Duty not to knowingly with any of the undertakings therein
filed with the Office assist a witness to shall constitute indirect contempt
of the Court of Administrator misrepresent or impersonate of court, without
of the Supreme Court Rule 12.08 Duty to avoid testifying prejudice to the corresponding
If criminal and not purely in behalf of his client administrative and
administrative criminal actions, and
It shall be filed with the Office CONST Art III, Sec 6. All persons 3. If the acts of the party or his
of the Ombudsman shall have the right to a speedy counsel clearly
If it involves a Justice of the disposition of their cases before all constitute willful and deliberate
Supreme Court based on the judicial, quasi-judicial or forum shopping, the
impeachable offenses administrative bodies same shall be ground for summary
It must be coursed through the Rule 138, Sec 20 (g). Duties of dismissal with
House of Representative and attorneys It is the duty of an prejudice, and shall constitute
the Senate in accordance with attorney: (g) Not to encourage direct contempt, as
the rules of impeachment either the commencement or the well as a cause for
administrative sanctions.
Specific instances of forum Rule 12.05 Duty not to talk to 2. Not to be detained longer than
shopping that merited sanction witness, during break or recess, the interests of
1. When, as a result of an adverse while the latter is still under justice require;
opinion in one examination 3. Not to be examined except only
forum, a party seeks a favorable Purpose: To prevent the suspicion as to matter
opinion (other than that he is coaching the witness pertinent to the issue
by appeal or certiorari) in another what to say during the resumption 4. Not to five an answer which will
2. Filing an action in court while the of examination. Moreover, this tend to subject him
same cause of rule is also designed to uphold and to a penalty for an offense unless
action is still pending in an maintain fair play with the other otherwise
administrative proceeding party and to prevent the examining provided by law; or
3. Filing a second suit in a court lawyer from being tempted to 5. Not to give an answer which will
without jurisdiction coach his own witness to suit his tend to degrade his
4. When counsel omits to disclose purpose. reputation, unless it be the fact at
the pendency of an Rule 12.06 Duty not to issue or to a fact
appeal, in filing a certiorari case knowingly assist a witness to which the fact in issue would be
Who signs the Certification against misrepresent or impersonate presumed. But a
forum shopping? The witness who commits witness must answer to the fact of
General rule: It must be signed by misrepresentation is criminally his previous final
the client and not by the counsel. liable for conviction for an offense.
Otherwise, it is equivalent to non- false testimony either under Art
compliance with the Rules of 181, 182, or 183 of the Revised Rule 12.08 Duty to avoid
Court is defective. Penal Code, as the case may be. testifying in behalf of his client
Exception: When the counsel, The lawyer who induces a witness Exceptions:
clothed with the special power of to commit false testimony is equally a. On formal matters, such as the
authority to do so, attests in the guilty as the witness. mailing
certification that her has personal The lawyer who presented a witness authentication or custody of an
knowledge of the facts stated and knowing him to be a false instrument and the
gives justifiable reasons why the witness is criminally liable for like; or
party himself cannot sign the same Offering False Testimony in b. On substantial matters, in cases
Rule 12.03 Duty to file Evidence under Art 184 of RPC. where his testimony
pleadings on time The lawyer who is guilty of the is essential to the end of justice, in
The court censures the practice of above is both criminally and which event he
counsels who secures repeated administratively liable. must, during testimony, entrust the
extensions of the time to file their Rule 12.07 Duty not to abuse, trial of the case
pleadings and thereafter simply browbeat or harass or to another counsel
let the period lapse without needlessly Rationale of the Rule:
submitting the pleading or even an inconvenience a witness a. There is a difference between
explanation or manifestation of The lawyer has a duty to always respective functions of
their failure to do so treat adverse witnesses and suitors a witness and advocate
Where a lawyers motion for with fairness and due consideration. b. The function of a witness is to tell
extension of time to file a pleading, Thus, it is misbehavior in court for the facts as he
memorandum or brief has remained lawyer to frighten or shout at recalls them in answer to question
unacted by the court, the least witness, to terrorize them or tear c. The function of an advocate is
that is expected of him is to file it them down arrogantly, cross that of a partisan
within the period asked for examine them with incessant d. The lawyer will find it hard to
Rule 12.04 Duty not to unduly questions beyond what is fair and dissociate his relation
delay a case to his client as an attorney and his
It is understandable for a party to LEGAL ETHICS BY ATTY. LOUIE relation to the
make full use of every conceivable JOHN LOOD | Compiled by LSG party as a witness
legal defense the law allows it. EH410 2015 Instances when a lawyer MAY NOT
However, of such attempts to evade necessary or maligning them with testify as a witness in a case
liability to which a party should such other similar acts where which he is handling for a client:
respond, it must ever be kept in disrespect instead of respect, is the 1. When as an attorney, he is to
mind that procedural rules are tone of the action. testify on the theory of
intended as an aid to justice, not as Rights and Obligations of a Witness the case
means for its frustration. under Section 3, Rule 132, RPC 2. When such would adversely
Once a judgement becomes final A witness must answer questions, affect any lawful
and executory, the prevailing although his answer interest of the client with respect to
party should not be denied the may tend to establish a claim which
fruits of his victory by some against him. However, it is the right confidence has been reposed on
subterfuge devised by the losing of him
party. Unjustified delay in the a witness: 3. Having accepted a retainer, he
enforcement of a judgment sets at 1. To be protected from irrelevant, cannot be a witness
naught the role of the courts in improper or against his client
disposing justiciable controversies insulting questions and from harsh 4. He cannot serve conflicting
with finality. or insulting interest
5. When he is to violate the The unusual attention may subject to allow live media coverage of the
confidence of his client both the judge and the lawyer anticipated trial of the
Instances when a lawyer MAY to suspicion plunder and other criminal cases
testify as witness in a case which The common practice of some filed against former
he lawyers making judges and President Joseph E. Estrada before
is handling for a client prosecutors godfathers of their the Sandiganbayan
1. On formal matters, such as the children to enhance their Resolution dated 13 September
mailing, influence and their law practice 2001 the SC allowed
authentication or custody of should be avoided by press to cover the promulgation of
instrument and the like judges and lawyers alike the decision live
2. Acting as an expert on his fee A lawyer should not see a judge in Resolution dated 14 June 2011
3. On substantial matters in cases chamber and talk to the SC allowed pro hac
where his testimony him about a case he is handling and vice live radio and television
is essential to the ends of justice, in pending in the judges coverage of the Ampatuan
which event he court (Maguinadanao Massacre trial
must, during his testimony, entrust A lawyer should not communicate subject to guidelines it
the trial of the to the judge the merits specified)
case to another counsel of a pending case. Resolution dated 23 October
CANON 13 Duty to refrain from Rule 13.02 Duty not to make 2012 the SC disallowed
acts giving appearance of public statements in the media the live media broadcast of the
influencing the court regarding pending case Maguindanao massacre
CANON 13 Duty to refrain from Test when public statement is trials and allowed only the audio
acts giving appearance of contemptuous The character of visual recording and
influencing the court the streaming of the video coverage
Rule 13.01 Duty not to extend act done and its tendency to both (1) for documentary
extraordinary attention prevent and obstruct the discharge purposes, and (2) for transmittal to
not seek opportunity for cultivating of specified viewing
familiarity with judges official duty is the test to determine areas: (i) outside the courtroom,
Rule 13.02 Duty not to make whether a newspaper within the Camp Bagong
public statements in the publication concerning a pending Diwa premises, and (ii) selected trial
media regarding pending case case is contemptuous. courts in
Rule 13.03 Duty not to invite Trial by publicity, when prejudicial Maguindanao, Koronadal, South
outside interference in the There must be an allegation and Cotabato and Gen San
judicial proceedings proof that the judges City where relatives of the accused
have been unduly influenced, not and victims reside.
In prosecuting or defending cases, simply that they might Rule 13.03 Duty not to invite
the lawyer must be guided by the be, by barrage of publicity outside interference in the
principles of justice. He must rely Televising a court trial would judicial
on the merits of his cases and amount to a violation of due proceedings
should avoid using influence and process. ------No slides on this topic-------
connections to win his cases. His A carnival atmosphere would be
cases must be won because they created.
are meritorious and not because Newspaper publications regarding a
of connection, clout, dominance or pending or
JOHN LOOD | Compiled by LSG
influence. To do so, the lawyer anticipated litigation may interfere
EH410 2015
breaks the basic principles of justice with fair trial,
which is highly condemnable. prejudice the administration of
CANON 14 Duty to render
Courts as impartial administrators justice, or subject a
legal service to the needy
of justice are entitled to dispose respondent or an accused to a trial
Rule 14.01 Duty to make
of their business in an orderly by publicity and create
available services regardless of
manner, free from outside a public interference of guilt against
interference obtrusive of their him
Rule 14.02 Duty not to decline
functions and tending to The SC has the power and
appointments as counsel de
embarrass discretion to allow or disallow a live
officio or amicus curae
the administration of justice, media coverage of a trial
Duty 14.03 Duty not to refuse
just as litigants are entitled to have Resolution dated 22 October
representation of the indigent
their causes tried fairly by an 1991 the SC prohibited
impartial tribunal, uninfluenced by live radio and television coverage in
Rule 14.04 - Duty to observe
publication, public clamor, bias, the libel case filed by
same standard of conduct for
prejudice or sympathies. former president Corazon Aquino
Rule 13.01 Duty not to extend against then Philippine
extraordinary attention not Star columnist Luis Beltran
CANON 15 Duty of Candor,
opportunity for cultivating LEGAL ETHICS BY ATTY. LOUIE Fairness and Loyalty to the
familiarity with judges JOHN LOOD | Compiled by LSG Client
Rationale: To protect the good EH410 2015
name and reputation of the judge Resolution dated 29 June 2001
and the lawyer the SC denied a petition
Rule 15.01 Duty to ascertain 3. The attorney takes part as report promptly the money of his
conflict of interest counsel in the case; and client in his possession.
Rule 15.02 Duty to preserve 4. The attorney, by himself or Failure of the lawyer to account all
privileged communication through an agent, purchases the funds and property
Rule 15.03 Duty not to such property during the pendency of his client which may come into
represent conflicting interests of said case. his possession would
Rule 15.04 Duty to acts as amount to misappropriation which
mediator, conciliator or Effects of prohibited purchase may subject him to
arbitrator 1. A prohibited purchase is null and disbarment on the ground of grave
Rule 15.05 Duty to give void ab initio, public misconduct or a
candid, honest advice interest and public policy dictate criminal prosecution for estafa
Rule 15.06 Duty not to claim that its nullity is definite under Art. 315 par. 1 (b) of
influence and permanent and cannot be the RPC.
Rule 15.07 Duty to impress cured by ratification. The
compliance with laws lawyer will be deemed to hold the Rule 16.03- Duty to deliver the
Rule 15.08 Duty in case of property in trust for the funds and property; attorneys
dual profession client. lien
2. The client is therefore entitled to A lawyer who obtained
*No slides available for CANONS recover the property possessions of the funds and
14-15 and interest from his attorney with properties belonging to his client in
CANON 16- Duty to be a trustee the fruits. The client the course of his
of clients money and property should, however, return the professional employment shall
CANON 16- Duty to be a trustee of purchase price and the legal deliver the same to his
clients money and property interests. client when (a) they become due, or
Rule 16.01- Duty to account for all 3. Malpractice on the part of the (b) upon demand.
money or property lawyer and the lawyer may The lawyers failure to deliver
collected or received be disciplined for misconduct. upon demand gives rise to
Rule 16.02- Duty to keep clients
the presumption that he has
funds separate
misappropriated the funds
Rule 16.03- Duty to deliver the
for his own use to the prejudice of
funds and property;
Rule 16.01 - Duty to account for the client and in
attorneys lien
all money or property collected violation of the trust reposed in him.
Rule 16.04- Duty not to borrow from
nor lend money to client or
received The rule grants the lawyer a lien
Art. 1491(5) Civil Code. A lawyer must be scrupulously over the clients funds in his
The following persons cannot careful in handling money possession as well as on all
acquire by purchase, even at public entrusted to him in his professional judgments and execution he has
auction, whether in person or capacity, because of secured
though the mediation of another: the high degree of fidelity and good for his client, to satisfy his lawful
(5) Justices, judges, prosecuting faith expected on his fees and disbursements.
attorneys, clerks of part. (Medina v. Bautista, A.C. No. Note: While this rule provides that
superior and inferior court, and 190. September 1964) the lawyer has the
other officers and A lawyer, under his oath, pledges right to retain the funds of his client
employees connected with the himself not to delay any as may be necessary
administration of justice, man for money or malice and is to satisfy his lawful fees and
the property and the rights in bound to conduct himself disbursements know as Note:
litigation or levied upon an with all good fidelity to his clients. While this rule provides that the
execution before the court within He is obligated to lawyer has the right to
whose jurisdiction or report promptly the money of his retain the funds of his client as may
territory they exercise their clients that has come to be necessary to satisfy
respective functions: this his possession (otherwise a his lawful fees and disbursements
prohibition includes the act of violation of Sec. 25, Rule 138 know as attorneys lien
acquiring by assignment of ROC). He should not commingle and his lien to the same extent on
and shall apply to lawyers, with without his clients all judgments and
respect to the property consent. He should maintain a execution he has secured for his
and rights which may be the object reputation for honesty and client called charging
of any litigation in fidelity to private trust. liens, he is still duty bound to
which they may take part by virtue render an accounting of his
of their profession. Rule 16.02 - Duty to keep clients funds and property which
clients funds separate may come into his
Elements of prohibition against the A lawyer should keep funds of possession in the course of his
purchase of property to each client separate and professional employment.
litigation under Article 1491 of apart from his own. He should not In the application of attorneys lien
the Civil Code use clients money for a lawyer shall give
1. There is an attorney-client personal purposes without clients notice to his client otherwise, the
relationship; consent. He should same might be
2. The property is in litigation;
construed as misappropriation reposed on him. A lawyer has the should know he is not qualified to
which may subject him to duty to protect with utmost enter.
disciplinary action. dedication the interest of his client Exception: If his client consents,
(Please see also Section 37, Rule and of the fidelity, trust and he lawyer can take as
138 of the Rules of Court) confidence which he owes his client. collaborating counsel another
lawyer who is competent
Rule 16.04 - Duty not to borrow CANON 18 Duty to serve with on the matter.
from nor lend money to client competence and due diligence
Collaborating counsel- one who is
Rationale: The Rule against CANON 18 Duty to serve with subsequently engaged to assist a
borrowing of money by a lawyer competence and due diligence lawyer already handling a particular
from Rule 18.01- Duty not to undertake case for client.
his client is intended (i) to prevent legal services if not The handling lawyer cannot just
the former form taking qualified; collaborating counsel take another counsel
advantage of his influence over the Rule 18.02- Duty to adequately without the consent of the client.
latter, and (ii) to assure the prepare for cases The new lawyer, on the
lawyers independent professional Rule 18.03- Duty not to neglect other hand, cannot just enter his
judgment. legal matters appearance as
Rule 18.04- Duty to inform client of collaborating counsel without the
If a lawyer acquires a financial status of the case conformity of the first
interest in the outcome of the case, counsel.
the free exercise of his judgment Competence refers to the The same diligence required of the
may be adversely affected. sufficiency of lawyers qualifications first counsel is
Exceptions to the rule against to required of the collaborating
borrowing or lending of money deal with the matter in question and counsel.
includes knowledge and skill
LEGAL ETHICS BY ATTY. LOUIE and the ability to use them
JOHN LOOD | Compiled by LSG effectively in the interest of the Rule 18.02 - Duty to adequately
EH410 2015 client. prepare for cases
The lawyer is allowed to borrow Diligence is the attention and care Lawyer should safeguard his
money from his client required of a person in a given
clients right and interests by
provided the interests of the client situation and is the opposite of
thorough study and preparation,
are fully protected by negligence, it is axiomatic in the
mastering applicable
the nature of the case or by practice of law that the price of
law and facts involved in a case,
independent advice. success is eternal diligence to the
regardless of the nature
The lawyer may lend money to a cause of the client.
of the assignment, and keeping
client, when it is constantly abreast of the
Lawyer impliedly represents that he
necessary in the interest of justice latest jurisprudence and
possesses requisite degree of
to advance necessary developments in all branches of
learning, skill, ability which is
expenses in a legal matter he is the law.
necessary to the practice of his
handling for the client. A lawyer should prepare his
profession and which other similarly
The advances made shall be pleadings with great care and
situated possess, he will exert
subject to reimbursement. circumspection. He should refrain
his best judgment in the
prosecution or defense of the from using abrasive
CANON 17 Duty of Fidelity to and offensive language, for it
the Cause of the Client merely weakens rather than
entrusted to him, he will exercise
reasonable and ordinary care and strengthens the force of legal
Lawyers duty of fidelity reasoning and detracts
diligence in the use of his skill and
commences from the receipt of his from its persuasiveness.
in the application of his
knowledge to his clients cause, he
until his effective release from the Rule 18.03 - Duty not to neglect
will take such steps as will
case or final disposition of the legal matters
adequately safeguard his clients
whole subject matters of the The standard of diligence required
interest. A client may reasonably
litigation. During that period, he is
expect that counsel will make good of a lawyer is that of a
expected to take such reasonable
his representation. good father of a family. He is not
steps and such ordinary case as
bound to exercise
his clients interest may require.
Rule 18.01 - Duty not to extraordinary diligence.
When a lawyer takes a clients
undertake legal services if not It should be remembered that the
cause, he thereby covenants that
qualified; moment the lawyer
collaborating counsel takes a clients cause, he covenants
will exert all effort for its
prosecution until its final conclusion. Some cases involve specialized that he will exert all
The fields of law and require effort for its prosecution until its
failure to exercise due diligence or special training. A lawyer should not final conclusion. A
the abandonment of a clients accept an lawyer who fails to exercise due
case makes such lawyer unworthy undertaking in specific area of law diligence or abandons his
of the trust which the client had which he knows or
clients cause makes him unworthy CANON 19 Duty to serve only or baseless cases against
of the trust and within the bounds of law adversaries of his client.
confidence reposed on him by the 4. A lawyer shall not do any false,
latter. (Legarda v. CA, CANON 19 Duty to serve only nor consent to the doing
209 SCRA 722 (1992)). within the bounds of law for any in court nor shall he mislead
Rule 19.01- Duty to employ only fair or allow the court to
Instances of negligence of attorneys and honest means be misled by any artifice.
1. Failure to ask for additional time 5. A lawyer shall not knowingly
to answer which resulted misquote the contents of a
in a default judgment against his paper, the text of a decision or
JOHN LOOD | Compiled by LSG
client. authority nor shall he
EH410 2015
2. Failure to file brief within the knowingly cite as law a provision
Rule 19.02- Duty to rectify clients
reglementary period to file. already rendered
3. Failure to attend to trial without inoperative because of repeal or
Rule 19.03- Duty to control
filing a motion for amendment, nor shall be
postponement or for resetting. assert as a fact something which
4. Failure to take action to have the has not yet been
The client is entitled to the benefit
adverse decision established.
of any and every remedy and
reconsidered. 6. A lawyer shall not bribe or
defense that is authorized by the
5. Failure to notify the court of attempt to bribe a judge to win
law of the land, and he may expect
change of address resulting his case.
his lawyer to assert every such
in failure to receive judicial orders remedy or defense.
to the prejudice of The advocacy for the client is to Rule 19.02 - Duty to rectify
client. clients fraud
be performed within and
6. Failure to present evidence.
not without the bounds of the law.
7. Failure to pay appellate docket A lawyer should do his best efforts
The office of an
fee after receiving the to restrain and to
attorney does not permit, much less
amount for the purpose. prevent his client from perpetrating
does it demand of
him for any client, violation of law acts which he himself
Rule 18.04- Duty to inform or any manner of fraud. ought not to do, particularly with
client of status of the case A lawyers duty is not to his client reference to their
The client has the right to be fully but to the conduct toward courts, judicial
informed of the status administration of justice. His officers and witnesses. If
of the case particularly on the conduct ought to and must the client persists in such
important movements or always be scrupulously observant of wrongdoings, the lawyer should
developments therein, Vis--vis this law and ethics. terminate their relation.
right, the lawyer has This rule requires the lawyer to
the corresponding duty to notify his Rule 19.01 - Duty to employ terminate his relationship
client of the only fair and honest means with the client in the event the
important orders or decisions not In civil case- it is the lawyers duty latter fails or refuses to
yet known to the client. to counsel or maintain rectify the fraud.
such actions or maintain such Note: The lawyer shall not
A lawyer should notify his client of actions or proceedings only volunteer the information
the adverse decision while within as appear to him to be just, and about the clients commission of the
the period to appeal to enable the such defenses only as he fraud to anyone for
client to decide whether to seek believes to be honestly debatable that will run counter to his duty to
an appellate review. He should under the law (Section maintain at all times
communicate with him concerning 20 (C), Rule 138, RPC). the clients confidences and secrets.
the withdrawal of appeal with all its In criminal cases- the lawyer
adverse circumstances. should defend the accused Rule 19.03 - Duty to control
The client is entitled to the fullest by all fair and reasonable means proceedings
disclosure of the mode or manner that the law permits Rule: In matters of law, it is the
by which his interest is defended or regardless of his personal opinion as client who should yield to
why certain steps are taken or to the guilt of the the lawyer and not the other way
omitted. accused. around.
It is the duty of a party litigant to be Reason: The lawyer is trained and
in contact with his counsel from
Only honorable, fair, and honest skilled in the law. The
time to tie in order to be informed
means shall be employed in the client has not knowledge of
of the progress of the case.
maintenance of cases procedure and necessarily
1. A lawyer must not present and entrusts this to the attorney he
offer in evidence any employs.
document which he knows is false.
2. A lawyer should not present a Authority of an attorney in the
false witness whom he conduct of litigation
knows will perjure. 1. A lawyer has authority to bind
3. A lawyer shall not file or threaten the client in all matters
to file any unfounded
of ordinary judicial procedure. The Rule 20.04- Duty to avoid compensation for his services.
lawyer, and not the compensation controversies with
client, is assumed to have client LEGAL ETHICS BY ATTY. LOUIE
knowledge of the law and the JOHN LOOD | Compiled by LSG
rules of procedure. Legal basis for attorneys fees EH410 2015
2. On the subject matter of the The fact of employment as lawyer
case, it is the client who by the client Written agreement
will have final decision. constitutes the legal basis of the Not necessary to establish a
lawyers right to demand clients obligation to pay
Lawyers authority to compromise payment for his services. No formal attorneys fees
General Rule: The lawyer has no contract is necessary As long as the lawyer is honestly
authority to compromise to effectuate employment.
and in good faith trying
his clients case. to serve and represent the interest
Reason: The client, even if Requisites for the right to of his client, an
represented by counsel, attorneys fees: absence of express undertaking
retains exclusive control over the 1. Existence of attorney-client does not defeat recovery
subject matter of the relationship. of fees
litigation. 2. Rendition by the lawyer of It is advisable for the benefit
Exception: The client can service to the client. of both the lawyer and the
authorize his lawyer to clients: that as soon as they have
compromise his case, and the Reason for adequate agreed on the
settlement made by the compensation: engagement of the former by the
lawyer will bund the client. A lawyer like all other human latter, the attorneys
beings has a right to fees are immediately determined
livelihood. and fixed.
Mistakes or negligence of lawyer
binding upon client That the practice of law is a Reason: to avoid future
General Rule: Client s bound by profession and not a moneymaking misunderstandings which usually
attorneys conduct, negligence and trade arise
mistake in handling a case or in does when the client thinks low of the
management of litigation and in not value of the services of the
procedural technique, and he operate counsel, and the latter thinks high
cannot be heard to complain that to of his services, and no one is
result might have been different deny expressing what is in his mind.
had his lawyer proceeded a
differently. lawyer Advantages of a written
Exceptions: the contract for attorneys fees:
1) Where adherence thereto results right 1. An express valid contract
in outright deprivation stipulating for the
of clients liberty or property or to compensation which the attorney is
where interest of justice attorneys to receive for his
so requires. fees services is generally held conclusive
2) Ignorance, incompetence or for as to the amount of
inexperience of lawyer is so his compensation.
great and error so serious that professional 2. In case of unjustified dismissal of
client, who has good cause services. attorney, he shall be
is prejudiced and denied a day in He entitled to recover from the client
court. has full compensation
3) Gross negligence of lawyer. the stipulated in the contract. The law
seeks to protect
right lawyers from unscrupulous and
CANON 20. Duty to charge only
ungrateful clients who
fair and reasonable fees
to have and recover from his client dismiss lawyers to avoid payment of
a fair and attorneys fees
CANON 20. Duty to charge only fair
reasonable compensation for his
and reasonable fees
services, except in cases Two concepts of attorneys
Rule 20.01- Guide in determining
where he has agreed to render fees:
attorneys fees
service gratuitously. 1. Ordinary
Rule 20.02- Division of fees in
It is necessary in order to enable the reasonable compensation paid
proportion to the work
the lawyer to serve his to the
performed and responsibility
clients effectively and to preserve lawyer for the legal services he had
the integrity and rendered in
Rule 20.03- Duty not to accept any
independence of the profession. The favour of his client.
fee or other
legal profession The basis of this compensation:
compensation whatsoever related
cannot remain a viable force in
to his professional the fact of
fulfilling its role in our
employment from anyone other employment by the client.
society unless the lawyer receives
than the client 2. Extraordinary-
an indemnity for damages ordered 6. A combination of the above
by the court arrangements or an QUANTUM MERUIT
to be paid by the losing party to the entirely different agreement This means as much as the lawyer
prevailing not contrary to law, public deserves or such
party in a litigation. morals, or public policy amount as his services merit.
The basis: any of the cases it is fixed by the court
authorized by law Some instances of recovery of
(Art. 2208, Civil Code) and is Rule 20.01. Guide in attorneys fees on the basis
payable not to the determining attorneys fees of Quantum Meruit:
lawyer but to the client unless there a. Time spent and extent of services a. No express contract for payment
is an rendered or required.; of attorneys fees.
agreement that the award shall b. Novelty and difficulty of b. Amount stipulated is
pertain to the questions involved.; unconscionable.
lawyer as an additional c. Importance of subject matter.; c. Lawyer, without fault, was unable
compensation or as part d. Skill demanded of the lawyer.; to conclude
thereof. e. Probability of losing other litigation.
employment.; d. Lawyer, for justifiable cause, was
Attorneys fees as damages: f. Customary charges for similar not able to finish
General rule: Attorneys fees as services and schedule of the case.
damages is not fees of IBP.; e. Lawyer and client disregarded the
recoverable because it is not the g. Amount involved in the contract for fees.
fact of winning that ipso controversy and benefits
facto justifies the award but the resulting to the client from the CONTINGENT CONTRACT
attendance of any of the service CHAMPERTOUS CONTRACT
special circumstances h. Contingency or certainty of 1. It is one where the lawyer
compensation. is paid for his services
Exceptions: Article 2208 of the
i. Character of the employment, depending on the success of
New Civil Code
whether occasional or the case.
established.; 1. It is one where the lawyer
Kinds of retainer agreement j. Professional standing of the stipulates with his client in the
1. General Retainer lawyer. prosecution of the case that he
It is the fee paid to a lawyer to will bear all the expenses for
secure his future services None of the factors is controlling but
as general counsel for any are guides only. LEGAL ETHICS BY ATTY. LOUIE
ordinary legal problem that The mere fact that an agreement
may arise in the ordinary business JOHN LOOD | Compiled by LSG
had been reached between the
of the client and EH410 2015
attorney and the client fixing the
referred to him for legal action. the recovery of things or
amount of the attorneys fees does
The client pays fixed retainer fees, property being claimed by the
not insulate such agreement from
client, and the latter agrees to
which could be review and modification by the
pay the former a portion of the
monthly or otherwise. Court where the fees clearly appear
thing or properly recovered as
The fees are paid whether or not to be excessive or
compensation. It is void for
there are cases referred unreasonable.
being against public policy.
to the lawyer. 2. It may be paid in cash. 2. It is
2. Special Retainer Situations when counsel cannot
payable in kind only.
fee for a specific case or service recover full amount despite a
3. Lawyers do not undertake
rendered by the lawyer written contract for attorneys
to pay all expenses of
for the client fees
1. Services are not performed.
3. Lawyers undertake to pay all
Kinds of payments that may be 2. Justified dismissal of the attorney.
expenses of litigation.
stipulated upon 3. Stipulated attorneys fees are
4. It is a valid contract. 4. It is a void
1. Fixed or Absolute Fee unconscionable.
Payable regardless of the result of 4. Stipulated attorneys fees are in
the case excess of what is
2. Contingent Fee expressly fixed by law.
5. When the lawyer is guilty of bad Rule 20.2 - Division of fees in
That which is conditioned on the proportion to the work
securing of a favourable faith or fraud toward his
client in the matter of his performed
judgment and recovery of money or and responsibility assumed.
property and the employment.
6. Counsels services were This is not in the nature of a
amount of which may be on a brokers commission.
percentage basis worthless because of his
3. Fixed fee payable per negligence.
appearance 7. Contract of employment is illegal, Lawyer- referral system
4. Fixed fee computed by the against morals or public Under this system, if another
number of hours spent policy. counsel is referred to the client,
5. Fixed fee based on piece of 8. Serving adverse interest, unless and the latter agrees to take him as
work he acted with the consent collaborating counsel, and
of both parties.
there is no express agreement on the client is aware, discloses the
the payment of attorneys information to no third
fees, the said counsel will receive person other than one reasonable
attorneys fees in proportion CANON 21. Duty to preserve the necessary for the
to the work performed and clients confidence and secrets transmission of the information or
responsibility assumed. The the accomplishment of
lawyers and the client may agree CANON 21. Duty to preserve the the purpose for which it was given
upon the proportion but in clients confidence and Requisites for the attorney-client
case of disagreement, the court secrets privilege
may fix the proportional Rule 21.01 - Duty not to reveal the 1. There exists an attorney- client
division of fees. confidences or secrets, relationship or a kind of
exceptions consultancy relationship with a
Rule 20.03 - Duty not to accept Rule 21.02 - Duty not to use prospective client. That is,
any fee or other compensation information received in the legal advice is what is sought. This
whatsoever related to his course of employment includes persons
professional employment from Rule 21.03 - Duty not to give appointed as counsel de oficio.
anyone information to outside agency 2. The communication was made by
other than the client Rule 21.04 and 21.05 - Duty to the client to the lawyer
Rationale: It is intended to protect from disclosure in the course of the lawyers
secure the fidelity of the Rule 21.06 - Duty to avoid indiscreet professional employment.
lawyer to his clients cause and to conversation 3. The communication must be
prevent a situation in Rule 21.07 - Duty not to reveal that intended to be confidential.
which the receipt of him of a rebate he was consulted
or commission from
another with the clients case may Confidential- the protection Rule 21.01. Duty not to reveal
interfere with the full given to the client is perpetual the confidences or secrets,
discharge of his duty to his client. and does not cease with the exceptions
Exception: A lawyer may receive termination of the litigation nor is General Rule: A lawyer shall not
compensation from a affected by the party ceasing to reveal the confidences and
person other than his client when employ the attorney and secrets of his client.
the latter has full employ another or any other Exceptions:
knowledge and approval thereof. change of relations between 1. When authorized by the client
(Section 20 (e), Rule them. It even survives the death of after acquainting him
138, RRC). the client. of the consequences of the
Rationale behind this disclosure.
Rule 20.04. Duty to avoid prohibition: 2. When required by law.
compensation controversies Not only to prevent the dishonest 3. When necessary to collect his
with client practitioner from fees or to defend
General Rule: A lawyer should fraudulent conduct, but also to himself, his employees or
avoid the filing of any case protect the honest lawyer associates or by judicial
against a client for the enforcement from unfounded suspicion of action. In case client files complaint
of a attorneys fees. unprofessional practice. It is against his
[Filing of cases against a client is founded on principles of public lawyer or unreasonably refuses to
unwise because in the policy, on good taste. The pay his fees,
process, the lawyer loses the clients question is not necessarily one of lawyer may disclose so much of
aside from suffering the rights of the parties, clients confidences
a broken reputation being money- but as to whether the attorney has as may be necessary to protect
oriented. adhered to proper himself or to collect
Exception: professional standard. fees.
a. to prevent injustice 4. In cases of contemplated crimes
b. to prevent fraud Confidence - It refers to the or perpetuation of
information protected by the fraud.
Where and how may attorneys attorney-client privilege
fees be claimed by the lawyer? Secret - It refers to other Rule 21.02. Duty not to use
1. In the same case - It may be information gained in the information received in the
asserted either in the very professional relationship that the course of
action in which the services of a client has requested to employment
lawyer had been be held inviolate or the disclosure of General Rule: A lawyer, who
rendered which would be acquired information from a
2. In a separate civil action - A embarrassingly or detrimental to client I the course of his legal
petition for attorneys fees the client. employment, is prohibited
may be filed before the judgment in Confidential communication from making use of such
favor of the client is Information - transmitted information, whether it is
satisfied or the proceeds thereof through voluntary act of disclosure privileged or not, to the (a)
delivered to the client between attorney and disadvantage of his client, or
client in confidence, and by means
of which, so far as to
LEGAL ETHICS BY ATTY. LOUIE keeping clients confidences and 10. Conviction for a crime and
JOHN LOOD | Compiled by LSG secrets. imprisonment of the lawyer for
EH410 2015 quite some time.
(b) to the lawyers own advantage, Rule 21.07. Duty not to reveal
or (c) to the advantage that he was consulted Right of the client to terminate
of a third person. General Rule: If a lawyer was relation with counsel is absolute;
Exception : If the client with full consulted about a particular but not vice versa.
knowledge of case, and irrespective of whether or While the right of the client to
the circumstances to the use not he was thereafter terminate the relation is
thereof. hired as counsel, he should not absolute, the right of an attorney to
Exception to the exception: In reveal to others the withdraw or
matters of unprivileged matter of subject of consultation. terminate the relation other than for
information, the lawyer may be Exception: When the lawyer will a sufficient cause, is
judicially compelled to be placed in a situation considerably restricted.
make a disclosure even if the client of representing conflicting interests Among the fundamental rules of
objects. if he does not ethics is the principle
disclose the consultation to the next that an attorney who undertakes to
Rule 21.03. Duty not to give person consulting conduct an action
information to outside agency him on the same matter. Otherwise, impliedly stipulates to carry it to its
Rationale : The work and product if he remains silent, termination. He is not
he may be violating the rule against at liberty to abandon without
of a lawyer, such as his
representing reasonable cause.
effort, research, and thought, and
conflicting interests.
the records of his
See Canon 14, Rule 14.03; see also: Rule 22.01. Good causes for
client, contained in his files are
Canon 15, Rule 15.01 withdrawal of services
privileged matters.
a. Client pursuing an illegal or
Exception: If the client gives his
CANON 22. Duty to withdraw immoral course of conduct.
written consent.
services only for good cause b. Clients insistence that lawyer
and pursues acts violative of
Rule 21.04 and 21.05. Duty to
upon notice the canons and rules.
protect from disclosure
c. Inability of lawyer to work with
Rule: The professional co-counsel.
CANON 22. Duty to withdraw
employment of a law firm is d. Mental and physical inability of
services only for good cause and
equivalent to the retainer of the counsel to handle case
upon notice
members thereof even effectively.
Rule 22.01 - Good causes for
though only one of them is e. Clients deliberate failure to pay
withdrawal of services
consulted; conversely, the attorneys fees as agreed
Rule 22.02 - Duties of lawyers who
employment of one member of law upom.
withdrew; retaining lien
firm is generally f. Election or appointment of lawyer
considered as employment of the to public office.
Termination of attorney- client
law firm. g. Other similar cases.
1. Withdrawal of the lawyer under
The lawyer is obliged to exercise Change of Counsel
Rule 22.01.
care in selecting and 2. Death of the lawyer, unless it is a 1. Client discharges attorney with or
training his employees so that the law firm, in which case, without cause: no
sanctity of all the other partners/lawyers may consent or notice to lawyer needed,
confidences and secrets of his continue with the case. nor court approval.
clients may be preserved. 3. Death of the client. 2. Attorney may initiate move by
4. Discharge or dismissal of the withdrawing his
Rule 21.06. Duty to avoid lawyer by the client. appearance with written consent of
indiscreet conversation 5. Appointment or election of a client or with leave of
A lawyer must not only preserve lawyer to a government conduct on some justifiable ground.
the confidences and position which prohibits private 3. Substitution of counsel in the
secrets of his clients in his law office practice of law. form of application for that
but also outside 6. Full termination of the case. purpose constitutes an appearance
including his home. He should avoid 7. Disbarment or suspension of the of the substituting
committing lawyer from the practice counsel and is a polite way of
calculated indiscretion, that is, of law. effecting change;
accidental revelation of 8. Intervening capacity or compliance with formalities is
secrets obtained in his professional incompetency of the client during necessary since it involves
employment. the pendency of the case, for then ethical considerations.
Reckless or imprudent disclosure of the client loses his
the affairs of his capacity to contract, or to control Requirements for Substitution
clients may jeopardize them. Not the subject matter of 1. written application for
every member of the the action. substitution
lawyers family has the proper 9. Declaration of the presumptive 2. written consent of client
orientation and training for death of the lawyer; and 3. written consent of attorney to be
particular action with written notice
** In case written consent of to his client and CHARGING LIEN
attorney cannot be secured, proof adverse party. 1. Nature Passive lien.
of It cannot be actively
service of notice of application upon Requisites for validity of enforced.
attorney to be substituted. retaining liens A general lien.
**In case of death of original 1. attorney- client relationship Active Lien.
attorney, additional requirement: 2. lawful possession by lawyer of It can be enforced
verified proof of death (necessary) the clients funds, by execution.
documents and papers in his A special lien
Rule 22.02. Duties of lawyer professional capacity 2. Basis Lawful possession of
who withdraws; retaining lien 3. unsatisfied claim for attorneys papers, documents,
1. Immediately turn-over all papers fees or disbursements property belonging to
and property to which client.
the client is entitled; and Requisites for validity of Securing of a
2. To cooperate with his successor in charging liens favourable money
the orderly transfer of 1. attorney-client relationship judgment for the
the case 2. attorney has rendered services client.
3. money judgment favourable to 3. Coverage Covers only papers,
Lawyers withdrawal or discharge the client has been documents, and
shall be without prejudice to his secured in the action property in the lawful
attorneys lien: Purpose of Rule 4. attorney has a claim for possession of the
22.02 (lawyer entitled to attorneys fees or advances attorney by reason of
retaining 5. statement of his claim has been his professional
lien) and Rule 16. 03 (lawyer duly recorded in the case employment
entitled to retaining and with notice thereof served upon the Covers all
charging client and adverse judgments for the
lien) party payment of money
To insure payment of lawyers and executions
professional fees and the issued in pursuance
reimbursement of his lawful of such judgement.
disbursements in keeping 4. Effectivity As soon as the
with his dignity as an officer of the attorney gets
court possession of the
papers, documents or
Kinds of liens property.
1. Retaining Lien (General Lien) As soon as the claim
for attorneys fees
had been entered
into the records of
JOHN LOOD | Compiled by LSG
the case.
EH410 2015
5. Notice Client need not be
The rights of an attorney to retain
notified to make it
the funds, documents
and papers of his client which have
Client and adverse
lawfully come into his
party must be
possession until his lawful fees and
notified to make it
disbursements have
been paid and to apply such funds
6. Applicability May be exercised
to the satisfaction
before judgment or
execution or
2. Charging Lien (Special Lien)
regardless thereof.
A right which the attorney has upon
Generally, It is
all judgments for the
exercisable only
payment of money and executions
when the attorney
issued in pursuance
had already secured
thereof, secured in favour of his
client. Covers only
judgment for his
services rendered by attorney in the
action in which the
judgment was obtained and takes
effect only after a
statement of claim has been
entered upon record of the RETAINING LIEN