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IMPORTANCE OF LEGAL ETHICS

 The highest moral and ethical standards should be maintained so that the people will continue
to repose their trust in lawyers and in the role they play in the administration of justice.
 Consequently the continued existence of the legal profession is ensured

PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL PROFESSION FROM BUSINESS:
 Duty of public service, of which emolument is a by-product
 Lawyer is an officer of the court
 Fiduciary relation to client
 Candor, fairness to colleagues in the bar

Can Corporations practice law?
 No.
 Practice of law is reserved only to natural persons who are lawyers, either as solo practitioners
or in partnership with other lawyers.

SOURCES OF LEGAL ETHICS
I. CONSTITUTION

 Section 5 (5), Article VIII, 1987 Constitution
The Supreme court shall promulgate rules concerning:
o the protection and enforcement of constitutional rights
o pleading, practice, and procedure in all courts, the admission to the practice of law
o the Integrated Bar,
o and legal assistance to the underprivileged
 Section 14, Article VI, 1987 Constitution
No Senator or Member of the House of Representatives may personally appear as counsel
before:
o any court of justice
o electoral tribunals
o quasi-judicial and other administrative bodies

Puyat vs. De Guzman, Jr. ( 113 SCRA 31)
“ A member of Congress cannot indirectly fail to follow the constitutional prohibition of not
appearing personally as counsel before the SEC by buying a nominal share in the corporation
after his appearance as counsel therein was contested.”
 Section 13, Article VII, 1987 Constitution
The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall
not:
o hold any other office or employment during their tenure, UNLESS OTHERWISE
PROVIDED IN THIS CONSTITUTION.
o directly or indirectly, practice any other profession, participate in any business.

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

II. RULES OF COURT

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

III. LEGISLATION

 Article 1491 [5], Civil Code
The following cannot acquire by purchase, even at public or judicial action, either in person or
through the mediation of another: [5] justices, judges, prosecuting attorneys, clerks of superior
and inferior courts, and other officers or employees connected with the administration of justice
the property rights in litigation or levied upon on execution before the court within whose
jurisdiction or territory they exercise their respective functions; this prohibition includes the act
of acquiring by assignment and shall apply to lawyers, with respect to the property and rights
which may be the object of any litigation in which they take part by virtue of their profession

MODERN CONCEPT OF PRACTICE OF LAW

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

OLD CONCEPT, PRACTICE OF LAW

“People vs. Villanueva,14 SCRA 109 (1965)”

Criteria Determinative or Practice of Law:
1. Habituality
2. Compensation
3. Application of Law, Legal Principle, Practice, or Procedure which calls for legal knowledge,
training and experience
4. Attorney-Client Relationship

SCRIVENING- filling blanks in standardized or stereotyped forms which involves purely clerical work
without need for any legal interpretation.
This is not practice of law, as it does not involve the determination by a trained mind of the legal effects
of facts and conditions.

Is teaching of law Practice of Law?
 A law professor does not actually deal with clients whose rights are or may be subject to legal
controversies; he does not hold himself out of the public as a lawyer, but as a mentor learned in
the law who is qualified, by reason of his legal training to instruct students on legal subjects.
(minister of justice opinion no. 89, s. 1986)

Practice of Law a Privilege, but also in the nature of a right:
 Privilege because lawyers must bow to the inherent regulator power of the court to exact
compliance with the lawyer’s public responsibilities
 Right because lawyer cannot be prevent from practicing law except for valid reason (e.g
prohibitions on some public officers)

Who can practice law?

 Admitted as member of the bar;
 Good and regular standing (sec. 1, Rule 138, Rules of Court)

Why the practice of law is generally limited to lawyers?
 To protect party litigants because of the complex nature of judicial proceedings;
 to protect public interest

Sanctions for Unauthorized practice of Law:

 In junction to restrain continuation of unauthorized practice; contempt of court (Sec 3 [e], Rule
71, ROC), criminal prosecution , damage, denial of right to fees
 Manangan vs. CFI – one who masqueraded as a lawyer using the name of a deceased lawyer
was found guilty of continuous fraudulent misrepresentation and highly improper conduct
tending directly to impede, obstruct, degrade and make a mockery of the administration of
justice. Consequently, he was adjudged in contempt of court, severely censured, and sentence
to suffer 3 months imprisonment.

but only in connection with a particular case. III Constitution (due process – right to be heard by himself and counsel. it is not advisable. 1083. administrative(sec. Art. Pro Se Practice does not apply to corporations. if the appearance is only in an isolated case and no compensation is charged for the service. 2 Art. for instance. it must hire a lawyer to collect its bills. it would circumvent the prohibition on corporate practice of law. (In Re: Joaquin T. Sec. 143 of P. III.must be accompanied by a supervising lawyer in all his appearances . Borromeo. Rule 138-A. tribunal. without compensation. 1. under direct supervision and control of an IBP member duly accredited by the law school. Rules of Court)  Before RTC and the higher courts. 1 art. especially in criminal cases). ROC (every pleading must be signed by the party of counsel representing him…” While Pro Se Practice is allowed. Non-lawyers who are authorized to appear in court:  GR: a non-lawyer may represent a party before the MTC Exc: criminal case Exc to Exc: in a locality where a duly licensed member of the bar is not available  Senior law student. Shari’a lawyers who are LLB graduates but not members of the bar are not allowed to practice before regular courts even if both parties are Muslims. 241 SCRA405) “A little learning is a dangerous thing.enrolled in a recognized law school’s clinical education program approved by the SC may appear before any court. Par. Appearance “In Propria Persona” or “Pro Se” Practice . provides for concurrent jurisdiction of the Shari’a District Court with existing civil courts. The Code of Muslim Personal Laws of the Philippines. to represent indigent clients accepted by the legal clinic in school. office. may be allowed by courts under very limited instances. criminal. Sec. He who acts as his own lawyer has a fool a client.D. Otherwise. Basis: Sec. Appearance in court by a non-lawyer for himself and without the assistance of a member oa the Bar. Appearance “Pro Hac Vice” Appearance by a lawyer who is not lcensed to practice in a jurisdiction. agency. 3. Constitution (due process clause). Rule 7. 1 (2). civil. Thus.

a non-lawyer can represent a claimant before the cadastral court  Any person appointed to appear for the Government in accordance with law  Before the Department of Agrarian Reform Adjudication Board Public Officials who cannot practice law:  Judges.1) when they represent themselves. electoral tribunal.A 7160. or the IBP in cases referred to by the latter  Cadastral act. Members of the Cabinet. VP.a retired justice or judge receiving pension from the govt. 2) they represent their organization or member thereof with written authorization of the latter.A. 3)duly accredited members of legal aid office duly recognized by the DOJ. agency. city and municipal mayors  Those prohibited by special law (RA 6713.Sanggunian members shall not: Appear as counsel before any court in a civil case wherein a local government unit or any office. 910. [b-2] Public Officials with Restriction in the Practice of Law:  No Senator or member of the House may personally appear as counsel before any court. R. Section 7.  Section 90. cannot act as counsel in any civil case in which the govt or any or any of its subdivisions or agencies is the adverse party or in a criminal case wherein an officer/employee of the govt is accused of an offense ic relation to his office . or instrumentality of the govt is the adverse party Appear as counsel in a criminal case wherein an office or employee of the national or local govt is accused of an offense committed in relation to his office Collect any fee for their appearance in administrative proceedings involving the LGUof which he is an official Use property and personnel of the govt except when the Sangguniang member concerned is defending the interest of the govt  Sec. 1. quasi-judicial and other administrative bodies.  Labor code. R. their deputies and assistants  Members of the Constitutional Commissions  Ombudsman and his deputies  Governors. other officials/employees of the superior court  OSG officials and employees  Government prosecutors  P.

to defend the accused. associate attorneys are referred to as “of counsel” . 201 SCRA 201). Factors of Traders Insurance Cp.person named and appointed by the court to defend an absentee defendant of the suit in which the appointment is made (Bienvenu v.act by which one is licensed to practice in courts of particular jurisdictions after satisfying certain requirements such as bar examination.a counsel. resident of the province and good repute for probity and ability. Rules 116 ROC  Attorney ad hoc. the court may appoint any person. (Reynolds v. from among members of the bar in good standing who. Monsod. empowered to appear. period of residency. Boceros. by reason of their experience and ability. Cui.one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. in or out of court which requires the application of law. 120 Phil. he may do things not mentioned on his appointment but are necessary to the performance of the duties specially required of him. To engage in the practice of law is to give notice or render any kind of service.that class of person who are licensed officers or the court.to distinguish them from attorneys record.  Counsel de Oficio. may adequately defend the accused. or admission on grounds of reciprocity  Attorney in fact.729). knowledge. however. Ann.  Attorney. such authority being necessarily implied.  Bar. Abogado. He is not necessarily a lawyer.Terms  Practice of law. Counsel. and upon whom peculiar duties. training and experience.any activity. legal procedure. 33 La. responsibilities. appointed or assigned by the court. Note: in localities where members of the bar are not available. and liabilities are developed by law as a consequent (Cui v. Reynolds)  Of Counsel. 7.an agent whose authority is strictly limited by the instrument appointing him. prosecute and defend. 209)  Attorney of record.whole body of lawyers  Bench. Sec.whole body of judges and justices  Bar admission.. which device or service requires the use in any degree of legal knowledge or skill (Cayetano V.

person prosecuting or defending suits in Courts of Chancery (court which administer equity and proceeding according to the forms and principle of equity.lawyer was reprimanded when he used his legal expertise to unnecessarily and unjustly delay a case (Del Mundo vs.the counsel on their side of a litigated action who is charge with the principal management and direction of a party’s case. ostensibly on behalf of the party but actually to suggest a rationale consistent with its own views.an association of members of the legal profession. 252 SCRA 432) .it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto.venerable member of firm  Lead Counsel. an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery.  Another definition.the general and popular name for a lawyer who pleads on behalf of someone else. qualifying one for the practice of law CHAPTER 1: THE LAWYER & SOCIETY CANON 1: UPHOLD THE CONSTITUTION. CA.  Amicus curiae par excellence. may petition the court for permission to file a brief.friend of the court.  Amicus Curiea.  Solicitor (Philippines). a person with strong interests in or views on the subject matter of an action.  Solicitor (England).formerly.bar association that appear in a case as amicus curiae  Advocate. OBEY THE LAWS PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES LAWYER’S OATH. experienced and impartial attorney may be invited by the court to appear as amici criae to help in the disposition of cases submitted to it.  Barrister (England).  Titulo de Abogado.contains in capsule form the ethical standards required for lawyers 1.government lawyer attached with the office of the solicitor general  Proctor (England).a person entitled to practice law as an advocate or counsel in superior court.  House Counsel. not to undue delay a case.lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer  Bar association.

But otherwise. Employing agents or runners 4. inter alia:  To uphold the Constitution and obey the law  Not to engage in unlawful conduct  Not to counsel illegal activities  Not to encourage lawsuits  To encourage amicable settlement . But this does not mean that a lawyer cannot reject a case the facts of which do not convinces him to be meritorious. and having accepted engagement. to breed litigation by seeking out claims for personal injuries 3. 2005 The lawyer’s highest honor is found in a deserved reputation for fidelity to private trust and public duty.C. 1109.The lawyer must decline a case when convinced that it is intended merely to harass. relationship and trust make it a duty to do so 2. CPE) Discouraging Lawsuits  Under Rule 1. Volunteering advice to bring lawsuit except when ties of blood. 2. Paying direct or indirect reward to those who bring or influence the brining of cases to his office 5. a lawyer shall not for any corrupt motive or interest. 3. Hunting up defects in titles to other causes of action. A. it is his right. The following are unprofessional acts: 1. Do no falsehood – guardian of truth Bongalonta vs Castillo. A lawyer has the following duties.03 of CPR. 240 SCRA 310 Moreno vs Araneta. the honorable thing for him to do is to withdraw from the case so as to allow the client to employ another lawyer. last sentence. his appearance in court should be deemed equivalent to an assertion on his honor that in his opinion his client’s case is one proper for judicial determination. as an honest man and as a patriotic and loyal citizen (Canon 32. it becomes his duty to insist upon the judgment of the court as to the legal merits of his client’s claim or defense. If a lawyer is deliberately not paid. Searching for unknown heirs and soliciting their employment Justifiable and Unjustifiable Litigation . No. to delay no man for money or malice – a lawyer should not refuse or delay a case just because he may not be paid well or as expected by him because the legal profession is not a money- making trade. or to injure the opposite party or work oppression . April 27. encourage any suit or proceeding or delay any man’s cause Crime/Tort of Maintenance – Intermeddling of an uninterested party to encourage lawsuit A lawyer owes to the society and to the court the duty not to stir up litigation.

except for valid reasons. Lawyers who by law are not allowed to appear in court .03) – not in a position to carry out the work effectively or competently. Ambulance Chasing – refers to cases brought before the courts Recognized evils of Ambulance Chasing: 1. Valid reasons to decline engagement: (Rule 14.. fomenting suits. the cause of the defenseless or the oppressed.A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE.A lawyer shall not reject. 223 SCRA 318 Barratry – offense of frequently inciting and stirring up quarrels and suits. legal aid is not a matter of charity but a public responsibility B. he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client) Must exercise the same degree or standard of diligence accorded to paying clients. burden on courts and society 2. 2012. Ambulance Chasing – refers only to personal injury actions  Barratry – may refer to suits before any for a. Defrauding of injured persons having proper causes of actions but ignorant of their legal rights and court procedures (by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of the injured) CANON 2 . Rule 2. Lawyers excluded in the term of “practicing lawyer” 1. upon manufactured causes of action 4. Inc. INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.M. Subordination of perjury 3. Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to coordinate with a lawyer for cases where he may render free legal aid service. Government employees and incumbent elective officials not allowed by law to practice 2.Ulep vs.01 . Fomenting of litigation. Legal Clinic. 2009. then offering his legal services to one of the parties Ambulance Chasing – a lawyer’s act of figuratively chasing the victims of an accident for the purpose of talking to the victim or the latter’s relatives and offering his legal services for the filing of the case against the person who caused the accident Barratry vs Ambulance Chasing  Barratry – refers to any action. Mulcting of innocent persons by judgments. February 10. Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers All practicing lawyers are required to render a minimum of 60 hours of free legal aid services to indigent litigants in a year.

04 . Lawyers not covered under subparagraphs (1) to (3) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies Indigent and pauper litigants are those whose gross income and that of their immediate family does not exceed an amount double the monthly minimum wage of an employee and those who not own any real property. dignified and objective information or statement of facts. A penalty of P4. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work render free legal aid to indigent and pauper litigants and 4.  Consider the IBP Chapter approved Schedules of Attorney’s fees  To avoid demeaning and degrading competition CANON 3 . 3.In such cases.A lawyer in making known his legal services shall use only true. fair. They are exempt from payment of docket fees and lawful fees as well as transcripts of stenographic notes. honest. he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. as he is a member of an honorable profession the primary purpose of which I to render public service and secure justice. even if the lawyer does not accept a case. (Solicitation – discussed with Canon 3) Rule 2. EXC: (Forms of Permissible Advertisement) .A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.000 shall be imposed on the lawyer who fails to meet the required minimum number of hours of legal aid service each year required by the IBP without satisfactory explanation.03 .A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. Advertising GR: a lawyer cannot advertise his talent. (immediate legal advice) Rule 2. Rule 2. remuneration is a mere accident. The lawyer shall have a “not in good standing” status and shall not be allowed to appear in court or any quasi- judicial body as counsel for a period of 3 months.02 . A lawyer who fails to comply with their duties in the Rule for at least 3 consecutive years shall be subject to disciplinary proceedings and may be suspended from the practice of law for 1 year.

they keep breast with law and jurisprudence. SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. as the latter cannot practice law in the Philippines and the use of foreign law firm name in the country is unethical. August 8. either personally ir through paid agents or brokers (Rule 138. firm name or office address. Ordinary professional cards 4. for legal publications in which he gives information upon the law but cannot accept employment from such publication to advise inquires in respect to individual rights of persons 2. 2000 Purpose: To ensure that throughout their careers. 2. 27. . 93 SCRA 1 (1979). Notice to other local lawyers and publishing in a legal journal of one’s availability 5. misleading or assumed name shall be used. CANON 4 . Laws lists. but not under a designation of a special branch of law Solicitation of cases constitutes malpractice The law prohibits lawyers from soliciting cases for the purpose of gain. Simple announcement of the opening if a law firm or of changes in the partnership. maintain the ethics of the profession and enhance practice of law. but only brief biological and informative data 3. Sec. PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS. BAR Matter 850: Mandatory Continuing Legal Education. Proffer of free legal services to the indigent.A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS. even when broadcasted over the radio or tendered through circulation of printed matter to the general public 6. Filipino lawyers cannot practice law under the name of a foreign law firm. No false. 1. ROC) Use of Law Firm Name: 1. Writing legal articles.A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Examples:  Present position papers or resolutions for the introduction of pertinent bills in Congress  Petition with the SC for the amendment of the ROC CANON 5 . Listing in a phone directory. being for the convenience of the profession 7. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. Where a partner accepts public office he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice concurrently 3. This rule abandoned the doctrine in the case of In Re: Sycio.

Senators and HR Members 3. Government Corporate Counsel.Requirements for Completion of ML: at least 36 hours of continuing legal education activities per 3 years:  6 hours – legal ethics  4 hours – trial and pretrial skills  5 hours – alternative dispute resolution  9 hours – updates on substantive and procedural laws and jurisprudence  4 hours – writing and oral advocacy  2 hours – international law and international conventions  6 hours – other subjects as may be prescribed by the MCLE Committee Persons exempted from MCLE: 1. Deputy and Assistant Government Corporate Counsel 7. Chief Justice. incumbent members of the JBC and incumbent court lawyers covered by the Philippine Judicial Academy Program of continuing legal education 4. and members of the Corps of Professional Lecturers of the Philippine Judicial Academy 12. Overall Deputy Ombudsman. Special Prosecutor 9. Those who are not in law practice. Others: a. private or public b. Chair and members of the Constitutional Commissions 8. Solicitor General. bar reviewers and professors of law having teaching experience of at least 10 years in accredited law school 11. Chancellor. Chief State Prosecutor and Assistant Secretaries of the DOJ 5. Vice Chancellor. Head of government agencies exercising quasi-judicial functions 10. Those who have retired from law practice with the approval of the IBP Board of Governors Good Causes for Exemption form of Modification of Requirement:  Verified request  Grounds: o Physical disability o Illness o Post-graduate study abroad o Proven expertise in law Consequences for Non-Compliance:  Listed as delinquent member by the IBP Board of Governors upon the recommendation of the Committee on MCLE . President. Deputy Ombudsman. Chief State Counsel. Incumbent Deans. Governors and Mayors 13. incumbent and retired justices of the Judiciary. Vice President and Undersecretaries of the Executive Department 2. Associate Justice of the Supreme Court. Associate Solicitor General 6. Ombudsman.

permanent. upon the recommendation of the Committee on Legal Education and Bar Matters. appointive. dated May 2. Committee on Legal Education and Bar Matters." CANON 6 . temporary.THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. 2008 "Bar Matter No. informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records. as may be applicable. of Associate Justice Antonio Eduardo B. non-career (including military and police).The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE BAR Matter No. obligations upon his assuming public office  Lawyers who are incumbent judges are governed by the Code of Judicial Conduct. 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees  Public officials (including government lawyers) o Elective. the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption.  A lawyer does not shed his professional. They cannot be investigated by the IBP Commission on Bar Discipline. June 3. The Court further Resolved. Nachura. 1922. 1922. career. whether or not they receive compensation. R. to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial bodies. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. for the immediately preceding compliance period. regardless of the amount  These norms should be observed in the discharge and execution of official duties: o Commitment to public interest o Professionalism o Justness o Sincerity o Political neutrality o Responsiveness to the public o Nationalism o Patriotism o Commitment to democracy o Simple living Canon 6 -THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. – The Court Resolved to NOTE the Letter. The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation.A. 2008. . Chairperson.

tantamount to the representation of conflicting interests). If a prosecutor finds that there is no sufficient evidence:  In the preliminary investigation: resolve to the effect that there is no problem cause  If case has already been filed: file a motion before the court for the dismissal of the action  If case on appeal: recommend before the appellate court the acquittal of the accused Rule 6. enforcing or interpreting government agency procedures.03 .A lawyer in the government service shall not use his public position to promote or advance his private interests. GR: a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official Exc: misconduct is of such character as to affect his qualification as a lawyer to show moral delinquency.The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. Sec.02 . PCGG vs Sandiganbayan. isolatable act as well as identifiable transaction or conduct involving a particular situation and specific party.Government lawyers are prohibited to engage in private practice unless authorized by the Constitution or law provided that such practice will not conflict or tend to conflict.  Primary duty is not to convict but to see that justice is done  The suppression of facts or concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is caused for disciplinary action A prosecutor is a quasi-judicial officer. GR No.03: o An act of a person who has the power to influence the subject proceedings o Such intervention cannot be insubstantial. Thus. 3(d) – corrupt practices of public officials: . The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. after leaving government service.01 . 151805 (2005)  Matter: any discrete. accept engagement or employment in connection with any matter in which he had intervened while in said service. insignificant or innocuous RA 3019. Rule 6. regulations or laws. (otherwise.A lawyer shall not. nor allow the latter to interfere with his public duties. then he may be disciplined as a member of the bar Rule 6. he should be as much concerned with seeing that no innocent man suffers as in seeing that no guilty man escapes. or briefing abstract principles of law  Interventions as contemplated under Rule 6. and not merely an act of drafting.

SEC. supervised or licensed by their office unless expressly allowed by law. Rule 7. or accept employment as officer. or accused of. fair and frank to fellow lawyers. 7(b) Prohibitions: own. LICENSE REVOKED. trustee or nominee in any private enterprise regulated. Canon 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession. consultant. Diao vs MArtines (7 SCRA 477) – False pretenses in misrepresenting that he finished Associate in Arts Degree when he had not. (This prohibition shall continue 1 year after separation) The lawyer and the legal profession In a nutshell: uphold the integrity and dignity of the legal profession and support the IBP.01. If what is concealed is a crime not involving moral turpitude – concealment is itself evidence of sufficient lack of moral character . broker.xxx accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof and within one year after its termination RA 6713. employee. counsel. Be courteous. agent. Not to encroach upon the employment of another lawyer. indicated for or convicted by ant court or tribunal of any crime involving moral turpitude. Otherwise:  Denied permission to take the Bar  Not allowed to take oath  Stricken from the Roll of Attorneys In Re: Ramon Galang (66 SCRA 282) – Under oath: “he has not been charged with any offense before a Fiscal. control. But he intentionally withheld his criminal case of slightly physical injuries which was still pending (he was allowed to take the Bar 7 times due to such concealment) and allowed to take his oath in 1972. Not to assist in the unauthorized practice of law. or other officers. manage. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. nor is there a pending case against him”. STICKEN FROM THE ROLL. and support the activities of the Integrated Bar. Municipal Judge.

ROC) Rule 7. cost of improving the profession should be shared by the subjects and beneficiaries of the regulatory program. The Integrated Bar . A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character. SC has plenary power in all cases regarding the admission to and supervision of the practice of law . renders him unfit to continue practicing law. nor shall he. Integration does not make a lawyer a member of any group of which he is nit already a member .02. behave in a scandalous manner to the discredit of the legal profession . Is bar integration constitutional? (In Re: Edillon) . whether in public or private life. . Not violative of the freedom of association.Rule 7. Only compulsion is the payment of annual dues. Integration of the Bar . or other relevant attribute.03. Commission of unlawful act though not related to the discharge of professional duties which put his moral character in serious doubt. education. Sec. Violation makes a lawyer liable for disciplinary action. Accept without hesitation employment against a member of the Bar who has wronged his client . . National organization of lawyers (IBP) created January 16. Mandated by the Constitution when it gave the SC powers to promulgate rules concerning. . Valid exercise of police power over an important profession . Legal practice not a right but a privilege . . Official state organization requiring membership and financial support of all attorneys as a condition precedent to the practice of law. the lawyers. Expose without fear or favor before the proper tribunals corrupt or dishonest conduct in the profession . Guard the bar against admission to the profession of persons of deficient moral characters. the integration of the Bar. 27. Dictated by overriding considerations of public interest which justifies the restrictions that integration imposes upon the personal interests and convenience of the individual lawyers. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. gross misconduct in office (Rule 138. among others. 1973pursuant to Rule 139-A ROC. Duty to uphold the honor of the profession: . Essentially a process by which every lawyer is afforded an opportunity to do his share in carrying out the objectives of the BAR as well as obliged to bear his portion of its responsibilities .

or to a disbarred lawyer. Delegation to a non-lawyer. and shall avoid harassing tactics against opposing counsel. 4749. 2000). to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Cannot even delegate to a qualified person without the client’s consent (personal relationhip) . assist in the unauthorized practice of law. without fear or favor. however. . A lawyer may however interview any witness or prospective witness of the adverse party CANON 9 A lawyer shall not. Rule 9. A lawyer shall not negotiate with opposite party who is represented by counsel. . The exemption granted by R. No. 7432 to senior citizens from paying individual income tax does not exempt lawyers who are likewise senior citizens from paying IBP dues and privileged tax. A lawyer should not steal clients . emphatic but respectful . directly or indirectly. Want of intention not an excuse for the disrespectful language used Rule 8. not the lawyers.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing.C. in his professional dealings. encroach upon the professional employment of another lawyer.A. Rule 8. suspended a lawyer.01 – A lawyer shall not.Santos vs Llamas (A. it is the right of the lawyer. Integrated Bar Bar Associations Compulsory voluntary Sine qua non to the practice of law no Violation of rules on integration is sufficient cause no for disbarment or suspension Shall not operate at cross-purposes with the IBP (should not obstruct or defeat the purposes of the IBP Canon 8 – A lawyer shall conduct himself with courtesy. fairness and candor towards his professional colleagues. alien lawyer… unethical . directly or indirectly. . are the litigants . Clients. . . Forceful but dignified. use language which is abusive. Only those licensed by the SC may practice law in this jurisdiction. January 20.02 –A lawyer shall not. offensive or otherwise improper. without the latter’s knowledge or presence . Should be observed even in the pleadings that lawyers file.

long dead. executed a deed of sale in the lawyer’s favor  Denying having received the notice to file brief which denial is belied by the return card  Presenting falsified documents before the court Art. Quotation of Decision  Must be verbatim  Provide the proper citation  Do not quote the syllabus Rule 10.A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. THE LAWYER AND THE COURTS CANON 10 . or assert as a fact that which has not been proved. or knowingly cite as law a provision already rendered inoperative by repeal or amendment. 184. where the lawyer or law firm includes non-lawyer employees in a retirement plan.  Cases of Falsehood: Raising issues long laid to rest by a final and executor judgment  Making it appear that a person.A LAWYER OWES CANDOR. on a profit-sharing arrangement. Aug. G. nor consent to the doing of any in Court. even if the plan is based in whole as in part.Rule 9. CA.02. Litigation is not a game of technicalities Eternal Gardens Memorial Park vs. No. CHAPTER III. or b. or allow the Court to be misled by any artifice.03 . where a lawyer undertakes to complete unfinished legal business of a deceased lawyer.R. upon the latter’s death. A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law. 123698.01 . the language or the argument of opposing counsel. nor shall he mislead. 1998 To thwart the execution of a judgment which has long been rendered final and executor. 5. or the text of a decision or authority. Rule 10. or c.02 . RPC (false Testimony) – knowingly offer in evidence a false witness or testimony in any judicial or official proceeding. Rationale: burden on judiciary would be intolerable if it cannot take at face value what is asserted by counsel… Rule 10. FAIRNESS AND GOOD FAITH TO THE COURT. petitioner resorted to: .A lawyer shall not knowingly misquote or misrepresent the contents of a paper. money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement.A lawyer shall not do any falsehood. except: a. where there is a pre-existing agreement with the partner or associate that.

They do not discharge this duty by filing pointless petitions that only add to the workload of the judiciary. petition to CA. especially this court. (In Re: Almacen 31SCRA 581) CANON 11 . petition to SC. judge arose from his seat and grabbed the witness by the shoulder… lawyer asked that the incident be placed on the record. denied. Rule 11.A lawyer shall appear in court properly attired. denied. Rule 11. offensive or menacing language or behavior before the Courts. opposing the Writs of Possession in favor of Sps. Third.A lawyer shall abstain from scandalous.04 . the case has dragged on for 17 years.A lawyer shall punctually appear at court hearings. MFR.02 .A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.03 . Rule 11. In Re Aguas 1 Phil 1: The instructed witness not to look at defendant’s lawyer but instead focus his attention on the former.01 . They do not advance the cause of law or their clients by commencing litigations that for sheer lack of merit do not deserve attention of the courts. same as second. petition denied. lawyers have a responsibility to assist in the proper administration of justice. In the meanwhile that the case was protracted and execution delayed due to the unmeritorious petitions of petitioner.  Lawyer’s first duty is to the courts  Not only to judges but also to judicial officers who take part in the judicial work  Obedience to court orders and processes  Criticism must be bona fide and must not spill over the walls of decency. was held in contempt. A judicious study of the facts and the law should advise them when a case such as this. denied. “As officers of the court. petition denied. which is burdened enough as it is. Petition for Review before SC. . MFR. MFR. denied. Second: Petition for Certiorari before CA. When the witness did not give heed to the warning. MFR. should not be permitted to be filed to merely clutter the already congested judicial dockets. Seelin impossible. Rule 11. denied. Seelin before the RTC by filing MFR.First. wherein interment on the parcel of land has taken place rendering execution in favor Sps.A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

1970 Rule 11. a party seeks favorable opinion in other forum (a) on the gamble that one will render a favorable disposition Elements of forum-shopping – same parties. same reliefs (relate to res judicata and litis pendentia) What are the evils of forum-shopping?  Duplication or multiplications of suits  Double or multiple vexation of lawsuits arising from only one cause  Clogging or court dockets  Waste of time. energy and resources. same causes of action.02 . Rule 12. L-27654. 1996 In Re Almacen. GR No. same issues. Apr. Otherwise:  Failure to comply not curable by amendment .Maceda vs Ombudsman (GR No.for SC Justices (impeachable officers) CANON 12 .01 . Arcangel. 29. Wicker vs. 18. ROC: CERTIFICATION OF NON-FORUM SHOPPING in initiatory pleadings signed by the party. 112869. the evidence he will adduce and the order of its preference. Office of the Ombudsman. Supreme Court 2.R. G.A lawyer shall submit grievances against a Judge to the proper authorities only.A lawyer shall not file multiple actions arising from the same cause. Rule 7. 1993) 3. He should also be ready with the original documents for comparison with the copies. 22. No. Lawyers must however be courageous enough to espose arbitrariness and injustices of judges.Sc ruled that act of insisting that the matter be placed on record is not contemptuous. Proper Authorities: 1. 102781. not the lawyer.05 . Forum-Shopping .A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. HR & Senate.  Reprehensible manipulation of court processes and proceedings  May result in tribunals rendering conflicting rulings How do the courts seek to prevent forum-shopping & what are the effects of non-compliance? Sec 5. Jan. Rule 12.A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case.as a result or in anticipation of adverse opinion in one forum. Feb.

A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. impede the execution of a judgment or misuse Court processes. browbeat or harass a witness nor needlessly inconvenience him.04 . administrative action Rule 12. Rule 12.06 . 181. RPC depending upon the nature of the case) o Lawyer.A lawyer shall not. Rule 132.03 . RPC). administrative and criminal sanctions  Willful and deliberate forum-shopping. improper or insulting questions. and from harsh and insulting demeanor  Not to be detained longer than the interests of justice requires  Not to be examined except only as to matters pertinent to the issue  Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law  Not to give an answer which will tend to degrade his reputation.07 .  Lawyer should do no falsehood nor consent to the doing of any in court  Criminal Liability: o Witness. ROC  To be protected from irrelevant.08 . and the like.A lawyer shall avoid testifying in behalf of his client.offering false testimony in evidence (Art. 182 or 183. Rule 12. or .false testimony (Arts.A lawyer shall refrain from talking to his witness during a break or recess in the trial. Rule 12. unless otherwise provided. unless it be very fact at issue or to a fact from which the fact in issue would be presumed. authentication or custody of an instrument. except: (a) on formal matters. to uphold the truth Rule 12.05 . and criminal and administrative liability Rule 12.  To prevent lawyer from teaching or coaching witness to testify in his favor or to rectify some mistakes or statements damaging to his cause  In the last analysis.summary dismissal with prejudice. after obtaining extensions of time to file pleadings. But a witness must answer to the fact of his previous final conviction for an offense.  Dismissal without prejudice. What are the rights of the witness under the ROC: Sec. let the period lapse without submitting the same or offering an explanation for his failure to do so. direct contempt. upon motion and after hearing  Submission of a “false certification/noncompliance with any of the undertaking therein-indirect contempt of court.A lawyer shall not unduly delay a case. such as the mailing. memoranda or briefs. while the witness is still under examination. 3.A lawyer shall not abuse. 184.

A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.03 . In civil cases. information and belief. Mayor Sanchez. THE LAWYER AND THE CLIENT CANON 14 . there is good ground to support it. Is this rule applicable to civil cases? -No. Reason? To protect the good name and reputation of both lawyer and judge.(b) on substantial matters. in cases where his testimony is essential to the ends of justice. creed or status of life. 121039-45. that to the best of his knowledge. CANON 13 .01 . Rule 13. fair trial in the courts may be hampered or interfered with However if the ______________________________ of the case justify a statement to the public? When is trial by publicity prejudicial? There must be allegation and proof that the judges have been unduly influenced. October 18. OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. . March 2. 2001 and Estrada vs Desierto. and such defenses that he believes are honestly debatable under the law. entrust the trial of the case to another counsel. CHAPTER IV.02 . or because of his own opinion regarding the guilt of said person. GR NO. sex. it is the lawyer’s duty to counsel or maintain such actions or proceedings only as appear to him to be just.A lawyer shall not decline to represent a person solely on account of the latter's race. GR Nos. in which event he must. Evil sought to be avoided by the rule? Trial by publicity. to avoid misconstructions of motive. during his testimony. 146710-15.A lawyer shall not extend extraordinary attention or hospitality to. The lawyer’s signature in a pleading is deemed a certification by him that he has read the pleading. so as not to seriously affect the confidence of the litigants and the public in general on the courts and justice system Rule 13. as reiterated in PP vs.A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. by the barrage of publicity (Martelino vs. Alejandro. 2001) Rule 13.01 .A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE. nor seek opportunity for cultivating familiarity with Judges. not simple that they might be. Rule 14.

if he has counsel de parte. Rule 14.A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. the accused cannot.  Can a lawyer refuse to represent an accused believing he is guilty? -No. He should defend the accused by all fair and reasonableness. Rule (not clear) accept representation of an indigent client unless: a.A lawyer shall not decline. except for serious and sufficient cause. Can an accused refuse a counsel de oficio? Yes. refuse a counsel de oficio. an appointment as counsel de officio or as amicus curiae. the complaint was not filed at a proper authority. without valid grounds. Rule 15. Mejia vs.02 . the sole reason is his belief only.But he can decline if there is a valid and justifiable ground. trial has not yet began but he has already convicted a person.  Grounds to dismiss a case – transcription. and if so. If the accused manifests that he wants to hire counsel de parte.) He is not in a position to carry out the work effectively or competently.04 .  Not applicable in civil cases Rule 14. However. Concept of Conflicting Interests . shall forthwith inform the prospective client. in conferring with a prospective client.) He labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. Rule 138 where the services of counsel are needed to attain the ends of justice. double jeopardy. or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. under Section 31. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. Can the judge assign a lawyer to render free legal aid to destitute or indigents in civil cases? Yes.  You know the accused is already guilty yet NO judgement – fight for the acquittal. When the lawyer would argue a claim on one hand and would have to argue the defense against such claim on the other hand.01 – A lawyer. b. court should give him sufficient time to do so. Everybody deserve proper defense and due process. Reyes .

In a case. mere consultation suffices to establish a lawyer-client relationship. Lawyer should not represent conflicting interests. do not prioritize attorney’s fees over and above clients’ shares in the judgment award) Rule 15. Mejia learned that Reyes was the PNB’s counsel. 209. Valdez Atty. RPC) Treachery and double-dealing is condemned. Two claimants against the estate are clients of his accounting firm. Nakpil vs. When is representing conflicting interests authorized? . he handled litigation involving PNB and a certain Mejia. Duty (not to represent conflicting interests) applies even AFTER attorney-client relationship is terminated. Betrayal of Trust by an Attorney (Art.Atty.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Mejia did not push through with his intended appeal. At Reyes’ advise. Where the lawyer did not accept the case but represented the adverse party after consultation by the other… Hilado vs. Atty. David It is not essential that the client should have employed or paid the lawyer professionally. In case of conflict of interests of a lawyer and his client – favor the client. Valdez is managing partner of his own law firm and own accounting firm. Reyes was the counsel and notary public of PNB. Later on. Mejia lost and wanted to appeal. Valdez represented the estate of the late Jose Nakpil. In such capacity. Representing conflicting interests is a criminal offense. Act constitutes malpractice. (e. Suspended for representing conflicting interests.g.

tribunal or legislative body.Upon written consent of the client concerned given after full disclosure of the facts.) does not extend to communication of future crimes. or his advice given thereon in the course of. or with a view to. stenographer.) To enable counsel to obtain full information so as not to misled in the evaluation of the merits or demerits of the client’s case.  Form of communication: oral. it is the lawyer who should hold the reins. or clerk be examined.  Unprivileged communication: lawyer can be compelled to testify. communication must be for a lawful purpose or in furtherance of a lawful end. Rule 15. For otherwise. or else he may be cited in contempt of court. actions.  This is another instance of loyalty to the client. nor can an attorney’s secretary. professional employment.  Are pleadings confidential? Yes. Rule 15.) To encourage client to make full disclosure without fear.05 – A lawyer hen advising his client.  The privilege applies to law students under the Law Student Practice rule Two-Fold Purposes of the Rule: a. Rule 15. b. a person committing or about to commit a crime can have no privileged witness.  Basic limitations of privileged communication: a. written. before they are (not clear) in court. shall give a candid and honest opinion on the merits and probable results of the client’s case. without the consent of the client and his employer. b.) purpose of seeking legal advice. (Not clear) an instance of candor. if the purpose is criminal.03 – A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. but the lawyer should be bound to disclose at once in the interest of justice. signs… Section (not clear) ROC – An attorney cannot. be examined as to any communication made by the client to him. it is not only lawful to divulge. concerning any fact the knowledge of which has been acquired in such capacity.  Virtual confessional seal of the client’s secrets and confidences. .06 – A lawyer shall not state or imply that he is able to influence any public official. neither overstating or understating the prospects of (not clear). On matters of law. without the consent of his client.

02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Agent . curbing the client’s desire (not clear) the litigation or to (not clear) to the streets and rally Rule 15. Rule 16. Arcangel) Lawyers should advise clients on matters of decorum and proper attitude towards courts of justice e. TWO (2) DUAL ROLES OF THE LAWYER TO HIS CLIENT: 1. . the lawyer (not clear) because no client will engage his (not clear).  Relationship of lawyer-client is highly fiduciary and demands utmost fidelity and good faith. and appropriating the same (Docena vs. Meneses III.Appear in court in behalf of the client. Securing money from client for fictitious supersedeas bond. 30. Melo. 10.Utmost good faith and fidelity is required. Misappropriating money given by client to be used for amicable settlement (Navarro vs. Limon. Sandiganbayan. Jan. .  Examples of other capacities: real estate (not clear) agent. 313.More than an ordinary agent (Regata vs. Without this fidelity. . Misappropriation by lawyer of rentals (Licuanan vs.01 – A lawyer shall account for all money or property collected or received for or from the client. 170 SCRA 100) 2.  Rosacia vs. Sept. “Lawyering” or “being a mere mouthpiece of the client” untenable arguments (Wicker vs. ACT No. Fiduciary or Trustee .g. 105938.Strict compliance with Canons 14-22. collection CANON 17 – A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. G. 2387.The client should yield to the lawyer and not the other way around. 1998) 3. Bulalacao CANON 16 – A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION. .Lawyer is foremost an officer of the court. insurance adjuster. 1996). No. LAWYER’S BREACH OF CLIENT’S TRUST Illustrative Cases: 1. 2.Bind the client in all matters of ordinary judicial procedure. . 1998) Rule 16.R.  (Not clear) to client’s cause is the essence of the (not clear).08 – A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. AC No.

 No presumption of innocence or improbability of wrongdoing is considered in the lawyer’s favor. March 4. Valdez. until payment of his attorney’s fees.  Much higher standard of good faith is required compared to business transactions that are at arm’s length. GENERAL. TWO (2) KINDS OF ATTORNEY’S LIENS: a. Rule 16. SPECIAL.Unlawful Rentention of Clients’ Funds:  Violation of Canon 16. RETAINING. 2040. Rule 16. when in the interest of justice. PARTICULAR. NON-POSSESSORY LIEN – right of the attorney to request the court to annotate his claim for attorney’s fees in whatever recoveries made by the client from the losing adversary. POSSESSORY LIEN – right of lawyer to lawfully withhold his client’s property (funds or documents) that lawfully come into his possession. He shall also have lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements. Business transactions with clients:  Lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. Neither shall a lawyer lend money to a client.  Constitutes contempt of court: Officer of the court who has misbehaved in his official transactions. CHARGING. Why the recognition of the Atoorney’s Lien? . 1998). However. AC No. he has to advance necessary expenses in a legal matter he is handling for the client. b.03 – A lawyer shall deliver the funds and property of his client when due or upon demand. except.  Criminal and civil prosecution.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. (Nakpil vs. giving notice promptly thereafter to his client.

 And may retain the same until his LAWFUL FEES AND DISBURSEMENTS have been paid. to remunerate him for being deprived of employment by other persons who may have adverse interests to that of the client retaining the lawyer’s services.  Proper administration of justice cannot be secured without an intelligent and prosperous bar. it is apart from what the client agreed to pay for the contemplated services. CA. ROC) A lawyer shall have a lien:  Upon all judgments for the payment of money. . (Research & Services Realty. 78 Misc. In the absence of an agreement to the contrary. Altvater. Rule 138. Limitations on exercise of retaining lien:  Funds. vs. ROC) An attorney shall have a lien:  Upon the FUNDS. Roach. DOCUMENTS and PAPERS of his client. Inc. Rule 138. 29 ALR 143) Basis of Retaining Lien (Sec. and papers only  Thing retained should have lawfully come into the possession of the lawyer under circumstances consistent with the enforcement of a lien for services.  And may apply such funds to the SATISFACTION thereof. the retaining fee is neither made nor received in consideration of the services contemplated.  It is but natural that the lawyer be secured in the fruits of his professional labor. (Stansell vs. 37. Thus.37.  Which have LAWFULLY COME INTO HIS POSSESSION. 266 SCRA 731) Basis of Charging Lien (Sec. Rather. and executions issued in pursuance thereof. documents. retaining lien does not apply to funds coming into the lawyer’s possession in trust  A lawyer cannot retain files the client needs to pursue his case (People vs. 2d 24)  For lawful feels and disbursements only Is retaining lien the same as retaining fee? RETAINING (OR RETAINER) FEE – A preliminary fee paid to ensure and secure a lwayer’s future services.

01 – A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. Effects of Negligence and Incompetence of Lawyer:  Disciplinary action against the lawyer  Malpractice suit for damages  A criminal conviction may be set aside . and  Shall have caused written notice thereof to be (not clear) to his client and to the adverse party. Securing favorable money judgement documents.02 – A lawyer shall not handle any legal matter without adequate preparation. 2. and funds belonging to for the client client COVERAGE Only documents.03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. RETAINING LIEN CHARGING LIEN NATURE Pasive Active General Specific BASIS Lawful possessions of papers.  From and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgemnt. he may render such service if. Rule 18. However.  Which he has secured in a litigation for his client. papers and funds in Covers all judgments for the payment the lawful possession of the lawyer by of money and esecutions pursuant reason of his professional thereto employment EFFECTIVITY As soon as lawyer takes possession As soon as claim for the lien entered into the records of the case NOTICE Client need not be notified Client and adverse party must be notified APPLICABILTY May be exercised before judgment or Exercised only when lawyer had execution. with the consent of his client. and executions pursuant thereto. or issuing such execution. Applies only to favorable money judgments. he can obtain as collaborating counsel a lawyer who is competent on the matter. (Slide incomplete) Limitations on exercise of charging lien: 1. or regardless thereof already secured a favorable money judgment (Slide Incomplete) Rule 18. Rule 18. Applies only to the specific action in which the charging lien is recorded.

CA. No prudent party will leave the fate of his case entirely to his lawyer. Washington (466 US 668) Effects of Negligence and Incompetence of Counsel in CIVIL CASES  Retrial may be conducted  Courts are slow in setting aside judments in civil cases Diligence required of counsel: ORDINARY CARE and DILIGENCE A lawyer is not an insurer of the result of a case. (Bernardo vs.  A retrial may be had in civil cases Effects of Negligence and Incompetence of Counsel IN CRIMINAL CASES  Criminal conviction may be set aside if the errors of the defense counsel were so shocking that they deprived the accused of the constitutional right to effective counsel. Rule 18. 245 SCRA 384) CANON 19 – A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW . IS THE CLIENT BOUND BY THE NEGLIGENCE OF HIS COUNSEL? General Rule: YES! Any at of the lawyer within the scope of his general or implied authority is considered an act of the client. It is also the duty of a client-litigant to be in contact with his counsel from time to time in order to be informed of the progress of his case. not just some conceivable effect on the outcome of the case.” Furthermore. 275 SCRA 413) Litigants should give necessary assistance to their counsel for what us at stake is their interest in the case. liberty. (Grrenhills Airconditioning vs. (McMann vs. 397 US 759)  Conviction may be set aside but accused must show that his counsel’s acts aor omissions “were outside the range of professionally competent assistance. NLRC. the acts or omissions must have caused actual prejudice. Strjckland vs. or property without due process of law. Exception: When the application of the general rule would result to serious injustice or outright deprivation of the client’s life. Richardson.04 – A lawyer shall keep the client informed f the status of his case and shall respond within a reasonable time to the client’s request for information.

despite the client’s contrary wishes.03 – A lawyer shall not allow his client to dictate the procedure in handling the case He (the lawyer) should follow his own decision and not that of his client. shall promptly call upon the client to rectify the (not clear) failing which he (not clear) the relationship (not clear) client in accordance (not clear) Rules of Court Rule 19. Rationale of Attorney’s Fees Although the legal profession not a business undertaking. perpetuated a fraud upon a person or tribunal. to present (not clear) the law permits. Defined The remuneration given to a (not clear) reasonable compensation (not clear) professional services. the lawyer like all other human beings (not clear) to a livelihood.A lawyer’s duty is not to his client but to the administration of justice. Attorney’s Fees. or under (not clear) causes. To the (not clear) may be deprived of life (not clear) by due process of law (not clear) (138. a lawyer may agree to postpone the trial of the case. regardless of his personal opinion as to the guilt of the accused. in the defense of a person accused of a crime by all fair and honorable means.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present. CANON 20 – A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. (not clear) (29 ALR 143) Ordinary Concept of Attorney’s Fees:  Reasonable compensaton paid (not clear) a lawyer by his client for the legal services he has rendered to the latter. his client’s success is wholly subordinate. (not clear) 190 SCRA 306) Rule 19. ROC) Rule 19.  (not clear) employment or (not clear) of the lawyer by the (not clear) Extraordinary Concept of Attorney’s Fees: Indemnity for damages ordered by the court to be paid by the losing party in litigation . Thus. participate inpresenting or threatening (not clear) unfounded criminal (not clear) to obtain an improperly (not clear) in any case or (not clear) Defense of a person accused of a crime It is the duty of the attorney.02 – A lawyer who has received information that his client (not clear) the coarse of the representation. (Maglasang vs. if the opposite (not clear) or under bereavementl. to that end. and his conduct ought to and must (not clear) scrupulously observant (not clear) ethics.

When the (not clear) the plaintiff to (not clear) with third persons or to their expenses to protect his interest. The law seeks to protect (not clear) unscrupulous and ungrateful (not clear) lawyers to avoid payment. just and demandable claim. Oral Written Contract for Attorney’s Fees: To avoid controversy over attorney’s fees ais advisable to agree in advance as to the matter of how the lawyer is to be compensated. other than judicial costs. 8. 2. (not clear) under workmen. 6. 1. Interpretation of Contracts for Attorney’s Fees . a promise to pay a reasonable value is presumed (not clear) How agreement re: attorney’s fees made: 1. ARTICLE 2208. 11. (not clear) to recover civil liabilty arising from a crime. in case of unjustified (not clear) he shall be entitled to (not clear) full compensation based on (not clear). 7. 3. NEW CIVIL CODE: In the absence of stipulation. cannot be recovered.GR: Payable to the client (not clear) between the lawyer (not clear) the attorney’s fees shall (not clear) laywer as additional (not clear) or as part thereof. In criminal cases of malicious prosecution against the plaintiff. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid. laborers and skilled workers. Bases for Attorney’s Fees if Contract is Implied:  Concept of Unjust Enrichment – (not clear) one shall unjustly enrich himself at (not clear) another. In case of a clearlt unfounded civil action or proceeding against the (not clear) 5. (not clear) judicial costs are awarded. Furthermore. 4. Presumption as to Entitlement of Attorney’s Fees: GR: If a lawyer renders valuable services to one who receives the benefits thereof. (not clear) where the court deems it just and equitable that (not clear) of litigation should be recovered. In actions for the recovery of wages of household helpers. 10. attorney and expenses of litigation. When exemplary damages are awarded.s compensation and (not clear) 9. In actions for legal support.

In fine. (not clear) based on Piece Work Contigent Fee Contract  A contract whereby a lawyer gets paid for services only if he wins the case for the client  A. Fixed Fee Payable Per Appearance 4. Special Retainer Fee for a specific case handled or special service rendered by the lawyer for a client. 1997): (Slide Incomplete) General Retainer Fee paid to a lawyer to secure his future (not clear) as general (not clear) for any ordinary lehal problem (not clear) may arise in the routinary business of the client and referred to him for legal action.A “No Cure. Fixed or Absolute Fee 2. the client pays the lawyer a fixed retainer fee which could be monthly or otherwise. March 14. A client may have several cases demanding special or individual (not clear) for every case there is a (not clear) independent contract for (not clear). (not clear) Hourly Rate / Time Billing 5. each fee is considered (not clear) retainer. a (not clear) favorable to the client (not clear) preferred. 8 SCRA 764) Attorney’s Fees are subject to judicial review Reason: A lawyer is primarily an officer of the court charged with the duty of assisting the court in administering (not clear) justice between the parties (not clear) his attorney’s fees should (not clear) judicial control.In case of ambiguity of contract between attorney and client concerning compensation. Kinds of Retainer Fee Agreements 120592. (not clear) their agreement. The fees are (not clear) there are cases referred to the law (not clear) remuneration is that the lawyer (not clear) opportunity of rendering services (not clear) party or other parties. The future services the lawyer are secured and committed to the (not clear) client. No Pay Basis” .K. Kinds of Attorney’s Fees Arrangements: 1. Contingent Fee 3. For this. (not clear) for lost opportunities. (De Los Santos (not clear).

CHAMPERTOUS CONTRACT CONTIGENT CONTRACT Lawyer undertakes to bear all expenses incident to NA the litigation Payable in cash or in kind Payable in cash or in kind (not clear) Valid Other factors may be considered such as:  Client’s ability to pay  Reasonable requests of fellow lawyers. Defined: One whereby the lawyer agrees to presecute suits at his own expense the recovery of things or property belonging to or claimed by the client the latter agreeing to pay the former (not clear) the thing or property (not clear) as compensation. It neither (not clear) to givem to the lawyer any right (not clear) personal or real. Jan. usually a fixed (not clear) what may be recovered in the (not clear) to depend upon the success (not clear) (Taganas vs. No. and should always (not clear) to the supervision of the (not clear) its reasonableness. If the (not clear) does not occur. Champertous Contract. in and to the (not clear) winnings in the suit. where sanctioned by law. CA. in order to collect his fees. (not clear) an appeal despit his client’s refusal to (not clear) (Leviste vs. and of their (not clear) and orphans without ample means  Responsibilty imposed  Results secured (not clear) lawyers should avoid charges that (not clear) underestimate their legal advice and (not clear) . (not clear) (CPE) An attorney engaged on a contigent fee (not clear) may not. 348 SCRA (not clear) ) Rationale of Contingent Fee Contract Such contract is often the (not clear) way by which the poor and helpless (not clear) their rights vindicated (not clear) Amount of the Contingent Fee A contract for a contigent fee. 29184. NLRC. 1989)  Contigent fee contract does not make (not clear) lawyer a creditor of the client.R. should be reasonable under all circumstances including the risk and uncertainty of (not clear). G. then the lawyer (not clear) to his fees. 30.  Agreement laid down in an express contract between a lawyer and a client in which the (not clear) professional fee.

Veterans Claims) – A lawyer is limited to attorney’s fees of not more than Php 20. Rule 138): The lawyer shall recover the FULL AMOUNT of compensation stipulated (not clear) the contract if the following condition (not clear) (not clear) has been reduced to writing (not clear) attorney is without (not clear) Attorney’s fees where counsel withdraws  Cause is justified – Quantum Meruit  Cause is not justified – attorney’s fee (not clear) or even forfeited Law may limit the collection of Attorney’s fees  The state as parens patriae may protect the interest of the (not clear) Examples of law limitations on Attorney’s Fees:  R.00  “It shall be unlawful for any person to (not clear). cases of referral. with the consent of the client. unconscionable. 26. Inadequate legal fees might serve as a (not clear) for the lawyer to exert his (not clear) representing the client.A.S. Requisites for Fee-Splitting:  Referral cases  With client’s consent .Why should there be a criteria for reasonable (not clear) of fees? Excessive fees would discourage prospect clients from seeking legal reprensentation. 145 (U. in any judicial or (not clear) proceedings for the recovery (not clear) attorney’s fees which exceed (not clear) amount of wages recoevered (not clear) (Labor Code) Rule (not clear) – A lawyer shall. unreasonable  Where there is no express contract  Where the contract of employment is void  (not clear) irregularity in its execution (not clear) matters  (not clear) agreement to pay attorney’s fees (not clear) not been agreed upon Attorney’s fees where client withdraws (Sec. No. When attorney’s fees based on Quantum Meruit are Awarded:  When the fees stipulated appear excessive. be entitled to a division of fees (not clear) to the work (not clear) and the (not clear assumed. it might (not clear) dedicated and talented (not clear) pursuing a career in law.

accept (not clear) fee.04 – A lawyer shall avoid controversies with client concerning his compensation and shall resort to judicial action (not clear) imposition. costs. or a fine ranging from Php 200 to 1. reward. CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATIONSHIP IS TERMINATED Consequences of Violating Client’s Confidence: Criminal liability: Betrayal of trust by an attorney or solicitor. commissions.000 or both (not clear) addition to proper administrative (not clear) . Revelation of Secrets (Art. rebate or forwarding allowance or other (not clear) whatsoever (not clear) his professional (not clear) from anyone other (not clear) client.  (not clear) to the work performed (not clear) responsibilty assumed Rule 20. injustice (not clear) Assumpsit The action filed by a lawyer (not clear) client for collection (not clear) fees. 209. RPC)  Penalty: PC min.03 – A lawyer shall (not clear) without the full knowledge and consent of the client. interests. Rule 20.