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1C/1K ETHICS

AMENDED ASSIGNMENT
Legal Ethics

1. What are the requirements for admission to the bar?


Section 2. Requirements for all applicants for admission to the bar. — Every applicant for admission as a
member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral
character, and resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of
good moral character, and that no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.

2. Lawyer’s Oath (Memorize)


“I ______________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will
support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein;
I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or
malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good
fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So help me God.”

3. Four – fold duties of a lawyer (memorize)

4. Sec. 20, Rule 138 (memorize)


Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the
laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses
only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of
a party or witness, unless required by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of law.

5. Read Sec. 27, Rule 138


Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar
may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or
other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude, or for any violation of the oath which he is required to take before the admission to
practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing
as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

6. In your own handwriting define the following (use yellow paper):


1. Bar & Bench
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of the legal profession.

2. Bar Admission
Admission to the Bar means the permission given to a lawyer to practice law under a particular court system.
The permission is given by a court that functions under the court system in which a lawyer intents to practice.

3. Lawyer
A lawyer is a person who practices law, as a paralegal, advocate, barrister, attorney, counselor, solicitor, or
chartered legal executive.

4. Trial Lawyer
A lawyer who engages chiefly in the trial of cases before courts of original jurisdiction.

5. Practicing Lawyer
A practicing lawyer is the lawyer who holds the license to practice law from the bar of the concerned jurisdiction
and engages himself in the practice of law as an independent lawyer or joins a firm to undertake the practice
collectively. It excludes lawyers working as an employee of an organization.

6. Attorneys-at-Law
Class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon
whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence.

7. Attorney-in-Fact
An agent whose authority is strictly limited by the instrument appointing him, though he may do things not
mentioned in his appointment necessary to the performance of the duties specifically required of him by the
power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer.

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

9. Attorney – Ad Hoc
A person named and appointed by the court to defend an absentee defendant in the suit in which the
appointment is made.

10. Attorney of Record


One who has filed a notice of appearance and who hence is formally mentioned in court records as the official
attorney of the party. Person whom the client has named as his agent upon whom service of papers may be
made.

11. Of Counsel
To distinguish them from attorneys of record, associate attorneys are referred to as “of counsel.”

12. Lead Counsel


The counsel on their side of a litigated action who is charged with the principal management and direction of a
party’s case.

13. House Counsel


Lawyer who acts as attorney for business though carried as an employee of that business and not as an
independent lawyer.

14. Client
A person who employs or retains an attorney to represent him or her in any legal business; to assist, to counsel,
and to defend the individual in legal proceedings; and to appear on his or her behalf in court.

15. Amicus Curiae


Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not
a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but
actually to suggest a rationale consistent with its own views.
An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or
raises awareness about some aspect of the case that the court might otherwise miss. The person is usually, but
not necessarily, an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a
party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or
his views valuable to the court.

16. Amicus Curiae Par Excellence


If it's a bar association that appears before the court as amici curiae, it's called amicus curiae par excellence.

17. Integrated Bar of the Philippines


The national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers.

18. Moral Turpitude


A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of
justice, honesty, or good morals. Crimes involving moral turpitude have an inherent quality of baseness,
vileness, or depravity with respect to a person's duty to another or to society in general.

19. Ambulance Chasing


A lawyer who specializes in bringing cases seeking damages for personal injury.
A professional slur which refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing"
comes from the stereotype of lawyers that follow ambulances to the emergency room to find clients.

20. Barratry
Barratry is a legal term with several meanings.
It can refer to: Barratry (common law), litigation for the purpose of harassment or profit.
Ambulance chasing, when a lawyer seeks clients at a disaster site.
Barratry (admiralty law), misconduct by crew of a ship resulting in its damage.

21. Champertous Contract


A champertous contract is defined as a contract between a stranger and a party to a lawsuit, whereby the
stranger pursues the party’s claim in consideration of receiving part or any of the proceeds recovered under the
judgment; a bargain by a stranger with a party to a suit, by which such third person undertakes to carry on the
litigation at his own cost and risk, in consideration of receiving, if successful, a part of the proceeds or subject
sought to be recovered.

22. Quantum Meruit


Latin for "as much as he deserved," the actual value of services performed. Quantum Meruit determines the
amount to be paid for services when no contract exists or when there is doubt as to the amount due for the
work performed but done under circumstances when payment could be expected.

23. Doctrine of Double Deontology


Set of ethical criteria which Christian philosophers, and some others, have advocated for evaluating the
permissibility of acting when one's otherwise legitimate act (for example, relieving a terminally ill patient's pain)
may also cause an effect one would otherwise be obliged to avoid (sedation and a slightly shortened life)

24. Doctrine of Imputed Knowledge


A rule in insurance law that any information material to the transaction, either possessed by the agent at the
time of the transaction or acquired by him before its completion, is deemed to be the knowledge of the
principal, at least so far as the transaction is concerned, even though in fact the knowledge is not communicated
to the principal at all.

25. Gross Misconduct


Misconduct is defined as the “transgression of some established and definite rule of action, a forbidden act, a
dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment.” It becomes
a serious misconduct when it is “grave” and an “aggravated character”. As stated by the Supreme Court, “the
employee’s misconduct must be serious, i.e., of such grave and aggravated character and not merely trivial or
unimportant.”

26. Charging Liens


A type of attorney's lien under which a lawyer acquires an interest in a judgment awarded to the client. This may
mean that the lawyer can eventually claim a portion of any money paid to the client due to the judgment. The
lien arises because the client's failure to pay for legal services.