Professional Documents
Culture Documents
7
LEGALETHICS
11
LEGALETHICS
No valid distinction can be drawn Any person who has been duly licensed
between part of the work involving as a member of the bar in accordance
appearance in court and that part with the statutory requirements and
involving advice and drafting of who is in good and regular standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory requirements:
services in litigations in court. A 1. Must have been admitted to the
person’s past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must remain in
lawyer-entrepreneur of industry, good and regular standing (a
lawyer-negotiator of contracts, and continuing requirement).
lawyer-legislator more than satisfy the
constitutional requirement for Must have been admitted to the bar. A
appointment as Chairman of the lawyer is one who:
COMELEC that he has been engaged in 1. Passed the bar exams.
the active practice of law for at least 2. Taken the lawyer’s oath before
ten years. (Cayetano v Monsod) the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license to
practice law from the Clerk of
Court of the Supreme Court.
ESSENTIAL CRITERIA 5. Furnished satisfactory proof or
DETERMINATIVE educational, moral, and other
OF ENGAGING IN THE PRACTICE OF qualifications.
LAW: (HACA)
1. Habituality- implies customarily or After Admission he or she must:
habitually holding oneself out to the 1. Remain an IBP member in good
public as a lawyer standing by regularly paying IBP
2. Compensation- implies that one dues and other lawful assessments.
must have presented himself to be 2. Pay annual privilege tax.
in the active practice and that his 3. Faithfully observe the rules and
professional services are available to ethics of the legal profession.
the public for compensation, as a 4. Be continually subjected to judicial
source of his livelihood or in disciplinary control.
consideration of his said services.
3. Application of law, legal Compulsory membership to the IBP is
principle, practice, or procedure not violative of a lawyer’s freedom of
which calls for legal knowledge, association. Integration does not make
training and experience. a lawyer a member of any group of
4. Attorney-client relationship. which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. Bar
C. WHO MAY PRACTICE LAW integration does not compel the lawyer
to associate with anyone. He is free to
Persons entitled to practice law, attend or not attend the meetings of his
generally Integrated Bar Chapter or vote or
13
LEGALETHICS
15
LEGALETHICS
16
LEGALETHICS
18
LEGALETHICS
19
LEGALETHICS
Qualified applicants shall take and weigh his actions according to the
subscribe to the Oath of Office as a sworn promises he makes when taking
Lawyer. the lawyer’s oath. If all lawyers
A prerequisite to the admission of conducted themselves strictly according
practice of law and may only be taken to the lawyer’s oath and the Code of
before the Supreme Court. Professional responsibility, the
The court may deny the petition to take administration of justice will
the lawyer’s oath for: undoubtedly fairer, faster and easier for
o Grave misconduct; everyone concerned. (In Re:
o Pending complaint against the Argosino, 270 SCRA 26)
applicant
By taking the lawyer’s oath, a lawyer
LAWYER’S OATH (MEMORIZE!!) becomes the guardian of truth and the
rule of law and an indispensable
I , do solemnly swear that I will instrument in the fair and impartial
maintain allegiance to the Republic of the administration of justice. Good moral
Philippines; character includes at least common
honesty. Deception and other
I will support and defend its Constitution fraudulent acts are not merely
and obey the laws as well as the legal unacceptable practices that are
orders of the duly constituted authorities disgraceful and dishonorable, they
therein; reveal a basic moral flaw. (Olbes vs.
Deciembre, 457 SCRA 341)
I will do no falsehood nor consent to its
commission; Issuance of Certificate
After taking oath, the Supreme Court
I will not wittingly or willingly promote or admits him as a member of the bar for
sue any groundless, false or unlawful suit all courts of the Philippines.
nor give aid nor consent to the same; An order be entered that a certificate of
such record be given him by the clerk of
I will not delay any man’s cause for money court.
or malice and will conduct myself as a Such certificate is his license to practice
lawyer according to the best of my law.
knowledge and discretion with all good Thereafter, he signs the roll of
fidelity as well to the court as to my attorneys, which is the official record
clients; and containing the names and signatures of
those who are authorized to practice
I will impose upon myself this obligation law.
voluntarily, without any mental reservation
or purpose of evasion. Payment of IBP dues and privilege tax
Membership by every attorney in the
So help me God. IBP is compulsory.
Obligation to support it financially.
The lawyer’s oath is not a mere o Every member of the Integrated
ceremony or formality for practicing Bar shall pay such annual dues as
law. Every lawyer should at all times the Board of Governors shall
22
LEGALETHICS
23
LEGALETHICS
Canon 1, Rule 1.01. A lawyer shall not He should not allow his services to be
engage in unlawful, dishonest, immoral engaged by an organization whose
or deceitful conduct. member as violating the law, to defend
them when they get caught.
As servant of the law, a lawyer should
moreover make himself an exemplar for The Supreme Court will not denounce
others to emulate. criticismmade by anyone against the
Duty to obey the law and promote Court for, if well founded, can truly
respect for law and legal processes have constructive effects in the task of
demands that he shall not engage in the Court, but it will not countenance
unlawful, dishonest, and immoral, or any wrongdoing nor allow the erosion of
deceitful conduct. our people’s faith in the judicial system,
Unlawful conduct is an act or omission let alone, by those who have been
which is against the law. privileged by it to practise law in the
Dishonesty involves lying or cheating. Philippines. (Estrada v.
Immoral or deceitful conduct is that Sandiganbayan, 416 SCRA 465
which is willful, flagrant or shameless (2003))
and which shows a moral indifference to
the opinion of the good and respectable Terrel was found guilty of malpractice
members of the community. or gross misconduct for assisting in the
establishment and acting as counsel for
Moral turpitude ―includes everything the Centro Bellas Artes Club, an
which is done contrary to justice, organization intending to evade the
honesty, modesty, or good morals‖. It practice of law. (In Re Terrel (1903))
involves an act of baseness, vileness, or
depravity in the private duties which a
man owed his fellowmen, or to society Duty not to encourage lawsuits
in general, contrary to the accepted and Rule 1.03. A lawyer shall not, for any
customary rule of right and duty corrupt motive or interest, encourage
between man and woman, or conduct any suit or delay any man’s cause.
contrary to justice, honesty, modesty,
or good morals. Among the unprofessional acts which
come within the prohibition include the
Duty not to counsel illegal activities lawyer’s:
Canon1, Rule 1.02. A lawyer shall not 1. Volunteering advice to bring
counsel or abet activities aimed at lawsuit, except in rare cases
defiance of the law or at lessening where ties of blood, relationship,
confidence in the legal profession. or trust.
2. Hunting up defects in titles or
A lawyer who defies a writ or other causes of action.
preliminary injunction has flouted his 3. Seeking out claims for personal
duties as a lawyer. injuries or those having any other
He should not promote an organization grounds of action to secure them
known to be violating the law nor assist as clients.
it in a scheme which he knows is 4. Initiating a meeting of the
dishonest members of a club and inducing
25
LEGALETHICS
them to organize and contest a fees which are often considerably less
legislation under his guidance. when the cause is amicably settled. The
5. Purchasing notes to collect them problem of conflict of interests must be
by litigation at a profit. resolved against self-interest.
Rule 2.02. In such cases, even if A lawyer shall not reject the cause of
the lawyer does not accept a case, the defenseless
he shall not refuse to render legal Rule 2.01. A lawyer shall not reject,
advice to the person concerned if except for valid reasons, the cause of
only to the extent necessary to the defenseless or the oppressed.
safeguard the latter’s rights. Stems from one of the obligations
incident to the status and privileges of a
Rule 2.03. A lawyer shall not do or lawyer – To represent the poor and
permit to be done any act designed oppressed in the prosecution of their
to primarily solicit legal business. claims or the defense of their rights.
Even in those instances in which he
Rule 2.04. A lawyer shall not may not, for valid reasons, accept the
charge rates lower than those case, the lawyer ―shall not refuse to
customarily prescribed unless the render legal advice to the person
circumstances so warrant. concerned if only to the extent
necessary to safeguard the latter’s
B. MAKING LEGAL SERVICES rights.‖ (Rule 2.02.)
AVAILABLE
The duty of a lawyer to accept the
Generally cause of the defenseless and the
A lawyer shall make his legal services oppressed empowers the court to
available in an efficient and convenient require him to render professional
manner compatible with the services to any party in a case, if the
independence, integrity and party is without means to employ an
effectiveness of the profession. attorney and the services of a lawyer
A lawyer who is qualified to provide are necessary to protect the rights of
efficient legal services should make such party or secure the ends of justice.
available such services to those who are To designate him as counsel de oficio
in need thereof. for an accused if the latter is unable to
IBP Committee that drafted the Code employ a counsel de parte.
explained: “A person in need of legal The lawyer so assigned has to render
services should be able to find a lawyer effective legal services, under the pain
who is qualified to provide them. It is of disciplinary sanction should he fail or
27
LEGALETHICS
The reason for the rule is that a lawyer Rule 6.01. The primary duty of a
does not shed his professional lawyer in public prosecution is not to
obligations upon assuming public office. convict but to see that justice is done.
In fact, his professional obligations The suppression of facts or the
should make him more sensitive to his concealment of witnesses capable of
official obligations because a lawyer’s establishing the innocence of the
disreputable conduct is more likely to accused is highly reprehensible and is
be magnified in the public eye. cause for disciplinary action.
conduct of the trial, his duty to direct Rule 6.02. A lawyer in government
and control requires that: service shall not use his public position
1. He must be present during the to promote or advance his private
proceedings. interests, nor allow the latter to
2. He must at any time, take over interfere with his public duties.
the conduct of the trial from the
private prosecutor. If the law allows a public official to
practice law concurrently, he must not
Where the prosecutor turned over the use his public position to feather his law
active conduct of the trial to the private practice.
prosecutor who presented testimonial Neither should he accept any private
evidence even when the public legal business in which his duty to his
prosecutor was absent during the trial, client will or may conflict with his
the evidence presented could not be official duties, and if some unforeseen
considered as valid evidence of the conflict with his official duties arises he
People of the Philippines. should terminate his professional
However, it applies only to courts which relationship.
are provided by law with their own
prosecutors, and not to Municipal Trial A public official should see to it that his
Courts which have no trial prosecutors. private activity does not interfere with
A private prosecutor taking over a the discharge of his official functions.
criminal action cannot take a stand He should avoid all impropriety and the
different from or opposed to that of the appearance of impropriety.
public prosecutor or cannot adopt a Neither should he inferentially create a
stand inconsistent with that of the public image that he is utilizing his
Solicitor General, otherwise it would be public position to advance his
tantamount to giving him the direction professional success or personal
and control of the criminal proceedings, interest at the expense of the public.
contrary to law and settled rules on the
matter. RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
When the public prosecutor should Employees.
take over handling of the case Sec. 7(b). In addition to acts and
A public prosecutor should not allow the omissions of public officials and employees
trial in the hands of a private not prescribed in the Constitution and
prosecutor to degenerate into a private existing laws, the following shall constitute
prosecution. prohibited acts and transactions of any
The administration of criminal law public official and employee and are
should never be for the accomplishment hereby declared to be
of a private gain or advantage nor it be unlawful:
a vehicle of oppression for the (b) Outside employment and other
gratification of private malice. activities related thereto.—Public officials
and employees during their incumbency
A lawyer shall not use his public shall not:
position to promote his private 1. Own, control, manage or accept
interest employment as officer employee,
32
LEGALETHICS
consultant, counsel, broker, agent, The Court ruled that ATty Mendoza could
trustee or nominee / in any private not be disqualified from representing the
enterprise regulated, supervised or LGC. The Court explained:
licensed by their office / unless The key to unlock Rule 6.03 lies in
expressly allowed by law; comprehending.
2. Engage in the private practice of 1. The meaning of ―matter‖
their profession unless authorized by referred to in the rules.
the Constitution or law, provided 2. The metes and bounds of the
that such practice will not conflict or ―intervention‖ made by the
tend to conflict with their official former government lawyer on
functions; or the ―matter.‖
3. Recommend any person to any The American Bar Association, in its
position in a private enterprise which Formal Opinion 342, defined ―matter‖
has a regular or pending official as:
transaction with their office. o Any discrete, isolatable act as
well as identifiable transaction
and not merely an act of
Former official may not accept certain drafting, enforcing or
employment interpreting government or
Rule 6.03. A lawyer shall not, after agency procedures,
leaving government service, accept regulations or laws, or briefing
engagement or employment in abstract principles of law.
connection with any matter in which he The ―matter‖ or the act of Atty.
had intervened while in said service. Mendoza as Solicitor General is
―advising the Central Bank on how to
The restriction covers ―engagement and proceed with Genbank’s liquidation is
employment,‖ which means that he held not to be the ―matter‖
cannot accept any work or employment contemplated by Rule 6.03.
from anyone that will involve or relate Clearly, ABA Formal Opinion 342
to the matter in which he intervened as stresses that Atty. Mendoza’s acts did
a public official, except on behalf of the not fall within the scope of the term
body or authority which he served ―matter.‖
during his public employment. It is given that respondent Mendoza
had nothing to do with the decision of
PCGG v. Sandiganbayan, 455 SCRA the Central Bank to liquidate Genbank
526 (2005)): and did not even participate in the sale
PCGG seeks to disqualify Atty. Estelito of Genbank to Allied Bank.
Mendoza as counsel for the Lucio Group of The ―matter‖ which he got himself
Companies in the suit involving the involved was informing the Central
sequestration of shares of stock of the LGC bank on the procedure by law to
as alleged ill-gotten wealth, on the ground liquidate Genbank.
that as former Solicitor General, he It is not the same as the subject
intervened in the matter of the liquidation ―matter‖ of the civil case of
of Genbank, which was subsequently sequestration of stocks owned by Tan in
purchased by LGC. Allied Bank on the alleged ground that
33
LEGALETHICS
37
LEGALETHICS
Canon 9. A lawyer shall not, directly or unlicensed to practice law and not
indirectly, assist in the unauthorized subject to the disciplinary control of the
practice of law. court.
The law makes it a misbehavior on the
Rule 9.01. A lawyer shall not part of the lawyer to aid a layman in
delegate to any unqualified person the unauthorized practice of law.
the performance of any task which A person not admitted to the bar may
by law may only be performed by a not hold himself out to the public as
member of the Bar in good standing. engaged in the practice of law, either
alone or as associated with a practicing
Rule 9.02. A lawyer shall not divide attorney under a firm name. (US v.
or stipulate to divide a fee for legal Ney (1907))
services with persons not licensed to He may not form a partnership with a
practice law, except: lay accountant to specialize in income
1. there is a pre-existing agreement tax work unless he ceases to hold
with a partner or associate that, himself out as a lawyer and strictly
upon the latter’s death, money shall confine his activities to such as are
be paid over a reasonable period of open to lay accountants.
time to his estate or to persons
specified in the agreement; or Intervention of intermediary not
2. Where a lawyer undertakes to allowed
complete unfinished or legal Prohibition on intermediary to intervene
business of a deceased lawyer; or in the performance of lawyer’s
3. Where a lawyer or law firm professional obligations.
includes non-lawyer employees in a Lawyer’s relation to client is personal
retirement plan, even if the plan is and responsibility is direct.
based in whole or in part, on profit- Intervention of lay agency between
sharing arrangement. lawyer and the client is forbidden.
It is thus improper for a lawyer to
Duty to prevent unauthorized practice accept employment from an automobile
of law club which, in soliciting membership,
Canon 9. A lawyer shall not, directly or offers free services of it legal
indirectly, assist in the unauthorized department to members.
practice of law. Employment should not include the
Public policy requires that the practice rendering of legal services to members
of law be limited to those individuals of such an organization in respect to
found duly qualified in education and their individual affairs.
character. A charitable society rendering aid to the
The permissive right conferred on the indigent is not, however, an
lawyer is an individual and limited intermediary within the meaning of the
privilege subject to withdrawal if he rule.
fails to maintain proper standards of
moral and professional conduct. A lawyer shall not delegate legal work
Purpose is to protect the public, the to non-lawyers
court, the client, and the bar from Rule 9.01. A lawyer shall not delegate
incompetence and dishonesty of those to any unqualified person the
40
LEGALETHICS
performance of any task which by law The third exception to the rule does not
may only be performed by a member of involve, strictly speaking, a division of
the Bar in good standing. legal fees with non-lawyer employees.
He should not delegate to a layman any The retirement benefits in the form of
work which involves the application of pension represent additional deferred
law, such as: wages or compensation for past
1. The computation and services of the employees
determination of the period within Impropriety arises where the effect of
which to appeal and adverse the arrangement is to make the estate
judgment. or heir a member of the partnership
2. Examination of witnesses. along with the surviving partners, or
3. Presentation of evidence. where the estate or heir is to receive a
Can employ secretaries, investigators, percentage of fees that may be paid
detectives, researches as long as they from future business of the deceased
are not involved in the practice of law lawyer’s clients. Such fees no longer
(e.g., not ―writing‖ pleadings, appearing represent compensation for past
in court, etc.) services of the deceased lawyer.
An agreement between a union lawyer
A lawyer shall not divide fees with and a layman president of the union to
non-lawyers divide equally the attorney’s fees that
Rule 9.02. A lawyer shall not divide or may be awarded in a labor case violates
stipulate to divide a fee for legal the rule.
services with persons not licensed to
practice law.
Exceptions: D. SOLICITATION AND ADVERTISING
1. Where there is a pre-existing
agreement with a partner or A lawyer shall not solicit legal
associate that, upon the latter’s business
death, money shall be paid over a The law prohibits lawyers from soliciting
reasonable period of time to his cases for the purpose of gain, either
estate or to persons specified in the personally, or through paid agents or
agreement. brokers, and makes the act
2. Where a lawyer undertakes to malpractice. (Rule 138, Sec. 27, Rules
complete unfinished or legal or Court)
business of a deceased lawyer. Sec. 27. Attorneys removed or
3. Where a lawyer or law firm includes suspended by Supreme Court on what
non-lawyer employees in a grounds. - A member of the bar may be
retirement plan, even if the plan is removed or suspended from his office
based in whole or in part, on as attorney by the Supreme Court for
profitsharing arrangement. any deceit, malpractice, or other gross
misconduct in such office, grossly
The first two exceptions to the rule immoral conduct, or by reason of his
represent compensation for legal conviction of a crime involving moral
service rendered by the deceased turpitude, or for any violation of the
lawyer during his lifetime, which is paid oath which he is required to take before
to his estate or heirs. admission to practice, or for a wilfull
41
LEGALETHICS
43
LEGALETHICS
The fact that he is a lawyer does not regarding his qualifications or legal
preclude him from engaging in services.
business. Rule 3.04. A lawyer shall not pay or
Impropriety arises when the nature and give anything of value to
manner of business is inconsistent with representatives of the mass media in
the duties of the lawyer such as when it anticipation of, or in return for, publicity
is used as a cloak for indirect to attract legal business.
solicitation on his behalf. Similarly, he should not resort to
It is necessary that the lawyer keeps indirect advertisements, such as
any business in which he is engaged, furnishing or inspiring newspaper
entirely separate and apart from his comments, or procuring his photograph
practice. to be published.
He shall make it clear to his client in
what capacity he is acting.
Businesses closely associated with the CANON 3: A lawyer in making known his legal
practice of law: services shall use only true, honest, fair,
o Collection agency. dignified and objective information or
o Real estate brokerage. statement of facts.
o Insurance agency.
Rule 3.01. A lawyer shall not use or
o Mortgage service.
permit the use of any false, fraudulent,
o Tax service and consultancy.
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
A lawyer shall make clear whether he regarding his qualifications or legal
is acting in another capacity services.
Rule 15.08. A lawyer who is engaged
in another profession or occupation Rule 3.02. In the choice of a firm
concurrently with the practice of law name, no false, misleading or assumed
shall make clear to his client whether name shall be used. The continued use
he is acting as a lawyer or in another of the name of a deceased partner is
capacity. permissible provided that the firm
indicates in all its communications that
The reason is that certain ethical
said partner is deceased.
considerations governing the attorney-
client relationship may be operative in Rule 3.03. Where a partner accepts
one and not in the other. public office, he shall withdraw from the
firm and his name shall be dropped
Lawyer shall not use false statement from the firm name unless the law
regarding his qualification or service allows him to practice law concurrently.
CANON 3: A lawyer in making known
his legal services shall use only true, Rule 3.04. A lawyer shall not pay or
honest, fair, dignified and objective give anything of value to
representatives of the mass media in
information or statement of facts.
anticipation of, or in return for, publicity
Rule 3.01. A lawyer shall not use or to attract legal business.
permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory, or unfair statement or claim
44
LEGALETHICS
from the firm name unless the law national organization of the legal
allows him to practice law concurrently. profession based on the recognition of
The purpose of the rule is to prevent the lawyer as an officer of the court.
the law firm from using his name to Integration fosters cohesion among
attract legal business and to avoid lawyers and ensures the promotion of
suspicion of undue influence. the objectives of the legal profession
pursuant to the principle of maximum
A lawyer shall not seek media bar autonomy with minimum
publicity supervision by the Supreme Court.
Rule 3.04. A lawyer shall not pay or
give anything of value to Power to integrate the bar
representatives of the mass media in The Constitution vests upon the
anticipation of, or in return for, publicity Supreme Court the power to integrate
to attract legal business. the Philippine bar.
Media publicity, as a normal by-product Such power is an inherent part of the
of efficient legal service, is not Court’s constitutional authority over the
improper. bar.
What is improper is for a lawyer to ―Supreme Court may adopt rules of
resort to propaganda to secure media court to effect the integration of the
publicity for the purpose of attracting Philippine Bar.‖ (RA 6397 AN ACT
legal business. PROVIDING FOR THE INTEGRATION OF
The purpose of the rule is to prevent THE PHILIPPINE BAR)
some lawyers from gaining unfair However, RA 6397 neither confers a
advantage over others through the use new power nor restricts the Court’s
of gimmickry. inherent power but is a mere legislative
o Procuring his photograph to be declaration that the integration will
published in connection with promote public interest or will raise the
cases he is handling. standard of the legal profession.
o Making a courtroom scene to January 16, 1973, Supreme Court
attract the attention of ordained the integration of the
newspapermen. Philippine Bar.
o Arranging for the purpose an Presidential Decree
interview with him by media 181 (CONSTITUTING THE
people. INTEGRATED BAR OF THE
PHILIPPINES INTO A BODY
E. THE INTEGRATED BAR OF THE CORPORATE AND PROVIDING
PHILIPPINES GOVERNMENT ASSISTANCE THERETO
FOR THE ACCOMPLISHMENT OF ITS
Integration of the bar PURPOSES) constituted the Integrated
The official unification of the entire Bar into a corporate body.
lawyer population.
Requires membership and financial Constitutionality of integration
support of every attorney as a condition Constitutionality hinges on the effects
sine qua non to the practice of law. of bar integration on the lawyer’s
Bar integration signifies the setting up constitutional rights of freedom of
by the government authority of a association and freedom of speech and
46
LEGALETHICS
Bench and to the public, and the country so that the poor may not
publish information relating lack competent legal service;
thereto; 9. Distribute educational and
6. Encourage and foster legal informational materials that are
education; difficult to obtain in many of our
7. Promote a continuing program of provinces;
legal research in substantive and 10. Devise and maintaina
adjective law, and make reports program of continuing legal
and recommendations thereon; education for practising attorneys in
and order to elevate the standards of the
8. Enable the Bar to discharge its profession throughout the country;
public responsibility effectively. 11. Enforce rigid ethical
standards, and promulgate minimum
Integration of the Bar will, among other fees schedules;
things, make it possible for the legal 12. Create law centers and
profession to: establish law libraries for legal
1. Render more effective assistance in research;
maintaining the Rule of Law; 13. Conduct campaigns to
2. Protect lawyers and litigants against educate the people on their legal
the abuse of tyrannical judges and rights and obligations, on the
prosecuting officers; importance of preventive legal
3. Discharge, fully and properly, its advice, and on the functions and
responsibility in the disciplining duties of the Filipino lawyer; and
and/or removal of incompetent and 14. Generate and maintain
unworthy judges and prosecuting pervasive and meaningful country-
officers; wide involvement of the lawyer
4. Shield the judiciary, which population in the solution of the
traditionally cannot defend itself multifarious problems that afflict the
except within its own forum, from nation. (In re Integration of the
the assaults that politics and self- Bar of the Philippines)
interest may level at it, and assist it
to maintain its integrity, impartiality Non-political bar
and independence; By-laws Integrated Bar Philippines
5. Have an effective voice in the Sec. 4. Non-political bar. - The
selection of judges and prosecuting Integrated Bar is strictly non-political,
officers; and every activity tending to impair this
6. Prevent the unauthorized practice of basic feature is strictly prohibited and
law, and break up any monopoly of shall be penalized accordingly. No
local practice maintained through lawyer holding an elective, judicial,
influence or position; quasi-judicial, or prosecutory office in
7. Establish welfare funds for families the Government orany political
of disabled and deceased lawyers; subdivision or instrumentality thereof
8. Provide placement services, and shall be eligible for election or
establish legal aid offices and set up appointment to any position in the
lawyer reference services throughout Integrated Bar or any Chapter thereof.
A Delegate, Governor, officer or
49
LEGALETHICS
55
LEGALETHICS
56
LEGALETHICS
A judicious study of the facts and the A lawyer violates Canon 11 of the code
law should advise him when a case when:
should not be filed, as it would only o He threatens the judge with the
clutter the dockets. filing of an administrative charge
if his motion is not granted.
B. OBSERVING AND MAINTAINING o Berating the researcher of the
RESPECT DUE THE COURTS AND court in his pleading is
JUDICIAL OFFICERS disrespectful to the court itself.
o A lawyer who openly defied the
temporary restraining order
Canon 11. A lawyer shall observe and maintain issued by the Court of Appeals.
the respect due to the courts and judicial officers
and should insist on similar conduct by others.
Obeying court orders
Rule 11.01. A lawyer shall appear in Lawyers are particularly called upon to
court properly attired. obey court orders and processes. They
should stand foremost in complying
Rule 11.02. A lawyer shall punctually with the court’s directives and
appear at court hearings. instructions.
Disrespect to judicial incumbents is
Rule 11.03. A lawyer shall abstain from
scandalous, offensive or menacing disrespect to that branch of the
language or behavior before the courts. government to which they belong as
well as to the State which has instituted
Rule 11.04. A lawyer shall not attribute the judicial system.
to a Judge motives not supported by the It may happen that counsel possesses
record or have no materiality to the case. greater knowledge of the law than the
judge who presides. It may also happen
Rule 11.05. A lawyer shall submit
grievances against a Judge to the proper that since no court claims infallibility,
authorities only. judges may grossly err in their
decisions. Nevertheless, discipline and
self-restraint on the part of the
Respect due the courts members of the bar even under these
Canon 11. A lawyer shall observe and adverse conditions are necessary to the
maintain the respect due to the courts and orderly administration of justice.
judicial officers and should insist on similar Obedience to lawful orders of the court
conduct by others.
is underscored by the fact that a willful
This canon should constantly remind
disregard thereof may subject the
lawyers that second only to the duty of
lawyer not only to punishment for
maintaining allegiance to the Republic,
contempt but to disciplinary action as
and to support the Constitution, and
an officer of the court.
obey the laws of the land, it is the duty
The word ―willful‖ conveys the idea of
of all attorneys to observe and maintain
flagrant misconduct such as would
the respect due to the courts of justice
indicate a disposition on the part of a
and judicial officers.
lawyer so refractory in character as to
Respect of courts helps build the high
affect his qualifications and standing for
esteem and regard toward them, which
the further exercise of his profession.
is essential to the proper administration
of justice.
58
LEGALETHICS
59
LEGALETHICS
misfeasance in an attempt to hide his His right to criticize the acts of courts and judges
own inadequacies and omissions to escape in a proper and respectful way and
criticism of his client. through legitimate channels is well recognized.
Rule 11.04. A lawyer shall not attribute to a
Judge motives not supported by the record or A lawyer shall submit grievances to
have no materiality to the case. proper authorities
The duty to support the judge does not, however,
Disrespectful, abusive, and abrasive preclude a lawyer from filing administrative
language, offensive personalities, complaints against erring judges.
unfounded accusations, or intemperate Rule 11.05. A lawyer shall submit grievances
words tending to obstruct, embarrass, against a Judge to the proper authorities only.
That they be filed with the Supreme Court
or influence the court have no place in a
which has administrative supervision over all
pleading. courts and the power to discipline judges of
Neither does the mistake of a judge in some of his
lower courts.
rulings warrant the use of offensive language.
In championing the cause of his client, a lawyer Constitution Article VIII Section 6.
should not resort to insulting or disparaging The Supreme Court shall have
language amounting to disrespect toward administrative supervision over all
the
court. courts and the personnel thereof.
Constitution Article VIII Section
A judge should be courteous to the lawyer 11.
to merit respect
The duty to observe and maintain respect is not a
xxx
one-way duty from a lawyer to a judge. A The Supreme Court en banc shall have
judge should also be courteous to counsel, the power to discipline judges of lower
especially
courts, or order their dismissal by a
those who are young and inexperienced.
vote of a majority of the Members who
Upholding court’s authority and dignity actually took part in the deliberations
As an officer of the court, a lawyer on the issues in the case and voted
should uphold the dignity and authority thereon.
of the court and not promote distrust in A lawyer may prefer charges against a judge
the administration of justice (Canon only after proper circumspection and without
the use of disrespectful language or offensive
10).
personalities.
He should seek to preserve faith in the A lawyer may not file administrative
courts and help build and not destroy complaints against judges until he has
the high esteem and regard toward exhausted judicial remedies which result in a
them. finding that the judge has gravely erred.
He should prevent anybody from
harboring and encouraging discontent.
C. ASSISTING THE COURT IN SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE
A lawyer shall not attribute to a judge
improper motives Canon 12. A lawyer shall exert every effort and
A judge may commit errors, he may abuse consider it his duty to assist in the speedy and efficient
his discretion in the resolution of issues before him. administration of justice.
They do not, however, justify a lawyer to
―attribute to a Judge, motives not Rule 12.01. A lawyer shall not appear for trial
unless he has adequately prepared himself on
supported by the record or have no
the law and the facts of his case, the evidence
materiality to the case.‖ (Rule 11.04). he will adduce and the order of its preference.
He should not make hasty accusation against the He should also be ready with the original
judge without any cogent and valid ground existing documents for comparison with the copies.
in the record.
The rule allows criticism so long as it is supported
by the record or is material to the case.
60
LEGALETHICS
(a) on formal matters, such as the A lawyer shall not file multiple actions
mailing, authentication or custody of an Litigation must end and terminate
instrument, and the like; or
sometime and somewhere.
(b) on substantial matters, in cases where his Once a judgment has become final, the
testimony is essential to the ends of justice, in winning party be not deprived of that
which event he must, during his testimony, verdict.
entrust the trial of the case to another counsel.
For this reason, a lawyer should not file
several actions arising from the same
Duty to assist in the administration of
cause or seeking substantially identical
justice, generally
reliefs as those that had already been
Being an officer of the court, he is an
finally disposed of.
instrument to advance its ends – the
A lawyer violates his oath when he
speedy, efficient, impartial, correct, and
prostitutes judicial process to secure for
inexpensive adjudication of cases and
his client what is not justly and validly
the prompt satisfaction of final
due him such as improper steps taken
judgments.
as a means of draining the resources of
Canon 12. A lawyer shall exert every effort
and consider it his duty to assist in the speedy
the proper party.
and efficient administration of justice.
He is first and foremost an officer of the A lawyer shall not resort to forum
court. His duties to the court are more shopping
significant than those which he owes to Rule 12.02. A lawyer shall not file multiple actions
his client. arising from the same cause.
61
LEGALETHICS
reason why the party himself offended party recover damages twice for the
cannot sign. same act or omission charged in the
criminal action.
The reason is that only the party
himself has actual knowledge of Sanctions for violation
whether or not he has initiated similar Failure to file the certification against
forum shopping is fatal to the complaint or petition.
actions in different courts or agencies. Subsequent filing of the certification does not cure
the fatal defect.
Test to determine forum shopping Rules of Court, Rule 7, Section 5, paragraph 2:
The test in determining is whether the Failure to comply with the foregoing requirement
shall not be curable by mere amendment of
elements of litis pendentia (a pending the complaint or other initiatory pleading, but
suit) are present or whether final shall be cause for the dismissal of the case
judgment in one case will amount to res without prejudice, unless otherwise provided, upon
motion and after hearing. The submission of
judicata in the other.
a false certification or non-compliance with any
Res judicata – a doctrine which of the undertakings therein shall
precludes parties from re-litigating constitute indirect contempt
issues actually litigated and determined of court, without prejudice to the corresponding
administrative and criminal actions. If the acts
by a prior and final judgment. It requires: of the party or his counsel clearly constitute
o That there be a decision on the willful and deliberate forum shopping, the
merits; same shall be ground for dismissal with
o By a court of competent jurisdiction; prejudice and shall constitute direct contempt,
o The decision is final; as well as cause for administrative sanctions.
o And the two actions involved
identical Lawyer to temper client’s propensity to litigate
parties, subject matter, and causes It is the duty of the lawyer to resist the
of
whims and caprices of his client and to
action.
If any one of these elements is absent, there is no temper the client’s inclination to
forum shopping. litigate.
There is forum shopping where there are Rules of Court, Rule 7, Section 3,
identity of parties or interest, rights asserted,
and reliefs sought in different tribunals.
paragraph 2: The signature of counsel
EXCEPTION: constitutes a certificate by him that he
The filing of a civil case in court does not has read the pleading; that to the best
preclude the filing of a criminal action of his knowledge, information, and
arising from the same set of facts on which
the civil action is based, as the law allows it. belief, there is good ground to support
There is no forum-shopping in such instances. it; and that it is not interposed for
delay.
Rules of Court, Rule 111, Section 1: Institution
of criminal and civil actions (a) When
This rule imposes upon a lawyer the
a criminal action is instituted, the civil action affirmative duty to check useless
for the recovery of civil liability arising from litigations, willful violation of which may
the offense charged shall be deemed subject him to disciplinary action, or
instituted with the criminal action unless
the offended party waives the civil action, render him liable for costs of litigation.
reserves the right to institute it separately, or A litigant may seek his legal assistance
institutes the civil action prior to the civil for reasons other than to vindicate a
action.
legal wrong or other than to prosecute
Section 3: When civil action may proceed a valid cause.
independently. – In the cases provided in The purpose may either be:
Articles 32, 33, 34, and 2176 of the Civil Code o To harass a party or injure the
of the Philippines, the independent civil action
may be brought by the offended party. It shall
opposite party or work oppression
proceed independently of the criminal or wrong.
action and shall require only a preponderance
of evidence. In no case, however, may
the
63
LEGALETHICS
64
LEGALETHICS
and then asks that justice be done upon Rule 12.06 A lawyer shall not knowingly assist a
the merits. witness to misrepresent himself or to impersonate
another.
A lawyer should not hide behind a maze
While he may interview witnesses in
of technicalities to delay if not defect
advance of trial or attend to their needs
the recovery of what is justly due and
if they have no adequate means of
demandable.
defraying their own expenses, the
lawyer should avoid any such action as
Lawyer to discourage appellate review
may be misinterpreted as an attempt to
If a lawyer is honestly convinced of the
influence the witness as to what to say
futility of an appeal in a civil suit, he
in court.
should not hesitate to inform his
A lawyer who presents a witness whom
disappointed client that most likely the
he knows will give a false testimony
verdict would not be altered.
may be subjected to disciplinary action.
He should advise his client to accept the
judgment of the trial court and thus
Lawyers shall not harass a witness
accord respect to the just claim of the Rule 12.07 A lawyer shall not abuse, browbeat or
opposite party. harass a witness nor needlessly inconvenience
He should temper his client’s desire to him.
seek appellate review of such decision. Duty to always treat adverse witnesses
Unless he could sufficient cause for with fairness and due consideration.
reversal, he would only succeed in Rules of Court, Rule 138, Section 20:
planting false hopes in his client’s mind,
increase the burden on appellate (f) To abstain from all offensive
tribunals, prolong litigation personality and to advance no fact
unnecessarily, and expose his client to prejudicial to the honor or reputation of
useless expenses of suit. a party or witness, unless required by
It has also been held that the failure of the justice of the cause with which he is
counsel to file an appeal is negligent in charged;
the performance of his duties to his
client. If the lawyer does not hear from A lawyer shall avoid testifying for a
the client, he should perfect an appeal client
within the period. Rule 12.08 - A lawyer shall avoid testifying
in behalf of his client, except:
67
LEGALETHICS
68
LEGALETHICS
The relation is highly fiduciary in nature and The term “retainer” may refer to either of 2
of a very delicate, exacting, and confidential concepts:
character. 1. The act of the client engaging the
It demands undivided allegiance, a high services of an attorney to render legal
degree of good faith, disinterestedness, advice or defend or prosecute his
candor, fairness, loyalty, fidelity, and absolute cause in court.
integrity in all his dealings with his clients and a. General Retainer – its purpose
utter renunciation of every personal is to secure beforehand, the
advantage conflicting with the interest of his services of an attorney for any
client. legal problem that may
His responsibilities to his client should, afterward arise.
however, be reconciled with his duties to the b. Special Retainer – has
court. Each of them requires fidelity and reference to a particular case or
loyalty in varying degrees within limits. service only.
Deviation from such limits may invite the 2. The retaining fee which a client pays
exercise of disciplinary power by the court. to an attorney when the latter is
retained.
Rules protective of relation o It is a preliminary fee paid to
The preservation and protection of that insure and secure his future
relation will encourage a client to entrust his services.
legal problems to an attorney, which is of o To remunerate him for being
paramount importance to the administration deprived of the opportunity of
of justice. rendering services to the other
Rules promulgated, in the nature of party by being retained by one
injunctions peculiarly addressed to an party.
attorney: o It is apart from what the client
1. To exert his best effort and learning in has agreed to pay for the
the protection of the interest of his services which he has retained
client; him to perform.
2. To promptly account for any fund or Its purpose: To prevent undue hardship on
property entrusted by or received for the part of the attorney based on the rule
his client; forbidding him from acting as counsel for the
3. Not to purchase or acquire, any other party after he has been retained by or
property or interest of is client in has given professional advice to the opposite
litigation; party.
4. To forever keep inviolate his client’s
secrets or confidence, and not to
abuse them; Necessity of retainer
5. Not to represent a party whose An attorney has no power to act as counsel or
interest is adverse to that of his client legal representative for a person without
even after the termination of the being retained.
relation. He may not appear in court for a party
The Supreme Court requires strict obedience without being employed, unless by leave of
to those rules and subjects the attorney to court.
discipline and administrative liability for Rules of Court, Rule 138, Sec. 21.
inexcusable breach thereof to protect the ….
public, the court, and the client from An attorney willfully appearing in court for a
dishonesty and incompetence of unfaithful person without being employed, unless by
lawyers. leave of the court, may be punished for
contempt as an officer of the court who has
B. RETAINER OR EMPLOYMENT misbehaved in his official transactions.
Neither the purported client nor the adverse
Concept of term “retainer” party may be bound by his appearance unless
69
LEGALETHICS
the former ratifies or is stopped to deny the o Signing a pleading for and on behalf of
assumed authority. another counsel of record.
71
LEGALETHICS
He should not accept employment as an to be bad? Johnson: Sir, you do not know it
advocate in any matter in which he had to be good or bad till the judge determines
intervened while in the government service. it..
This canonical injunction is based upon the
necessity that professional integrity and
public confidence in that integrity be It is his business to judge; and you are not to
maintained. be confident in your opinion that a cause is
He may not accept employment from an bad, but to say all you can for your client.‖
organization to render legal services to A lawyer certainly knows whether a case is
members thereof concerning questions good or bad because it is not only his function
submitted by the members, the answers to but his duty to find out.
which are printed for circulation. In a criminal action, it is the ―right of the
He may not accept employment as a lawyer to undertake the defense of a person
columnist to answer inquiries for advice as to accused of crime, regardless of his personal
individual rights through the medium of a opinion as to the guilt of the accused;
newspaper column. otherwise, innocent persons, victims only of
Nor may he accept employment from a suspicious circumstances, might be denied
collection agency which solicits business to proper defense.‖
collect its claims. It is improper for a lawyer to assert in
EXCEPTIONS: Rule 14.03. A lawyer may argument his personal belief in his client’s
refuse to accept representation of an indigent innocence or in the justice of his cause.
client if: In a civil action, the rules and ethics of the
o He is not in a position to carry out the profession enjoin a lawyer from taking a bad
work effectively or competently; case.
o He labors under a conflict of interests o Firstly, the signature of counsel
between him and the prospective constitutes a certificate by him that he
client or between a present client and has read the pleading; that to the best
the prospective client. of his knowledge, information, and
belief there is good ground to support
A lawyer shall preserve the secrets of a it; and that it is not interposed for
prospective client delay.
Rule 15.02. A lawyer shall be bound by the
rule on privileged communication in respect of Counsel who deliberately files an
matters disclosed to him by a prospective unsigned pleading, or signs a pleading
client. in violation of this Rule, or alleges
Matters disclosed by a prospective client to a scandalous or indecent matter therein,
lawyer are protected by the rule on privileged or fails to promptly report to the court
communications even if the prospective client a change of his address, shall be
does not thereafter retain the lawyer or the subject to appropriate disciplinary
lawyer declines the employment. action. (Rule 7, Section 3, Rules of
Reason: To make the prospective client Court)
discuss freely whatever he wishes with the o Secondly, it is the duty of an attorney:
lawyer without fear that what he discloses will To counsel or maintain such actions or
not be divulged nor used against him and for proceedings only as appear to him to
the lawyer to be equally free to obtain be just, and such defenses only as he
information from such prospective client. believes to be honestly debatable
under the law; (Rule 138, Section 20
Ethical considerations in taking a bad case (c), Rules of Court)
“How can a lawyer take a case which he does o Thirdly, it is the duty of an attorney:
not believe in?” Not to encourage either the
The classical answer to the question is the commencement or the continuance of
familiar dialogue ―Boswell: But what do you an action or proceeding, or delay any
think of supporting a cause which you know man's cause, from any corrupt motive
73
LEGALETHICS
74
LEGALETHICS
The law presumes the accused innocent, and 3. Appointment of counsel de oficio for
entitled to acquittal unless his guilt is proved the accused.—If it appears from the
beyond reasonable doubt. If the rule were record of the case transmitted that
otherwise, innocent persons, victims of a. the accused is confined in
suspicious circumstances, might be denied prison,
proper defense. b. is without counsel de parte on
appeal, or
A lawyer shall not decline appointment by c. Has signed the notice of appeal
the court or by the IBP himself, the clerk of court of
The relation of attorney and client may be the CA shall designate a
created not only by voluntary agreement but counsel de oficio.
also by appointment as counsel de oficio for a
poor or indigent litigant. An appellant who is not confined in prison
Rule 138, sec. 31 Attorney’s for destitute may, upon request, be assigned a counsel de
litigants.—A court may assign an attorney to oficio within the 10 days from receipt of the
render professional aid free of charge to any notice to file brief and he establishes his right
party in a case, if upon investigation it thereto by affidavit. (Rule 124, Sec. 2, Rules
appears that the party is destitute and unable of Court)
to employ an attorney, and that the services
of counsel are necessary to secure the ends The court may not assign a counsel de oficio
of justice and to protect the rights of the to defend an accused when he previously
party. It shall be the duty of the attorney so manifested his desire to secure the services
assigned to render the required service, of a counsel de parte. If the court does so, it
unless he is excused therefrom by the court violates the defendant’s right to counsel, and
for sufficient cause shown. his conviction may be set aside on that
In a criminal action, the court may appoint a ground. If a counsel de oficio is appointed, he
counsel de oficio in the following instances: must protest such appointment.
1. Duty of court to inform accused of his Where a counsel de oficio has been assigned
right to counsel.—Before arraignment, to an accused and such counsel has acted
the court shall inform the accused of without objection from the accused, the
his right to counsel and ask him if he conviction cannot be set aside on the sole
desires to have one. Unless the ground that said counsel was not the choice
accused is allowed to defend himself in of the accused.
person or has employed counsel of his
choice, the court must assign a Frequent appointment of same counsel
counsel de oficio to defend him. (Rule discouraged
116, Sec. 6, Rules of Court) The burden of regular practice and the
2. It shall be the duty of the clerk of the possibility of compensation as counsel
trial court, upon filing a notice of de
appeal, to ascertain from the oficio as a regular source of income should
appellant, if confined in prison, caution a court from frequently appointing the
whether he desires the Regional Trial same lawyer.
Court, Court of Appeals, or the The overburdened counsel may have too little
Supreme Court to appoint a counsel de time to spare for his de oficio cases or may be
oficio to defend him and to transmit eager to finish such cases to be able to collect
with the record on a form to be his fees within the earliest possible time.
prepared by the clerk of court of the The accused stands to suffer, denied effective
appellate court, a certification of assistance.
compliance with this duty and the
response of the appellant to his A lawyer may refuse to represent indigent
inquiry. (Rule 122, Sec. 13, Rules of on valid grounds
Court) GENERAL RULE: A lawyer is not obliged to act
as counsel for any person who may wish to
75
LEGALETHICS
become his client. He has the right to decline Amount of attorney’s fees or client’s financial
employment. capability to pay should not serve as a test to
EXCEPTIONS: determine the extent of the lawyer’s
1. A lawyer shall not refuse his services to devotion to his client’s cause.
the needy or indigent.
2. He shall not decline to represent a person
solely on account of the latter’s race, sex,
creed or status of life or because of his
own opinion regarding the guilt of said
person. (Canon 14, Rule
14.01)
3. If there is serious and sufficient cause, an
appointment as counsel de oficio or as
amici curiae, or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
(Canon 14, Rule 14.02)
CHAPTER 7 – LAWYE R’
S A. ENTIRE DEVOTION WITHIN THE LAW
77
LEGALETHICS
Public interest requires that an attorney exert statute shall have been construed and
his best efforts in the prosecution or defense interpreted by competent jurisdiction, he is
of his client’s cause. free and is entitled to advice as to its validity
and as to what he conscientiously believes to
A lawyer shall perform duty within the law its just meaning and extent.
Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness. But above all a lawyer will find his highest
Duties of attorneys. - It is the duty of an honor in a deserved reputation for fidelity to
attorney: (c) To counsel or maintain such private trust and to public duty, as an honest
actions or proceedings only as appear to him man and as a patriotic and loyal citizen.
to be just, and such defenses only as he
believes to be honestly debatable under the
law. (Rule 138, Sec. 20, Rules of A lawyer shall give candid advice on
Court) merits of case
Duty to secure for the client, through A lawyer should endeavor to obtain full
honorable means, only what is justly due him. knowledge of his client's cause before
advising thereon.
A lawyer is required to represent his client Rule 15.05. A lawyer when advising his
within the bounds of the law. The CPR enjoins client shall give a candid and honest opinion
him to employ only fair and honest means to on the merits and probable results of the
attain the lawful objectives of his client and client’s case, neither overstating nor
warns him not to allow his client to dictate understanding the prospects of the case.
procedure in handling the case. He may use It is incumbent upon a lawyer to give his
arguable construction of the law or rules client an honest opinion on the probable
which are favorable to his client. But he is not results of the case, with the end vie of
allowed to knowingly advance a claim or promoting respect for the law and legal
defense that is unwarranted under existing processes.
law.
As officers of the court, counsels are under
The trust confided to an attorney must be obligation to advice their clients against
performed within the bounds of law. making untenable and inconsistent claims.
His office does not permit violation of law or
any manner of fraud or chicanery.
He swore, upon his admission to the practice, If a lawyer finds his client’s contemplated civil
to uphold the cause of justice, obey the law, suit totally devoid of merit or wholly
and do no falsehood. defenseless, he should inform his client and
dissuade him from filing or to compromise
There is nothing in the duty to a client which rather than traverse the incontrovertible.
makes it necessary for a lawyer to swear to If, on the other hand, he finds that his client’s
that which is false, to disregard the truth and cause is fairly meritorious and ripe for judicial
defy the clear purpose of the law, or to obtain adjudication, he should refrain from making
for his client something to which he is not bold and confident assurances of success.
justly and fairly entitled. Rule 15.06. A lawyer shall not state or imply
To permit lawyers to resort to unscrupulous that he is able to influence any public official,
practices for the protection of the supposed tribunal or legislative body.
rights of their clients is to defeat the The miscarriages to which justice is subject,
administration of justice. by reason of surprises and disappointments in
When rendering any improper service or evidence and witnesses, through mistakes
advice, the lawyer invites stern and just and errors of courts, even though only
condemnation. occasional, admonish lawyers to beware of
bold and confident assurances to clients,
He must also observe and advise his client to
observe the statute law, though until a
78
LEGALETHICS
When a lawyer discovers that some fraud or defective complaint that it did not suspend
deception has been practiced, which was the prescriptive period to file an action
unjustly imposed upon the court or party, he betrayed his client’s trust and did not
should endeavor to rectify it; at first by champion his cause.
advising his client, and if his client refuses to
forego the advantage thus unjustly gained, he Duration and extent of a lawyer’s duty
should promptly inform the injured person or to safeguard client’s interest
his counsel,so that they may take The attorney’s duty to safeguard the client’s
appropriate steps. (Canon 41, Code of interest commences from his retainer until his
Professional Ethics) effective release from the case.
During that period, he is expected to take
Canon 41 may collide with the lawyer’s duty such reasonable steps and such ordinary care
to keep the client’s confidence inviolate, as his client’s interests may require.
which may be the reason why the Code of The failure of his client to pay him his fees
Professional Responsibility merely requires does not warrant his abandoning the case.
the lawyer to terminate his relationship with
the client in the event the latter fails or A lawyer shall render service only
refuses to rectify the fraud. when qualified to do so
Rule 18.01. A lawyer shall not undertake a
legal service which he knows or should know
C. WHAT ARE REQUIRED TO PROTECT that he is not qualified to render. However he
CLIE NT ’ S I NT E may render such service if, with the consent
RE ST S of his client, he can obtain as collaborating
counsel a lawyer who is competent on the
Generally matter.
Canon 18. A lawyer shall serve his client with
competence and diligence.
By accepting a retainer, a lawyer impliedly A lawyer shall not handle a case
represents that: without adequate preparation
a. He possesses requisite degree of Rule 18.02. A lawyer shall not handle any
learning, skill, ability which is legal matter without adequate preparation.
necessary to the practice of his Lawyer should safeguard his client’s rights
profession and which other similarly and interests by:
situated possess; 1. Thorough study and preparation;
b. He will exert his best judgment in the 2. Mastering applicable law and facts
prosecution or defense of the litigation involved in a case, regardless of the
entrusted to him; nature of the assignment; and
c. He will exercise reasonable and 3. Keeping constantly abreast of the
ordinary care and diligence in the use latest jurisprudence and developments
of his skill and in the application of his in all branches of the law.
knowledge to his client’s cause;
d. He will take such steps as will Inadequate preparation spawns adverse
adequately safeguard his client’s effects that go far beyond the personal
interest. A client may reasonably interest of the client.
expect that counsel will make good his When the merits of one side of a case are not
representations. properly presented because of inadequate
Rule 18.03. A lawyer shall not neglect a legal presentation, the court may be misled
legal matter entrusted to him, and his by looking at the case in an uneven light.
negligence in connection therewith shall Careless preparation may cast doubt upon the
render him liable. lawyer’s intellectual honesty.
Thorough study and preparation will not executed by a corporate officer who has been
ensure winning the litigation, but there is duly authorized by its board of directors. If
deep satisfaction of having lost a case but there are two or more parties, all of them
won the esteem and respect of his client and should sign.
the approbation of the court in the manner he o Except:
espoused his client’s cause with skill, When one has been duly
diligence, ability, and candor. authorized to do so by his co-
party.
Where the petitioners are
husband and wife involving
Preparation of pleadings their property, in which case
A lawyer’s pleading: only one of them may sign.
o Shows the extent of his study and
preparation; In verifying a pleading, the certification of the
o Articulates his ideas as an officer of notary public must state that the affiant
the court; personally appeared before him, that the
o Mirrors his personality and reflects his affiant is personally known to the notary
conduct and attitude toward the court, public or that the affiant exhibited to him an
the opposing party and his counsel. official identification issued by a government
o Is a document embodying the result of agency showing his picture and signature. As
his work and furnishing the basis on required by the notarial law and rule issued
which to judge his competence. by the Supreme Court.
If a lawyer fails to comply with these
All of the above considerations emphasize the requirements, the complaint may be
need for utmost care in the preparation of a dismissed or his client may lose the case.
pleading. ―The client is bound by the action of his
A pleader should bear in mind the substantive counsel, as well as by his mistake or
and procedural requirements of the pleading negligence,‖ and may even subject the lawyer
to be filed in the court. to disciplinary action.
He should not suppress or distort material
and vital facts nor omit relevant documents Interviewing witnesses
which bear on the merit or lack of merit of his A lawyer may interview a witness in advance
petition. of trial to guide him in the management of
Honesty toward the court to enable it to litigation.
better appraise its merit or deficiency. A witness is the human instrumentality
The Rules of Court prescribe the procedural through which the law and the judges and
requirements, such as in the verification and lawyers, endeavor to ascertain the truth and
in the certification against forum shopping. to dispense justice to the contending parties.
Rule 7, Sec. 4., Rules of Court: Verification. An attorney violates no ethical rule when he
ascertains from a witness what the latter
Except when otherwise specifically required know and does not know about the facts in
by law or rule, pleadings need not be under controversy.
What is unethical is to tell the witness to say
oath, verified or accompanied by affidavit.
something which is false.
A pleading is verified by an affidavit that the A lawyer may properly interview any witness
affiant has read the pleading and that the or prospective witness for the opposing side
allegations therein are true and correct of his in any civil or criminal action without the
knowledge and belief. consent of opposing counsel or party. In
doing so, however, he should scrupulously
In the verified certification against forum avoid any suggestion calculated to induce the
shopping, it is signed only by the party witness to suppress or deviate from the truth,
himself and not his lawyer, and it may only be or in any degree to affect his free and
82
LEGALETHICS
untrammeled conduct when appearing at the Rule 13, Sec. 10. Rules of Court
trial or on the witness stand. Completeness of service.
A lawyer may properly obtain statements
Service by ordinary mail is complete upon the
from witnesses whose names were furnished
expiration of ten (10) days after mailing,
by the opposing counsel or interview the
employees of the opposing party even though unless the court otherwise provides.
they are under subpoena to appear as Service by registered mail is complete upon
witnesses for the opposite side. actual receipt by the addressee, or after five
If after trial resulting in defendant’s (5) days from the date he received the first
conviction, his counsel has been advised that notice of the postmaster, whichever date is
a prosecution witness committed perjury, it is
earlier.
the lawyer’s duty to endeavor honorably to
obtain such witness’ retraction. This rule imposes upon a lawyer the duty to
An adverse party, though he may be used as maintain a system that will insure his prompt
a witness, is not a witness within the meaning receipt of notices and communications sent to
of the rule permitting a lawyer to interview him by mail at his address of record.
the witness of the opposing party. The failure or refusal of a lawyer to claim
A lawyer should not in any way communicate
registered mails addressed to him may prove
upon the subject of controversy with a party prejudicial to his client’s interests, as when
represented by counsel, much less should he as a consequence thereof, he fails to attend a
undertake to negotiate or compromise the
hearing, to file a responsive pleading on time,
matter with him, but should deal only with his
pay the docket fee, or appeal an adverse
counsel.
judgment.
Circumstances that will not warrant reopening
What to do in case of conflict of trial dates of the litigation nor prevent the service by
Two or more cases set for trial in different
registered mail from being effective after 5
courts and on the same date without the
days’ notice:
lawyer’s previous knowledge should ask for 1. That a lawyer could not afford to hire a
postponement of the latter cases as he should
regular clerk to claim his mail.
not give undue preference for the work in one
2. That his clerk failed to call his
against the other.
attention to it.
o Except: In favor of that case wherein
3. That the demands of his work required
the court has served warning in view
him to be in different places.
of previous repeated postponements
4. That he changed his address without
Motion for postponement should be presented
notice to the court thereof.
at such time as practicable to prevent the
adverse party from coming to court with his
Notice of change of address
witnesses on the date of trial as to spare
Without his address being recorded in the
unnecessary expense. case, a lawyer will not be entitled to be
A lawyer should not assume that his motion
served with judicial notice.
for postponement will be granted even if the
Without informing the court in writing of such
adverse party conforms since the court is not
change, a notice served at the attorney’s
bound thereby.
original address is binding upon the client.
When the motion for postponement has been
Insofar as the court is concerned, the last
denied or the case has been set for trial for
address on record is the place where all
the last time, the lawyer must take notices shall be served until the court is
precautionary measures such as notifying the
officially informed to the contrary.
court or asking his clients to secure the
services of another lawyer or requesting
Notice of death of client
another attorney to appear for him. Rule 3, Sec. 16. Rules of Court: Death of
party; duty of counsel:
Adoption of a system to insure receipt
of mails
83
LEGALETHICS
Whenever a party to a pending action dies, What is required when moving from time to
and the claim is not thereby extinguished, it file pleading or to postpone hearing
shall be duty of his client to inform the court Pressure of work or some unavoidable
within 30 days after such death of the fact reasons may constrain a lawyer to file a
thereof, and to give the name and address of motion for extension of time to file pleadings.
his legal representative or representatives. A lawyer should not assume that such motion
Failure of counsel to comply with this duty will be granted.
shall be a ground for disciplinary action. A lawyer should inquire from the clerk of
court the court’s action thereon.
The legal representatives can be substituted He runs the risk of time running out on him.
as parties. Where a motion for extension has remained
The failure of giving such notice binds his unacted, the least that is expected of a
client as well as the heirs of any judgment. lawyer in the meanwhile is to file it within the
The court does not take judicial notice of the time asked for.
death of a party and will render decision as if When there is failure after the lapse of the
the party is alive. period, he should nonetheless file it with a
motion for leave to admit it, stating the
Requiring clerk of court to do his duty reasons for the delay.
Rule 20, Section 1. Rules of Court: Calendar Rule 12.03. A lawyer shall not, after
of cases. obtaining extensions of time to file pleadings,
The clerk of court, under the direct memoranda or briefs, let the period lapse
supervision of the judge, shall keep a without submitting to the same or offering an
explanation for his failure to do so.
calendar of cases for pre-trial, for trial, those
Rule 12.04. A lawyer shall not unduly delay
whose trials were adjourned or postponed, a case, impede the execution of a judgment
and those with motions to set for hearing. or misuse court processes.
The court frowns upon the lawyers’ practice of
If the clerk of court is negligent, it is the repeatedly seeking extensions and thereafter
lawyer’s duty to call the attention of the court simply letting the period lapse without
to that fact so that the administration of submitting any pleading or even explanation
justice will not suffer any delay. for their failure.
While an appellant may expect the clerk of Postponement is not a matter of right but of
court to do his duty, it does not discharge the sound judicial discretion.
counsel from the responsibility of seeing that
the record on appeal and evidence are Diligence in handling case
elevated to the appellate court. A lawyer must exercise ordinary diligence or
that reasonable degree of care and skill
Duty to keep client fully informed having reference to the character of the
Duty to advise promptly the client of any business he undertakes to do.
important information. He is not, however, bound to exercise
Notify client of an adverse decision within the extraordinary
period to appeal to enable the client to decide diligence.
whether to seek appellate review. What amounts to carelessness or negligence
Keeping the client fully informed of important depends upon the circumstances of the case.
developments of his case will minimize There is want of diligence where:
occasions for misunderstanding or loss of 1. The lawyer failed, without sufficient
trust and confidence. justification, to bring an action
The client should not, however, sit idly by. It immediately.
is also the client’s duty to make 2. Failure to file the answer to the
proper inquiries from his counsel complaint within the reglementary
concerning his case. period.
3. Failure to notify his client of the date
of the hearing.
84
LEGALETHICS
4. Failure to attend the scheduled pre- Where the client refuses to cooperate or is
trial conference or hearing. nowhere to be found, a lawyer should ask
5. Failure to prosecute the action for a that he be discharged or should apply to the
reasonable period. court that he be released.
6. Failure to inform the client of an Retirement from the case should be made on
adverse judgment within the record. His impending release from
reglementary period to appeal. professional obligation does not excuse him
7. Failure to take steps to have the from the non-performance thereof.
adverse decision reconsidered or
appealed.
8. Failure to ascertain the correct date of D. STANDARD OF DUTY IN CRIMINAL
receipt of the decision. ACTIONS
9. Failure to acquaint himself with what
has happened to the litigation.
10. Failure to pay the docket fee Duty to render effective legal service
on appeal. The lawyer must decline to conduct a civil
11. Failure to claim judicial notices sent cause or to make a defense when convicted
to him by mail. that it is intended merely to harass or to
12. Failure to file the appellant’s brief. injure the opposite party or to work
oppression or wrong.
A new counsel, who enters his appearance in It is the right of the lawyer to undertake the
midstream, has the duty not only to defense of a person accused of crime,
thoroughly study the case but also to inquire regardless of his personal opinion as to the
as to the status of the case. Failure to do so guilt of the accused.
prevents him from taking required steps and The right of an accused to counsel finds
may adversely affect his client’s interests. substance in the performance by the lawyer
Rule 18, Sec. 4, Rules of Court: Appearance of his sworn duty of fidelity to his client. It
of Parties. means an efficient and truly decisive legal
assistance and not simply a perfunctory
It shall be the duty of the parties and their representation.
counsel to appear at the pre-trial. Rule 138, Sec. 20 (i) In the defense of a
person accused of crime, by all fair and
The non-appearance of a party may be honorable means, regardless of his personal
excused only if a valid cause is shown opinion as to the guilt of the accused, to
therefor or if a representative shall appear in present every defense that the law permits,
his behalf fully authorized in writing to enter to the end that no person may be deprived of
into an amicable settlement, to submit to life or liberty, but by due process of law.
alternative modes of dispute resolution, and A lawyer may not cause the transfer, through
to enter into stipulations or admissions of misrepresentation, of a case pending in one
facts and of documents. sala to another of the same court without the
knowledge and consent of the judge taking
Pressure and large volume of legal work cognizance of said case for the purpose of
provide no excuse for the lawyer’s inability to obtaining from the second sala a more
exercise due diligence in the performance of satisfactory remedy.
his duty to take the necessary legal steps to A lawyer, in seeking reversal of a lower
protect his client’s interest. court’s conviction of his client, may
A lawyer who finds it impracticable to not attribute to the trial judge personal
continue representing a client should inform motives or attacking him acrimoniously
the latter of his predicament and ask that he behind his back in his appeal brief.
be allowed to withdraw from the case to The interest of the public requires that every
enable the client to engage the services of verdict be rendered only upon the issues
another counsel who can study the situation raised and evidence presented, uninfluenced
and work out a solution.
85
LEGALETHICS
E. CONSEQUENCES OF FAILURE TO
PERFORM DUTIES
Generally
Failure of the lawyer may render him
administratively liable, which may be a
reprimand, warning, suspension from the
practice of law, and even disbarment
depending upon the circumstances and
prejudice caused to the client.
87