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INTEGRATED BAR OF THE PHILIPINES CODE OF PROFESSIONAL RESPONSIBILITY : CHAPTER I. THE LAW AND SOCIETY CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. + Duties of Attorneys: 1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2, to observe and maintain the respect due to the courts of justice and judicial officers; 3. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he believes to be honestly debatable under the laws; 4, 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; 5. 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; 6, 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; 7. not to encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause for any corrupt motive or interest; 8. never to reject, for any consideration personal to himself, the cause of the defenseless or ‘oppressed; 9. in the defense of a person accused of a 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. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. + Conviction for crimes involving moral turpitude - a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: 1. estafa 2. bribery 3. murder 4, seduction 5. abduction 6. smuggling 7. falsification of public documents + Morality as understood in law - This is a human standard based on natural moral law which is embodied in man's conscience and which guides him to do good and avoid evil. + Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals. + Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. ‘Maniwag, 106 SCRA 591). + Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so Uunprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or 1 SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. (Narag vs. Narag, 1998) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. « If a lawyer finds that his client’s cause is defenseless, it is his burden/duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. + It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the blood, relationship or trust makes it his duty to do so. + Temper client's propensity to litigate. + Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. « The law violated need not be a penal law. “Moral Turpitude” - everything which is done contrary to justice, honesty, modesty or good morals. + Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. + Until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. + A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance chasing. + Barratry - offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; Lawyer's act of fomenting suits among individuals and offering his legal services to ‘one of them. + Ambulance Chasing - Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s). CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. + Primary characteristics which distinguish the legal profession from business; 1. duty of service, of which the emolument is a by product, and in which one may attain the highest eminence without making such money; 2. arelation as an ‘officer of court’ to the admi integrity and reliability; 3. a relation to clients in the highest degree of fiduciary; 4. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort 2 istration of justice involving thorough sincerity, to current business methods of advertising and encroachment on their practice or dealing with their clients. + Defenseless - not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons. ‘+ Oppressed - victims of acts of cruelty, unlawful exaction, domination or excessive use of authority. Rule on Advertisements + General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation. + Exceptions/ Permissible advertisements: 1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed. 2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he fs connected with, address, telephone number and the special branch of law practiced. 3. A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. 4, Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. 5. Advertisements or announcement in any legal publication, including books, journals, and legal magazines. Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant, + A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorney's fees were not provided for in the agreement. + Rule: A lawyer cannot compromise the case without client’s consent (special authority). Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g. Submission for decision on the evidence so far presented. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity for consultation, the lawyer may compromise. + Rule: Refrain from charging rates lower than the customary rates. Valid Justification: relatives, co-lawyers, too poor CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, 3