Professional Documents
Culture Documents
Pale Canon 11-22
Pale Canon 11-22
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS c. Contempt in facie curiae (in the face of the court) is determined
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. by the trial judge and could be summarily punished without
hearing.
As an officer of the court, it is his duty to uphold the dignity and d. Disrespectful language in a pleading may also be committed
authority of the court which he owes fidelity accdg. to the oath he has indirectly, by annuendo or sarcastically.
taken. Respect for the courts guarantees the stability of our democratic
institutions which, without respect, would be resting on a very shaky e. The disrespect may be committed against the court and the
foundation. judiciary in general.
Canon 11 also speaks respect due to the judicial officers. Thus, f. The disrespect may be committed in a perverted reasoning or
lawyers must also extend respect to the clerk of the court. argument stated in pleading.
Illustration of violation of the rule: g. Want of intention is not an excuse for the disrespectful language
used. The counsel cannot claim that his words did not mean what
a. Stating in a radio interview that a judge was ignorant of the any reader must have understood them as meaning.
law and he is studying mahjong rather than studying law.
h. The subsequent deletion of the paragraph containing the
b. Arguing in motion for reconsideration that the lawyer who disrespectful language, made through an amendment, does not
filed it was a big name “Claro M. Recto”. erase the fact that is has been made. Thus, it cannot be a defense
in a charge of indirect contempt.
c. Pleadings that uses offensive and intemperate language as a
means of harassing judges whose decisions unfavorable to i. Lawyers facing direct contempt may not be allowed to retire
them. from practice of law bec. it would negate the power to punish
him for contempt.
A. Forms of Disrespect to the Court: Differences of Direct and Indirect Contempt:
1. Disregard from the court orders is disrespect to the court; Indirect or constructive contempt:
examples: a. The contemnor may be punished only “after the charge in
writing has been filed, and an opportunity has been given to the
a. Failure to file a reply as ordered by the SC is sanctionable. accused to be heard by himself or counsel.”
3. Unexplained failure to appear at scheduled hearing is A. Any person may be punished for Direct contempt if the
disrespect and an indirect contempt: person is guilty of misbehavior in the presence of or so near a
A lawyer without any explanation or justification court as to obstruct or interrupt in the proceedings before the
shows disrespect and degrading the administration of justice. same, including:
The lawyer must apologize for his non- appearance in court.
Even if the petition become moot and academic, the counsel - disrespect toward the court,
must still appear at the hearing. It is indirect contempt bec. of - offensive personalities toward others,
disobedience or resistance to a lawful write, order, judgment or
command by the court. - or refusal to be sworn or to answer as a witness,
B. Remedies in case of a biased and prejudiced judge: - or to subscribe an affidavit or deposition when
lawfully required to do so.
The bias and prejudice of a trial judge is a valid reason
for voluntary inhibition of the judge under Rule 137, Sec. 1 PENALTY:
(par2). Mere suspicion that a
Contempt committed against:
judge is partial is not enough, there must be clear and convincing
evidence to prove the charge. RTC/CA/SC: Fine not exceeding 2,000 pesos or imprisonment
not exceeding 10 days or both.
C. Power of Contempt by the Court:
Lower court: fine not exceeding or imprisonment not exceeding
a. The power of contempt should be exercised on the preservative 1 day or both.
to uphold respect due to it and not on the vindictive principle.
B. Any person may be punished for Indirect Contempt in any of
b. Contempt Proceedings are distinct and separate from the following acts (SEC. 3):
disciplinary or disbarment cases.
a. Misbehavior of an officer of a court in the performance of
his duties. Illustration of violation of the rule both written and oral language:
b. Disobedience or resistance to a lawful order.
c. Any abuse of or any unlawful interference with the a. Using the terms “abhorrent nullity”, “legal Monstrosity”, “horrible
proceedings of a court. error”
b. Stating in his brief that “Judge Maliwanag is not wearing his brief
d. Any improper conduct which tends directly or indirectly while in his chamber during office hours.”
to impede, obstruct, or degrade the administration of
justice. If the disagreement between the counsel and the judge has
degenerated into a personal clash, the use of the contempt power may
e. Assuming to be an attorney or an officer of a court and no longer be in the preservative but already in the vindictive sense. If
acting as such without authority. this happens, the contempt citation would be improper or that
punishment should be revised.
f. Failure to obey a subpoena duly served.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not
g. The rescue or attempted rescue of a person or property in supported by the record or have no materiality to the case.
custody of an officer by virtue of an order of the court
held by him. Duty not to attribute unfounded ill-motives to a judge:
NOTE: Nothing in the section shall be construed as to prevent It is the right of the lawyer also as a citizen to criticize
the court from issuing process to bring the respondent into in properly respectful terms and through legitimate channels the
court, or from holding him in custody pending such acts if courts and judges.
proceedings.
Illustration of violation of the rule:
How to commence proceedings:
a. An allegation by a counsel that the proceedings before the
1. May be initiated by the court against which the contempt trial court were “irregular” and that the so called
was committed by an order or formal charge requiring the irregularities “show the accused control over the court and
respondent to show cause why he should not be punished court procedure”.
for contempt.
b. Stating in pleading: “The Decision of the Court is like a brief
2. Commenced by a verified petition with supporting for Ayala” and “The court jeopardized its campaign against
particulars and documents to support the petition. graft and corruption.”
Where to File: where the charge for indirect contempt has been Rule 11.05 - A lawyer shall submit grievances against a Judge to
committed against a: the proper authorities only.
Hearing: respondent may be released from custody upon filing of the b. It must be shown beyond doubt that the judgment is unjust
bond. as it is contrary to law or is not supported by evidence, and
the same was made with conscious and deliberate intent to
PENALTY: do an injustice.
Elements of inexcusable negligence in rendering an unjust
Contempt committed against: RTC/CA/SC: fine not exceeding 30,000 judgment:
pesos or imprisonment not exceeding 6 months or both.
Lower court: fine not exceeding 5,000 pesos or imprisonment not Judge failed to observe in his performance of his
exceeding 1 month or both. duty, that diligence, prudence, and care which the law is
entitled to exact in the rendering of public service.
Rule 11.01 - A lawyer shall appear in court properly attired.
Jurisdiction of the Ombudsman over Judges:
Proper attire for: The Ombudsman is duty- bound to have all cases
Male - Barong Tagalog or suit with tie. against judges and court personnel filed before it referred to the
Female – appropriate business attire. SC for determination of whether an administrative aspect is
But generally, the proper attire would be the contemporary business involved in accordance with Art. VIII Sec. 6 of Constitution. In
suit. the meantime that the administrative matter is pending before
the SC, the Ombudsman must defer action on the criminal
- A lawyer not wearing proper attire in court may be held in complaint against the judge or court personnel.
contempt of court and ordered to leave the court and return
properly attired. CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
Rule 11.02 - A lawyer shall punctually appear at court hearings. EFFICIENT ADMINISTRATION OF JUSTICE.
Punctuality is demanded by the respect which a lawyer owes Duty to Assist in the Speedy and Efficient Administration of Justice:
to the court, the opposing counsel and to all the parties to the case. It is Lawyers should not forget that they are, first and foremost,
not an excuse that his tardiness was caused by matters which could officers of the court, bound to exert every effort to assist in the speedy
reasonably be foreseen or anticipated such as traffic/breakdown of his and efficient administration of justice. This duty is not only of the
vehicle. lawyer but also of the judge
Summary dismissal: Rule 12.04 A lawyer shall not unduly delay a case, impede the
If the acts of the party or his counsel clearly constitute execution of a judgment or misuse Court processes.
wilful and deliberate forum shopping, the same shall be ground
for summary dismissal with prejudice and shall constitute direct Duty Against Dilatory moves and Misuse of Court
contempt, as well as a cause for administrative sanctions. - this speaks of duty to expedite litigation
Rule on forum shopping applies only to judicial cases and - this is because a lawyer owes a duty to the court to “assist
not to administrative and disbarment cases (well, disbarment the court in the expeditious consideration and disposal of
actions are administrative proceedings) pending cases”
[Even in the judiciary] the rule requiring a Certificate of
Non-Forum Shopping may be relaxed when so warranted
Technicalities should not be improperly used to thwart
Willful intent is required: when there’s no intention on the substantial justice. Hence, a party should not invoke defect of
part of the lawyer to mislead the court, he can’t be sanctioned
from where no prejudice to substantial rights are involved
Literal identity of the parties is not required: It’s sufficient
that there is identity of interests represented
Treble costs can be assessed against dilatory and frivolous
[Illustration] Thus, there can be forum shopping where a appeals and tactics:
party in one cases is the GSIS and the party in the second cases is
the ECC, where the interest of the GSIS was affirmed by the ECC Frivolous / dilatory appeals: Where the rights of a
party have been made crystal clear by a lower court decision, it
may also already be clear that any appeal from it is clearly
Certificate of Non-Forum Shopping is executed by the party, groundless and that the appeal made is only for the purpose of
not the counsel: delay. Such a scheme is an attempt to defeat the administration
If executed by the counsel, it’s defective equivalent of justice
to a non-compliance with the requirement
Rationale: it is the party himself who would be in a position to
Illustration:
know whether another case had been filed or not
1. Repeatedly resorting to the remedy of certiorari is a
dilatory tactic
Res judicata distinguished from Forum shopping:
2. Where a case has already attained finality before the SC
a. Res judicata is what results when a present case filed is
barred by a prior final judgment and the case was remanded to the trial court, the losing
party may not file a new action as a mere subterfuge to
b. Forum shopping requires another pending case
frustrate the execution of the judgment.
Illustration:
Filing an action for the annulment if the sale and the recovery of
property allegedly inherited from the deceased will not prosper where Examples of Misuse of Court Processes:
the same property and the same claim are pending adjudication in a Misuse of a TRO issued by the CA – Applying for TRO where
separate proceeding for the settlement of the estate of the deceased party already knew that the orders of the trial court which were
sought to be enjoined had already been implemented
Rule12.03 A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without
Multiple or repetitious petitions - filing, in behalf of the same
submitting the same or offering an explanation for his failure to do so.
petitioners, a second petition for review on certiorari of the same
CA decision that had been previously denied with finality.
- OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
Rule 12.05 A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still
under examination.
Duty not to influence judges:
Duty not to Coach a Witness under Examination: Any inappropriate ex parte communication with the
judge is disallowed. A lawyer should not communicate or argue
Witness Preparation (good-allowed): occurs before the testimony; privately with the judge as to the merits of the pending cause
lawyer’s act of advising the client of the intended testimony and the and deserves rebuke and denunciation for any device of attempt
witnesses’ ability to convey the information and advocate the strengths to gain from judge special personal consideration favor.
of the testimony; here the lawyer can inform the witness what to
expect, how to act properly, and the procedures Witness Coaching
(bad-not allowed): done during testimony; counsel obfuscates the Rule 13.01 - A lawyer shall not extend extraordinary attention or
truth or instructs the witness to lie. It makes the testimony appear hospitality to, nor seek opportunity for cultivating familiarity
contrived, rehearsed, and unreliable. with Judges.
Penalty:
CANON 13 - A LAWYER SHALL:
- RELY UPON THE MERITS OF HIS CAUSE Making public statements in the media regarding a pending
case which tends to arouse public opinion for or against a party may
- AND REFRAIN FROM ANY IMPROPRIETY WHICH also constitute indirect contempt under Sec. 3 (c-d) Rule 71 of the
TENDS:
Rules of Court.
- TO INFLUENCE,
Exception to the rule: fair and accurate reporting is allowed of the
factual content of ongoing judicial proceedings by the media, as long
as the report does not usurp the court’s role by prejudging the case or
its legal issues. Counsel de Oficio (CDO): A lawyer appointed by the Court to counsel
an accused. One can be a CDO if he’s a member of the bar in good
standing who can competently defend the accused.
How does prejudice form in violation of sub-judice rule? If
judges and witnesses are exposed to the media materials that are not
part of the evidence presented or argued in the trial, judges and the In localities where no bar member is available: Court may appoint
any person, resident of the province and of good repute for ability to
witnesses will be hindered from impartiality and objectivity which
defend the accused.
cause prejudice. Freedom of expression as well as freedom of the media
to report should be limited since these freedoms should not take
precedence over the proper administration of justice. General rule: A lawyer can’t decline being appointed as CDO.
Exception: a serious and sufficient cause, like the 1) lawyer cannot
competently handle the case or 2) there’s conflict of interest.
Ex. of violation of sub- judice rule:
a. public discussion of a prior criminal record which is Court’s duty to appoint a CDO is NOT mandatory when: the accused
not relevant to the present charge against him; has proceeded with the arraignment and the trial with a his chosen
b. on-screen admissions of guilt by the accused. counsel (CDP), but during presentation of evidence, he appears by
himself alone because of the inexcusable absence of his counsel.
Open- Justice principle:
Refers to the public right to scrutinize and criticize The court can appoint a CDO during (or in the middle of) the
courts and court proceedings. trial: If an accused’s CDP deliberately makes himself
Purpose: to prevent idiosyncrasy or judicial arbitrariness and incompetent, the Court can appoint a CDO to enable the trial to
maintain public confidence in the administration of justice. Also, proceed until CDP finally appears.
it has been just as fundamental to a democratic society of Reason: because otherwise, the pace of the criminal prosecution
freedom of speech. will be entirely dictated by the accused to the detriment of the
resolution of the case.
Post- litigation criticisms:
It is the duty of a lawyer to criticize and expose the The need for this appointment arises when an accused is
shortcomings and indiscretions of courts and judges by penniless and a lawyer’s services as counsel to the former are
criticizing concluded litigations because then the court’s necessary to secure the ends of justice and to protect the rights of
actuations are thrown open to public consumption and the party
discussion. People who may avail of this legal service: A poor accused
who’s unable to employ an atty; Only indigents may avail of
Illustrations of disrespectful post- litigation criticisms: services of PAO (Note: a CDO is not automatically a PAO lawyer.
Remember, CDO may come from private sector)
a. A lawyer describing a ruling as a “absolutely A CDO gets paid but NOT by indigent client; he may get
erroneous and constituting an outrage to the rights of compensation from the Court subject to availability of funds.
the petitioner Mickey Celles and a mockery to popular (Rules of Court, Sec 32, Rule 138)
will.” A CDO is not exempt from any liability in case he messes.
b. A lawyer stating through a local newspaper, He’s equally liable as any paid lawyer.
“the only remedy to put an end to so much evil, is to
change the members of the SC.”
Distinguish Counsel de oficio (CDO) from Counsel de parte
(CDP):
Rule 13.03 - A lawyer shall not brook or invite interference by CDO is a court appointed lawyer;
another branch or agency of the government in the normal CDP is the lawyer of the party’s own choice
course of judicial proceedings.
The right to secure CDP’s services is not absolute: (It’s actually
Judicial Independence defined: more like a privilege than a right... but whichever, it’s not absolute).
- It is the doctrine that decisions of the judiciary should be Reason: The Court should balance the privilege to retain a
impartial and not subject to influence from the other branches of counsel of choice against the state and offended party’s equally
a gov’t or from private or political interests. important right to speedy and adequate justice (so it’s party’s
privilege vs. State’s right).
Two types of Judicial Independence:
1. Institutional independence – means the judicial branch is The Court can restrict the accused’s option to retain a CDP
independent from the executive and legislative branches. under the ff. circumstances:
2. Decisional independence – is the idea that judges should be able - When an accused insists on an atty he can’t afford;
to decide cases solely based on the law and the facts without - When he chooses someone who’s not a member of the bar
letting the media, politics or other concerns sway their decisions,
When the personally chosen lawyer declines (for a valid reason) ...and
and without fearing penalty in their careers for their decisions. similar others... The right to a CDP is waivable under the ff
conditions:
CANON 14 – A lawyer shall not refuse his services to the needy. - Waiver isn’t contrary to law, public order, public
policy, morals, or good customs OR prejudicial to a 3rd person
with a right recognized by law
- Waiver is unequivocally, knowingly, and intelligently made
Rule 14.01 – A lawyer 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. Amicus Curiae: “friend of the court” a person with strong interest on
the subject matter of an action. He can be a private person or someone
from the government.
Rule 14.02 – A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio or as amicus curiae,
or a request from the Integrated Bar of the Philippines or any of its An amicus curiae becomes a friend of the court when:
chapters for rendition of free legal aid.
1. He files a petition with the court for permission to file a brief, 3. To be guilty of representing conflict of interests, a counsel
apparently on behalf of a party but actually to suggest a rationale of record of one party need not also be of counsel of record
consistent with its own views. His briefs are commonly filed in of the adverse party. He does not have to publicly hold
appeals concerning matters of public interest. himself as the counsel of the adverse party, nor make his
2. Court invites him to help in the disposition of issues submitted to efforts to advance the adverse party’s conflict of interests of
it. record- although these circumstances are the most obvious
and satisfactory proof of the charge.
Rule 14.03 A lawyer may not refuse to accept representation of an The duration of time that has elapsed is immaterial in
indigent client if: determining conflict of interests. So whether the relationship with
(a) he is not in a position to carry out the work effectively or the client terminated 8yrs before the creation of new client that
competently; has adverse of interest with the first client, there still has conflict
(b) he labors under a conflict of interest between him and the of interest.
prospective client or between a present client and the 5. Termination of previous engagement is not a ground to disregard
prospective client. the prohibition on conflict of interest because the client’s
confidence once reposed cannot be divested by the expiration of
the professional employment.
Indigent party: one who has no money or property sufficient and
available for food, shelter and basic necessities for himself and his 6. The absence of any other lawyer in town is not an excuse to
family; the Court designates one as such upon ex parte application and accept cases that has conflict of interest.
hearing (to prove that he really is indigent) 7. Conflict of interests is not limited to litigation cases but can also
An indigent party is entitled to/exempt from: rise from financial dealings.
- Docket and other lawful fees (but they create a lien on the
judgment that will be rendered, unless the court provides A lawyer is forbidden to do either of two things after severing his
otherwise) transcripts of stenographic notes. relationship with a former client:
Rule 14.04: A lawyer who accepts the cause of a person unable to pay 1. He may not do anything injuriously affect his former client in
his professional fees shall observe the same standard of conduct any matter in which he formerly represented him;
governing his relations with paying clients. 2. Nor he may at any time use against his former client
knowledge/information acquired by virtue of the previous
__________________________________________ relationship.
Rule 15.01 - A lawyer, in conferring with a prospective client, Rule 15.04 - A lawyer may, with the written consent of all concerned,
shall ascertain as soon as practicable whether the matter would act as mediator, conciliator or arbitrator in settling disputes.
involve a conflict with another client or his own interest, and if
so, shall forthwith inform the prospective client. A lawyer acts as intermediary in seeking to establish or adjust a
relationship between clients on amicable and mutually
A lawyer could determine potential conflict of interest by: advantageous basis ex: in helping organize a business in which 2
- the initial conferment of a prospective client, or more clients are entrepreneurs.
- facts given to him and The alternative can be that each party may have to obtain
separate representation, with the possibility in some
- asking the necessary questions regarding the facts and situations of incurring additional cost, complication or even
personalities involved in the case. litigation.
The lawyer then, acts as intermediary. Forms of
Rule 15.02 - A lawyer shall be bound by the rule on privilege intermediation vary from arbitration to mediation where
communication in respect of matters disclosed to him by a each client’s case presented by the respective client and the
prospective client. lawyer decides the outcome, then to common representation.
Rule 15.03 - A lawyer shall not represent conflicting interests Rule 15.05 - A lawyer when advising his client, shall give a
except by written consent of all concerned given after a full candid and honest opinion on the merits and probable results of
disclosure of the facts. the client's case, neither overstating nor understating the
prospects of the case.
Rule on conflict of interests:
1. Prohibits the lawyer from representing new clients whose Scope of the Advice:
interests oppose those of a former client in any manner, a. Client is entitled to straight-forward advice expressing
whether or not they are parties in the same action or in lawyer’s honest assessment.
totally unrelated cases.
b. Purely technical advice can sometime be inadequate unless
2. Good faith and honest intention does not negate the requested by the client himself. It is proper for a lawyer to
prohibition.
refer relevant moral and ethical considerations in giving Mere failure to promptly report to the client his
advice. receipt of the money is punishable
c. Where consultation with a professional in another field is
itself something a competent lawyer, would recommend, the
lawyer should make such recommendation ex. family Rule 16.02 A lawyer shall keep the funds of each client
matters with the help of clinical psychology and business separate and apart from his own and those of others
matters with the aid of financial specialists. kept by him.
CANON 19 - A LAWYER SHALL REPRESENT Definition of Fraud – a generic term, embracing all
HIS CLIENT WITH ZEAL WITHIN THE
multifarious means which human ingenuity can devise,
BOUNDS OF THE LAW.
and which are resorted to by one individual to get
advantage over another by false suggestions or by
It is the duty of a lawyer to serve only within
the bounds of law, fair and honest and for lawful suppression of truth, and includes all surprise, trick and
objectives. cunning unfair way by which another is cheated.
He must give a candid and honest opinion on Rule 19.03 - A lawyer shall not allow his client to dictate
the procedure in handling the case.
the merits and probable of the client’s case with
the end in view of promoting respect for the law
and for legal processes, and counsel or maintain - Lawyers have the exclusive management of the
such actions or proceedings which appear to him procedural aspect of the litigation including the
as just and such defenses only as he believes to be enforcement of the rights and remedies of their
honestly debatable under the law. client.
Rationale of the canon: a lawyer’s duty is not - Even over the objection of the client, a lawyer can
present or refuse to present certain witnesses.
to his client but in the administration of justice; to
that end, his client’s success is wholly subordinate;
- Mistakes of counsel as to the relevancy or
irrelevancy of certain evidence or mistakes in
the proper defense, in the introduction of certain
evidence, or in argumentation are, among all Is the imposition of interest in the payment of
mistakes and procedure and they bind the atty’s fees in a contract allowed? Yes, if it’s
clients. reasonable. Otherwise, the court will ignore such
agreement (for the court to ignore the agreement, it
must be shown that it’s contrary to morality or
CANON 20 - A LAWYER SHALL CHARGE ONLY public policy)
FAIR AND REASONABLE FEES.
A lawyer is entitled to recover litigation expenses when:
- Defendant’s act or omission has commission has
Rule 20.01 A lawyer shall be guided by the following compelled the plaintiff to litigate or to incur
factors in determining his fees: expenses to protect his interest;
- The defendant acted in gross and evident bad faith
(a) the time spent and the extent of the service in refusing to satisfy the plaintiff’s valid, just, and
rendered or required; demandable claim
(b) the novelty and difficulty of the questions - In any other case where the court deems it just and
involved; equitable that the expenses be recovered
(c) The importance of the subject matter;
(d) The skill demanded; Lawyer’s acquisition of his client’s property:
(e) The probability of losing other employment as a
result of acceptance of the proffered case;
He may not: if the properties are the objects of the
(f) The customary charges for similar services and litigation in which he intervenes (meaning, “during the
the schedule of fees of the IBP chapter to which he pendency of the litigation”); this prohibition includes not
belongs;
only sales to private individuals but also public or
(g) The amount involved in the controversy and the judicial sales; this covers not only the purchase but also
benefits resulting to the client from the service; the assignment of the property
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether He may: if the lawyer acquires it after the termination of
occasional or established; and the case
(j) The professional standing of the lawyer.
Rationale (of the prohibition): public policy disallows
The amount of atty’s fees due is that stipulated in because of the fiduciary (based on trust and confidence)
the retainer agreement, absence such, amount nature of the lawyer-client relationship; and because by
would be fixed on the basis of the quantum merit
virtue of the lawyer’s office, he may easily take
(reasonable worth) of the atty’s services
advantage of the credulity and ignorance of his client
and unduly enrich himself at the expense of his client.
Factors to be considered in fixing atty’s
compensation:
Mere demand for delivery of the litigated property does not
- Importance of the subject matter of the cause the transfer of ownership, thus, not a prohibited
controversy
transaction.
- Extent of services rendered
- Professional standing of the lawyer
CHAMPERTY: “buying into someone else’s lawsuit”,
Court isn’t bound by opinion of a lawyer as it’s the arrangement in which a 3rd party (or even the
to proper compensation; Court may disregard it litigation lawyer) supports another’s litigation in exchange
and base its conclusion on its own professional
knowledge for a share of the proceeds, if there are any. If there are none,
the party litigant would not have to pay the person or
No form is required with regard to agreement on entity which financed the litigation. Any amount
fees but it’s preferred if it’s in writing
advanced would not have to be returned.
Written agreement on fees is generally Champerty is prohibited on the ground of public policy,
binding, but if client is ignorant and uneducated, it violates the fiduciary relationship between the lawyer
such written agreement may not be persuasive and his client. It’s also a form of maintenance
and the compensation should be made on the basis (intermeddling of an uninterested party, in short, epal).
of quantum merit.
Unless expressly stipulated, payment of For the party litigant, it’s an issue of litigation financing
lawyer’s fees is not gratuitous (as it’s based on the (when he has no financial means to pursue litigation).
law of contract: I do and you give)
A lawyer may require advance payment of his Lawyer’s contingency fee (payment conditional upon
fees, but he shall return the excess. success) is an exception to this prohibition.
A lawyer may accept property in payment such as
ownership interest in an enterprise.
CHAMPERTOUS CONTRACTS: an agreement - In this case, fees would have to be shared between
between a third person and a party litigant or a these lawyers proportionately (on the basis of the
lawyer and his client wherein the third person with proportion of services they render or by agreement
respect to the party litigant or the lawyer with between/among the lawyers) with the prior consent
respect to his client, supports the party litigant’s or of the client
the client’s litigation in exchange for a share of the - It doesn’t require disclosure to the client of the
proceeds emanating from the litigation, if there are lawyer’s share
any. Lawyer Referral System: the purpose of this is to aid
SYNDICATED LAWSUITS. It’s a form of individuals who are able to pay fees but need assistance
champerty where the litigant sells his shares in his in locating lawyers competent to handle their particular
lawsuit to investors. problems.
Rule 20.01 A lawyer shall not reveal the Rule 20.03 A lawyer shall not, without the full
confidences or secrets of his client except; knowledge and consent of the client, accept any fee,
(a) When authorized by the client after acquainting reward, costs, commission, interest, rebate or forwarding
him of the consequences of the disclosure; allowance or other compensation whatsoever related to
(b) When required by law; his professional employment from anyone other than the
(c) When necessary to collect his fees or to defend client.
himself, his employees or associates or by judicial
action. Such a payment may be allowed provided it is
with full knowledge and consent of the client and
There are no fixed rules in the setting of subject to the condition that that lawyer reasonably
attorney’s fees, that’s why they’re negotiable. believes that the client’s best interest will not be
There can only be guidelines. adversely affected
Judge’s opinion as to the capacity of the lawyer
is not a basis of the right to a lawyer’s fees Rule 20.04 A lawyer shall avoid controversies with
clients concerning his compensation and shall resort to
Manner of fixing the fees: judicial action only to prevent imposition, injustice or
Hourly fee basis: a lawyer keeps an accurate record fraud.
of all the time he had spent on the case, indicating
the number of minutes spent in every activity Duty to Avoid Disputes with Client Over Fees:
relating to the case. It’s usual to mark the time in It’s preferable that agreement on fees between
tenth-of-an-hour increments, meaning in chunks of the client and lawyer be in writing (to avoid disputes)
six minutes. Then the number will be multiplied by
the lawyer’s agreed upon hourly rate. ASSUMPSIT: Latin for “he undertook, he promised”,
It’s a cause of action for unpaid work. Its basis is
Fixed fee basis: Combination arrangement common law so it’s not applicable in the Philippines.
Concepts on attorney’s fees:
Lawyer may ask for “deposits” which would Ordinary sense: compensation paid by client
cover the necessary expenses and costs Extraordinary sense: awarded by the court to be paid by
An executor or administrator of an estate may the losing party (this must be expressly stated in the
not charge against the estate any professional decision)
fee for legal services as such are already paid
for in his capacity as executor or administrator CONTINGENT FEES: Arrangement where fees are
due only if the lawyer handles a case successfully.
General elements to be considered in fixing a Fees will come from the recovered amount in the
reasonable compensation/L case. If the case is unsuccessful, the client is under
- Importance of the subject matter/controversy no obligation to pay his lawyer.
- Extent of the services rendered
- Professional standing of the lawyer Appropriateness of contingent fee arrangement:
- The only practical means by which a litigant
Rule 20.02 A lawyer shall, in case of referral, with the can afford to pay his lawyer.
consent of the client, be entitled to a division of fees in - A successful prosecution produces a res out of
proportion to the work performed and responsibility which the fee can be paid
assumed.
On Criminal cases: Public policy condemns this
Duty to Divide Fees in Proportion to Work Done type of arrangement because these cases don’t
- Applicable in instances where legal work would produce a res with which to pay the fee
have to be shared between two or more lawyers
Reasonableness of contingent fees: It’s validity - This fee is independent and different from the
depends on the reasonableness of the amount fixed compensation which the lawyer should receive in
as contingent fee under the circumstances of the payment for his services
case.
2. Special retainer: fee for a specific case handled or
Illustration: special service rendered by the lawyer for a client.
- 50% contingency rate was not considered
exorbitant where it was determined that the Expiration of retainer agreement does not mean that
litigation was difficult lawyer is no longer entitled to attorney’s fees for
- 18% of the P214 million claim which amounts to services rendered
P38.5 million was found excessive as the lawyer the dismissal of a counter-claim (for atty’s fees) does
was only tasked to file only one memorandum and not amount to res judicata
his professional standing was “not such.” Rights and obligations arising from the lawyer-client
relationship is not transmissible (therefore the
Retaining lien on client’s funds and documents lawyer may not go against the heirs of his client of
(and property): Upon receipt of the funds payment of his professional fees). The fees constitute
belonging to the client, the lawyer may collect any a charge against the client’s state.
lien which he as over them in connection with his When a lawyer rendered legal services to the
legal services, provided he gives prompt notice to administrator or executor to assist him in the
his client. A lawyer is not entitled to unilaterally execution of his trust, his atty’s fees may be allowed
appropriate his client’s for himself by the mere fact as administration expense. But the estate is not
that the client owes him atty’s fees. directly liable for his fees, because they rest
primarily on the executor or administrator.
QUANTUM MERUIT: “as much as he deserves”; His remedy is: a) file an action against the
the rule implies a promise to pay a reasonable executor in his personal capacity; or b) file a
amount for the labor and materials furnished petition in the intestate or testate proceedings
Fees based on quantum meruit is authorized when: ACCEPTANCE FEE: It’s an absolute fee
- There is no express contract for the payment arrangement which entitles a lawyer to get paid for
- Although there’s formal contract, the fees are his efforts regardless of the outcome of the
unconscionable or unreasonable litigation
- Void contract
- The counsel, for justifiable cause, was not
able to finish the case to its conclusion CANON 21 - A LAWYER SHALL PRESERVE
There is a hearing. THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-
RETAINING FEE: preliminary fee paid to ensure and CLIENT RELATION IS TERMINATED.
secure a lawyer’s future services, to remunerate him for
being deprived, by being retained by one party, of the
opportunity of rendering services to the other part and
Rationale of lawyer- client confidentiality:
of receiving pay from him.
To permit the attorney to reveal to others what is
disclosed, would be not only a gross violation of a
In the absence of an agreement to the contrary, the sacred trust upon his part, but it would utterly
retaining fee is neither made nor received in destroy and prevent the usefulness and benefits
consideration of the services contemplated; it’s apart derived from professional assistance.
from what the client has agreed to pay for the
services which he has retained him to perform Lawyer- client confidentiality extends as well to his
employees and neither of them should accept
Absence of the stipulation of additional atty’s fees is employment, which involves or may involve the
not a bar to the collection of additional atty’s fees disclosure or use of these confidences either for the
advantage of his client, without his knowledge and
2 kinds of retainer fees: consent, and even thought there are other available
1. General retainer: the fee paid to a lawyer to secure sources of information.
his future services as general counsel for
The announced intention of the client to commit
any ordinary legal problem that may arise in the crime or fraud is not included within the
routinary business of the client and referred to him confidence which he bound to respect.
for legal action.
Reason for this is that the lawyer is deprived, by being Rule 21.01 - A lawyer shall not reveal the
retained by one party, of the opportunity of rendering confidences or secrets of his client except;
services to the other part and of receiving pay from him.
(a) When authorized by the client after acquainting
him of the consequences of the disclosure;
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his files
(b) When required by law; to an outside agency seeking such information for
(c) When necessary to collect his fees or to defend auditing, statistical, bookkeeping, accounting, data
himself, his employees or associates or by judicial processing, or any similar purpose.
action.
Rule 21.04 - A lawyer may disclose the affairs of a
Attorney- client privileged defined- in the law of client of the firm to partners or associates thereof
evidence, it is the client’s privilege to refuse to unless prohibited by the client.
disclose and to prevent any person from disclosing
confidential communication between him and his
attorney. Rule 21.05 - A lawyer shall adopt such measures as
may be required to prevent those whose services
Factors to consider in creation of a Lawyer- Client are utilized by him, from disclosing or using
relationship:
confidences or secrets of the clients.
2. Where legal advice of any kind is sought from a
professional legal adviser in his capacity as such,
3. the communications relating for that purpose, Rule 21.06 - A lawyer shall avoid indiscreet
4. made in confidence conversation about a client's affairs even with
members of his family.
5. by the client,
6. are at his instance permanently protected,
7. from disclosure by himself or by the legal Rule 21.07 - A lawyer shall not reveal that he has
advisor, been consulted about a particular case except to
avoid possible conflict of interest.
8. except the protection be waived.