CANON 21: A LAWYER SHALL person, unless the client with full

PRESERVE THE CONFIDENCE AND knowledge of the circumstances,

SECRETS OF HIS CLIENT EVEN
AFTER THE RELATION IS
TERMINATED
Rule 21.01 – SHALL NOT REVEAL THE
CONFIDENCES OR SECRETS OF HIS CLIENT
EXCEPT:
a. when authorized by client
b. required by law
c. necessary to collect his
fees or defend himself, his
employees or associates or
by judicial action
consents.
Rule 21.03 – shall not, without the
written consent of his client, give
information from his files to an outside
agency seeking such information for
auditing, statistical, bookkeeping,
accounting, data processing or similar
purpose
People vs Sy Juco
- Filing cabinet seized by armed men
- The prohibition covers consultation

Crime is BETRAYAL OF TRUST BY AN Rule 21.04 – May disclose the affairs of

ATTORNEY OR SOLICITOR (Revelation of
Secrets), Art. 209, RPC; prision correccional
or fine or both who by any malicious breach
of professional duty or inexcusable
negligence or ignorance, shall prejudice his
client, or reveal any of the secrets of the
latter learned by him in his prof capacity
Same penalty upon who, having undertaken
the defense of a client, or having received
confidential information from said client,
shall undertake the defense of the opposing
party in the same case, without the consent
of the first.
WHEN AUTHORIZED BY THE CLIENT
- Lawyer may break the Seal of
Secrecy with a waiver
- If secretary, stenographer or clerk,
the consent of the attorney is also
required.
a client of the firm to partners or
associates thereof unless prohibited by
the client
Rule 21.05 – shall adopt such
measures as may be required to
prevent those whose services are
utilized by him, from disclosing or
using confidences or secrets of the
client.
- Extends to personnel in his office
Rule 21.06 – avoid indiscreet
conversation about a client’s affairs
even with members of his family
Rule 21.07 – shall not reveal that he
has been consulted about a particular
case except to avoid possible conflict
of interest

WHEN REQUIRED BY LAW

- L cannot assist in the commission of
a crime or permit the priv to conceal
a wrong doing

WHEN NECESSARY TO COLLET FEES OR TO

DEFEND HIMSELF OR STAFF BY JUDICIAL
ACTION
- To protect L rights
- Disclosures are limited to only those
necessary for his action or defense

Rule 21.02 – shall not, to the

disadvantage or his client, use
information acquired in the course of
employment nor shall he use the same
to his own advantage or that of a third

CANON 22 – A LAWYER SHALL
WITHDRAW HIS SERVICES ONLY FOR
GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE
CIRCUMSTANCES
Rule 22.01- may withdraw his services
in any of the ff:
1. C pursues an illegal or immoral
course of conduct in connection
with the matter he is handling
2. C insists that a lawyer pursue
conduct violative of thes canons
and rules
3. When his inability to work with
co-counsel will not promote the
best interest of the client
4. When the mental or physical
condition of the L renders it
difficult for him to carry out the
employment effectively
5. C deliberately fails to pay the
fees for the services or fails to
comply with the retainer
agreement
6. L is elected or appointed to a
public office
7. Other similar cases
APPEARANCE – act of submitting or
presenting oneself to the court, plaintiff or
defendant, personally or through counsel,
seeding general or special reliefs
GENERAL APPEARANCE – either as plaintiff
or defendant and seeks general reliefs from
the court to the satisfaction of his claim or
counterclaim.
SPECIAL APPEARANCE – for the purpose of
objecting to the jurisdiction of the court over
his person with the purpose of dismissal. If
there are more prayers, it becomes a
general appearance
LAWYER IN LOWER COURT IS PRESUMED
TO BE LAWYER ON APPEAL
- Unless he files a withdrawal petition
- Same with counsel de officio or de
parte
- Thru a Notice of appearance served
upon the court and adverse party
Mercado vs. Ubay
- Presumed authorized, no written
power of atty is required
Judge may require counsel, on reasonable
grounds to produce or prove his authority to
appear for a client
- If he appears in cases without formal
notice of appearance
Porac Trucking Corp. vs. CA
- Suspended a lawyer for appearing for
a corporation in an action for
damages anchored on reckless
imprudence without having been
employed.
If a L is appointed in office – automatic
termination
- In public position which allows
concurrent practice of law
OTHER SIMILAR CASES
- It appears that he may be called as a
witness
- C conducts himself in a manner
degrading to his L
- C subornates a Witness
- C refuses to cooperate
- C fails to contact L
- When disauthorized to file a brief by
client’s parents
Aro vs. Nanawa
- With or without cause
- Valid Substitution:
o Written application
o Written consent of the client
o Written consent of the L
o If consent of L cannot be
obtained, sufficient proof of
notice that the motion for
substitution has been served
upon him
o If previous L died – same but
verified
Rule 22.02 – a lawyer who withdraws
or is discharged, shall, subject to a
retainer lien, immediately turn over all
papers and property to which the
client is entitled, and shall cooperate
with his successor in the orderly
transfer of the matter, including all
information necessary for the proper
handling of the matter
Section 37 Attorneys Lien – shall have a 2. Favorable Judgment secured by the
lien upon the funds, documents, and papers counsel for his client which judgment
of his client which have lawfully come into is money
his possession and may retain the same 3. Noted on the records with notice to
until his lawful fees and disbursement have both parties
been paid, and may apply such funds to the
satisfaction thereof (RETAINING LIEN). He SEE COMPARATIVE DISTINCTION page 311
shall also have a lien to the same extent
upon all judgments for the payment of
money and executions issued in pursuance
of such judgments, which he has secure in a
litigation of his client, from and after the
time when he shall have caused, a
statement of his claim of such lien to be
entered upon the records of the court
rendering such judgment, or issuing such
execution, and shall have caused written
notice thereof to be delivered to his client
and to the adverse party; and he shall have
the same right and power over such
judgments and executions as his client
would have to enforce his lien and secure
the payment of his just fees and
disbursements. (CHARGING LIEN)

Concept of Retaining Lien:

A passive lien and may not be actively
enforced. It amounts to a mere right to
retain the papers as against the client until
the lawyer is fully paid.

Daus v. Fontanosa
Refusal to return documents or receipts
subject to retaining lien, not guilty of
malpractice

Concept of Charging Lien:

Equitable right of an atty to have the fees
due him for services in a particular suit
secured by the judgment or recovery in such
suit.
- To protect the claim on the fruits of
the lawyer’s labor
- May be exercised on ALL judgments
which the L has secured for his client
in litigations
- May file a PETITION as an incident in
the main action. (Metrobank vs CA)
- Within the J of the court trying the
case (Caina v. Victoriano)

Retaining lien expires when possession ends

Requisites of Charging Lien:

1. LCR