ETHICS BY JUSTICE MYRA F.

FINALS - MARCH 9 2019 1

1.-----Three tests to determine existence of conflict of interest

1. Conflicting Duties - When, on behalf of one client, it is the attorney’s duty to

contest for that which his duty to another client requires him to oppose or when
possibility of such situation will develop.

2. Invitation of Suspicion - Whether the acceptance of the new relation will

prevent a lawyer from the full discharge of his duty of undivided fidelity
and loyalty to his client or will invite suspicion of unfaithfulness or double-
dealing in the performance thereof. 


3. Use of Prior Knowledge Obtained - Whether a lawyer will be called upon in his
new relation to use against the first client any knowledge acquired in the
previous employment. 


2. -----OBLIGATIONS OF THE LAWYER WHEN HE RECEIVES MONEY / PROPERTY

FROM A CLIENT ARRISING FROM A CASE

(CANON 16)

Rule 16.01, Canon 1
A lawyer shall account for all money or property collected
or received for or from the client.

Rule 16.02, Canon 16
A lawyer shall keep the funds of each client separate and
apart from his own and those of others kept by him.

Rule 16.03, Canon 16
A lawyer shall deliver the funds and property of his client
when due or upon demand. However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also have a
lien to the same extent on all judgments and executions he has secured for his
client as provided for in the Rules of Court.
ETHICS BY JUSTICE MYRA F. FINALS - MARCH 9 2019 2

3. ------HOW FREQUENT MUST A LAWYER INFORM A CLIENT

1. information about the proceeding must be informed REGULARY

2. NEW DEVELOPMENT in the hearing
Ex. Date of the hearing , even w/o request of information the lawyer must
advice the client

4 ----- 6 FACTORS IN DETERMINING ATTORNEY’S FEE

( pero 10 yung nasa bar)

Factors in determining the attorney’s fees (1994 Bar Question)

In determining what is fair and reasonable, a lawyer shall be guided by the

following factors: (STIP- SNACCC)

1. Skill demanded;


2. Time spent and the extent of the services rendered or required;


3. Importance of the subject matter;


4. Probability of losing other employment as a result of acceptance of the

proffered case;


5. Professional Standing of the lawyer;


6. Novelty and difficulty of the questions involved;

7. Amount involved in the controversy and the benefits resulting to the client
from the services;


8. Customary Charges for similar services and the schedule of fees of the IBP
chapter to which he belongs;


9. Contingency or certainty of compensation; and

10. Character of the employment, whether occasional or established. (Rule

20.01)

5-----WHAT WILL A LAWYER DO IF A CLIENT CONFESSES A FUTURE CRIME?

ETHICS BY JUSTICE MYRA F. FINALS - MARCH 9 2019 3

1. lawyer should advice the client to desist from doing illegal act

2.assist the client to reform

3. If the client refuses, the lawyer should withdraw from the case

4.Seek for the assistance of the proper authorities

6 ------ WHEN CAN A LAWYER WITHDRAW FROM A CASE WITHOUT CPR

Rule 22.01, Canon 22
A lawyer may withdraw his services in any of the

following case:


a. When the client pursues an illegal or immoral course of conduct in

connection with the matter he is handling;


b. When the client insists that the lawyer pursue conduct violative of these
canons and rules;


c. When the inability to work with co- counsel will not promote the best interest of
the client;

d. When the mental or physical condition of the lawyer renders it difficult for him
to carry out the employment effectively;


e. When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement

f. When the lawyer is elected or appointed to public office; and


g. Other similar cases.

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7. ---- Specific grounds for suspension or disbarment of a lawyer

1. Deceit; 


2. Malpractice; 


3. Grossly immoral conduct; 


4. Conviction of a crime involving moral turpitude; 


4. Violation of oath of office; 


5. Willful disobedience of any lawful order of a 
superior court; 


6. Corrupt or willful appearance as an attorney for a 
party to a case without

authority to do so (RRC, 
Sec. 27, Rule 138); 


7. Non-payment of IBP membership dues (Santos, Jr. 
v. Atty. Llas, Adm. Case
No. 4749, January 20, 2000). 


TERMS
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Contingency fee contract

One which stipulates that the lawyer will be paid for his legal services only
if the suit or litigation ends favorably to the client (Taganas vs. NLRC,
G.R. No. 118746, September 7, 1995). It is like a contract subject to a
suspensive condition wherein the obligation to pay the counsel is based
upon the outcome of the case.

Contingent fees are sanctioned by the CPE and by the CPR subject to
certain limitations (Licudan vs. CA, G.R. No. 91958, January 24, 1991).

NOTE: If a lawyer employed on contingent basis dies or becomes disabled

before the final adjudication or settlement of the case has been obtained, he or
his estate will be allowed to recover the reasonable value of the services
rendered. The recovery will be allowed only after the successful termination of
the litigation in the client’s favor (Morton v. Forsee, Ann. Cas. 1914 D. 197;
Lapena, 2009, Pineda, 2009).

Champertous contract

Is one where the lawyer stipulates with his client in the prosecution of the case
that he will bear all the expenses for the recovery of things or property being
claimed by the client, and the latter agrees to pay the former a portion of the
thing or property recovered as compensation. It is void for being against public
policy (like gambling).

NOTE: A champertous contract is considered void due to public policy, because it

would make him acquire a stake in the outcome of the litigation which might lead him
to place his own interest above that of the client (Bautista v. Gonzales, A.M. No. 1625,
Feb. 12, 1990).

Quantum meruit basis.

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If there is no specific contract between the lawyer and the client, the lawyer is
paid on quantum meruit basis, that is, what the lawyer deserves for his services. 


Privileged communication

A privileged communication is one that refers to information transmitted by

voluntary act of disclosure between attorney and client in confidence and by
means of which, in so far as the client is aware, discloses the information to no
third person other than one reasonably necessary for the transmission of the
information or the accomplishment of the purpose for which it was given.

Sui generis in nature

Administrative cases against lawyers belong to a class of their own (sui generis).
They are distinct from and may proceed independently of civil and criminal cases
(In re Almacen, G.R. No. L-27654, Feb. 18, 1970; Funa, 2009).