The fact that a lawyer has a lien for his attorney’s fees on the money in his
Legal Ethics: 4th HW
1. What is the rule regarding the lending and borrowing of money by a
lawyer from his client? (Rule 16.4; Foster v. Agtang)
Rule 16.04. – A lawyer shall not borrow money from his client unless the
client’s interests are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
2. What is the Canon of the CPR violated by the lawyer’s act of
receiving money as acceptance fee for legal services in handling
complainant’s case and, subsequently, failing to render the services?
(Nebreja v. Reonal)
The mere failure of the lawyer to perform the obligations due to the client
is considered per se a violation.
The lawyer’s act of receiving money as acceptance fee or legal services in
handling the complaint’s case and, subsequently, failing to render the
services, was a clear violation of Canon 18 of the Code of Professional
Responsibility.
3. Suppose a lawyer has a lien for his attorney’s fees on the money in
his hands collected for his client, does it relieve him from the
obligation to make a prompt accounting (Viray v. Sanicas)
Rule 16.01 of the Code of Professional Responsibility imposes upon the
lawyer the duty to “account for all money or property collected or received
for or from the client.”
Such failure and inordinate refusal on the part of the respondent to render
an accounting and return the money after demand raises the presumption
that he converted it to his own use.
hands collected for his client does not relieve him from the obligation to
make a prompt accounting.
4. What is the Canon which provides that “A lawyer shall represent his
client with zeal within the bounds of the law.”
Canon 19. - A lawyer shall represent his client with zeal within the bounds
of the law.
The Code of Professional Responsibility provides the limitation that
lawyers shall perform their duty to the client within the bounds of law.
(Trinidad v. Villarin)
5. What Rule of the CPR requires that a lawyer shall employ only fair
and honest means to attain lawful objectives? (Trinidad v. Villarin)
Rule 19.01 – A lawyer shall employ only fair and honest means to attain
the lawful objectives of his client and shall not present, participate in
presenting or threaten to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
*lawyers must not present and offer in evidence any document that they
know is false. (Trinidad v. Villarin)
6. What is the Rule of the CPR which provides that a lawyer shall not
allow his client to dictate the procedure in handling the case?
Rule 19.03 – A lawyer shall not allow hi client to dictate the procedure in
handling the case.
7. What is the Rule of the CPR which enumerates the factors in
determining the fees of a lawyer?
Rule 20.01 – A lawyer shall be guided by the following factors in
determining his fees:
a) The time spent and the extent of the services rendered or
required;
b) The novelty and difficulty of the questions involved;
 c) The importance of the subject matter;
d) The skills demanded;
e) The probability of losing other employment as a result of
acceptance of the proffered case;
f) The customary charges for similar services and the schedule of
fees of the IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits resulting
to the client from the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or
established; and
j) The professional standing of the lawyer.
8. What is the Canon of CPR, which provides that a lawyer shall
preserve the confidence and secrets of his client even after the
attorney-client relation, is terminated?
Canon 21 – A lawyer shall preserve the confidences and secrets of his client
even after the attorney-client relation is terminated.
9. What are the exceptions to the rule that a lawyer shall not reveal the
confidences or secrets of his client? (Rule 21.01)
Rule 21. 01 – A lawyer shall not reveal the confidences or secrets of his
client except:
a) When authorized by the client after acquainting him of the
consequences of the disclosure;
b) When required by law
c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
10. May a lawyer be disciplined for a misconduct committed outside of
his professional capacity? (Ong v. Delos Santos)
There is no question that a lawyer could be disciplined not only for a
malpractice in his profession, but also for any misconduct committed
outside his professional capacity.
11. May the Supreme Court order respondent lawyer to return the
money he borrowed from complainant in his private capacity?
(Foster v. Agtang)
The Supreme Court cannot order respondent to return the money he
borrowed from complainant in his private capacity. In disciplinary
proceedings against lawyers, the only issue is whether the officer of the
court is still fit to be allowed to continue as a member of the Bar.
12. A lawyer shall withdraw his services only for good cause and
appropriate notice. Enumerate those good causes under Rule. 22.01.
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 his 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 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.
13. What are the obligations of a lawyer who withdrew or is discharged
under Rule 22.02?
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.
Unless properly relieved, the counsel is responsible for the conduct of the
case, and he is obligated by his client and the court to do what the interest
of his client requires until the end of litigation or his representation is
terminated formally and there is a termination of record. (Torres v.
Rodellas) The counsel of record is obligated to protect his client’s interest
until he is released from his professional relationship with his client. Until
his withdrawal shall have been approved, the lawyer remains counsel of
record who is expected by his client as well as by the court to do what the
interests of his client require. The attorney-client relation does not
terminate formally until there is a withdrawal of record. (Saligumba v.
Palanog)
14. When may a lawyer decline to accept a case?
A lawyer may decline to accept a case if it will violate his oath as a lawyer
such as when a conflict of interest exists. But in a criminal case, he may not
decline to defend the accused even if he believes that he is guilty. This is
true if a lawyer is appointed as counsel de oficio to defend the accused
who is poor. Otherwise, the accused will be defenseless. Besides, the guilt
or innocence of the accused is best left to the judgment of the court.
15. If the case is not meritorious, what should the lawyer advise the
client?
If the case is not meritorious, the lawyer should be candid enough to his
client and should decline the case. He should instead advice the litigant to
settle the case.
16. What is the lawyer’s relationship with client?
The lawyer’s relationship with his client is fiduciary, personal and strictly
confidential.
17. When is there representation of conflicting interest?
There is representation of conflicting interests if the acceptance of a new
retainer will require the lawyer to do anything, which will injuriously affect
his first client on any matter that he represents.
18. What is the duration and coverage of the rule on confidential
information?
Without his client’s consent, a lawyer cannot divulge any confidential
information made by his client to him in the course of his employment as
counsel. The prohibition is perpetual. It lasts even after the termination of
the case and even after the death of his client.
The reason for the rule is that the client is fully free to disclose all the facts
of the case to enable the lawyer to adequately defend the cause of his
client and will not be subjected to surprises.
19. What is the limitation of the right of a client to discharge his lawyer?
The client has the right to terminate or discharge his attorney at any time
with or without cause. The right of the client to terminate or discharge his
lawyer is based on trust and confidence. A lawyer is aware that he can be
discharged by his client at any stage of the proceedings at any time client
loses his confidence in him.
This rule is based on the principle of a personal and highly confidential
nature of relationship of the attorney and the client. The only limitation of
the right of the client to discharge his lawyer is the payment of services
rendered by the lawyer.
20. What is the rule regarding the termination of attorney-client
relationship?
The lawyer may terminate his relationship with his client only for good
cause as enumerated under Rule 22.01 of the Code of Professional
Responsibility.
As previously stated, a lawyer who withdraws or is discharged, subject to
his retainer lien, has the duty to turn over immediately 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.
IN practice, the lawyer has to file a motion for withdrawal of appearance
with the consent of his client. The withdrawal of appearance must still be
approved by the court even if the client has already consented.
21. What are the instances when the lawyer cannot demand attorney’s
fees?
1. The lawyer has committed professional misconduct;
2. Withdrawal from the case without just cause;
3. The lawyer has served conflicting interests;
4. In legal aid cases on the part of the practicing lawyer; and
5. When the lawyer is appointed as attorney de oficio to defend the
accused in a particular criminal case.
22. What is the meaning of quantum meruit and in what instances
quantum meruit apply?
Quantum meruit means much as what the lawyer deserves to be paid.
Quantum meruit applies in the following cases:
1. When there is no express contract;
2. The contract is for unconscionable amount;
3. The contract is void; or
4. The lawyer did not finish the case
23. What are contingent fee contracts and are such contracts allowed in
our jurisdiction?
A contingent fee contract is an agreement where a lawyer is paid out of
the proceeds of the litigation.
Contingent fee contracts are permitted in this jurisdiction because they
redound to the benefit of the poor client and the lawyer “especially in
cases where the client has meritorious cause of action, but no means with
which to pay for legal services unless he can, with the sanction of law,
make a contract for a contingent fee to be paid out of the proceeds of
litigation. Often times, the contingent fee arrangements are the only
means by which the poor clients can have their rights vindicated and
upheld. (Masmud v. NLRC)
24. Define attorney’s lien and charging lien.
An attorney lien may be availed of by the lawyer to protect himself from
unscrupulous clients who unjustly refused to pay despite his financial
capacity to do so. Attorney’s lien is either retaining lien or charging lien.
A retaining lien means that the lawyer has the right to retain documents
and papers that come to his possession until his attorney’s fees are fully
paid. On the other hand, the charging lien applies in claims for money
where the lawyer states on record during the proceeding of the agreement
with his client to pay certain amount of his compensation.
25. Define Champertous contract.
Champertous contract – one where the lawyer stipulates with his client
that he will bear all of 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 things or property recovered as compensation, if it is void
for being against public policy.
26. What are the criminal liabilities of a lawyer under Arts. 208 and 209,
as well as Art. 172 of the Revised Penal Code.
Lawyers are criminally liable under Articles 208 and 209 of the Revised
Penal Code for dereliction of duty and betrayal of public trust. They are
also liable for knowingly introducing falsified documents in a judicial
proceeding under Article 172 of the Revised Penal Code; and for estafa for
misappropriating the funds of their clients.
27. What is contempt of Court? Distinguish direct and indirect contempt
of Court.
Contempt of court means the power to punish for contempt against any
lawyer or person for gross disrespect of the court, open defiance of court
order or obstruction of justice.
Direct contempt (contempt in facie curiae) – misbehavior committed in the
presence of or so near a court or judge so as to obstruct or interrupt the
proceedings before the same, including disrespect toward the court, and
can be punished summarily without hearing.
Indirect contempt – an act committed outside the court such as
disobedience to lawful court order or tending to degrade or obstruct
administration of justice. In such a case, the lawyer is given a chance to
defend himself in a hearing held for the purpose.

28. What is civil contempt and criminal contempt of court?

Civil contempt – committed by a lawyer by his failure to do something

ordered by the court which is for the benefit of a party.

Criminal contempt – consists of any conduct directed against the authority

or dignity of the court.

29. Define ordinary and extraordinary attorney’s fees

Ordinary – an attorney’s fee is the reasonable compensation paid to a

lawyer by his client for the legal services he has rendered to the latter.

Extraordinary – attorney’s fees are deemed indemnity for damages

ordered by the court to be paid by the losing party in a litigation. It is the
one contemplated by Article 11 of the Labor Code, which is an exception to
the declared policy of strict construction in the awarding of attorney’s fees.