CLASS ADVISORY

15 May 2021

Subject : Problem Areas in Legal Ethics (PALE)

5.30pm-7.30pm (Tuesday) / 5.30pm-06.30pm (Friday)

Professor : ATTY. ARVIN A. ODRON

AB; LLB; MM-PSM; MALP
_________________________________________________________________

Coverage for discussion: 18 May (5.30pm-7.30pm) & 21 May (5.30pm-6.30pm)

Code of Professional Responsibility

a) Read the following Canons (THE LAWYER AND SOCIETY)

Canons 1, 2, 3, 4, 5, and 6

b) Cases:

CANON 1

Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct

a) Deliberate disregard of the rule of law by personally demolishing structures

Narciso L. Hipolito vs Atty. Ma. Carmina M. Alejandro-Abbas, et. al.

A.C. No. 12485, 10 December 2019

b) Engaging in extramarital affairs with utter refusal to extend support to a child

Marife A. Venzon vs Atty. Amador B. Peleo III

A.C. No. 9354, 20 August 2019

c) Gross Immorality by Maintaining an extramarital affair (Compare the penalty imposed

above)

Gizale O. Tumbaga vs Atty. Manuel P. Teoxon

A.C. No. 5573, 21 November 2017

d) Deceiving a client by fabricating a court decision

Eduardo B. Manalang vs Atty. Cristina Benosa Buendia

A.C. No. 12079, 10 November 2020

e) Deceiving someone to sign a waiver over an interest in a realty

Felipe D. Laurel vs Reymelio M. Delute

A.C. No. 12298, 01 September 2020

Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law

a) Excluding an heir in disregard of the law on succession

Myriam Tan-Te Sent vs Atty. Dennis C. Pangan

A.C. No. 12829, 16 September 2020

b) Aiding the circumvention of the prohibition against foreign ownership of lands

Peter T. Donton vs Atty. Emmanuel O. Tansingco

A.C. NO. 6057, 27 June 2006

Rule 1.03 A lawyer shall not encourage any suit or proceeding or delay any man's cause

a) Applying the same cause of action in several complaints

Atty. Honesto Ancheta Cabarroguis vs Atty. Danilo A. Basa

A.C. No. 8789, 11 March 2020
b) Delaying one’s cause by failing to act on a motion with dispatch

Mary Ann T. Flores vs Atty. Jovencio LL. Mayor, Jr.

A.C. No. 7314, 25 August 2015

Rule 1.04 A lawyer shall encourage settlement of a controversy if it admits a fair settlement

a) Discouraging a client from settling a valid claim

Larry C. Sevilla vs Atty. Marcelo C. Millo

A.C. No. 10697, 25 March 2019

CANON 2

Rule 2.01 A lawyer shall not reject the cause of the defenseless

a) Prejudicing a client’s cause by acting as campaign manager in an election

Nora E. Miwa vs Atty. Rene O. Medina

A.C. No. 5854, 30 September 2003

Rule 2.02 A lawyer shall not refuse to render legal advice

Rule 2.03 A lawyer shall not do any act designed primarily to solicit legal business

a) Ambulance chasing

Pedro L. Linsangan vs Atty. Nicomedes Tolentino

A.C. No. 6672, 04 September 2009

b) Advertisement of legal services must be compatible with the dignity of the legal
profession

Atty. Ismael G. Khan, Jr. vs Atty. Rizalino T. Simbillo

A.C. No. 5299, 19 August 2003

c) Employing paralegals to encourage the filing of lawsuits

Jerry M. Palencia vs Atty. Pedro L. Linsangan, et. al

A.C. No. 10557, 10 July 2018

d) Use of business entities to solicit clients and to advertise legal services

Jerry M. Palencia vs Atty. Pedro L. Linsangan, et. al

A.C. No. 10557, 10 July 2018

Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed

CANON 3

Rule 3.01 A lawyer shall not use false, misleading, and self-laudatory qualifications

a) Issuing self-laudatory and undignified statements

Atty. Pedro B. Aguirre vs Atty. Crispin T. Reyes

A.C. No. 4355, 08 January 2020

Rule 3.02 In the choice of a firm name, no false, misleading or assumed name shall be used

a) Use of a disbarred lawyer's name in a firm’s name

David Yu Kimteng, et. al vs Atty. Walter T. Young, et. al

G.R. No. 210554, 05 August 2015

Rule 3.03 Where a partner accepts public office, he shall withdrawal from the firm

Rule 3.04 A lawyer shall not give anything of value to the mass media for publicity
 CANON 4

CANON 5

a) Keeping abreast with law and jurisprudence: Non-compliance with MCLE

Elibena A. Cabiles vs Atty. Leandro S. Cedo

A.C. No. 10245, 16 August 2017

CANON 6