CODE OF

PROFESSIONAL
RESPONSIBILITY

Canons 14-22
 Duties of a lawyer under the Code of
Professional Responsibility
THE LAWYER AND THE CLIENT
(CANON 14 TO 22)

14. Duty to render legal service to the needy

15. Duty to observe candor, fairness, and loyalty to clients
16. Duty to hold in trust of client’s moneys and properties
17. Duty of fidelity to the cause of the client
18. Duty to serve his client with competence and diligence
19. Duty to represent his client with zeal within the bounds of the law
20. Duty to charge only fair and reasonable fees
21. Duty to preserve client’s confidence and secrets
22. Duty to withdraw services only for good cause and upon notice
Canon 14

A LAWYER SHALL NOT REFUSE HIS SERVICES

TO THE NEEDY.
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.
It is a lawyer’s duty not to be prejudiced in
accepting clients. It was improper for a defense
counsel to state that his own clients, who were the
accused in a homicide case, had “salvaged” the
victims when even the trial court had not made
such findings (Francisco et al. vs. Portugal,A.C. No. 6155,
March 14, 2006).
2000 Bar Exams

M was criminally charged with violation of a

special law. He tried to engage the services of
Atty. N. Atty. N. believed, however, that M is
guilty on account of which he declined. Would it
be ethical for Atty. N to decline? Explain.
2004 Bar Exams

Atty. DD’s services were engaged by Mr. BB as

defense counsel in a lawsuit. In the course of the
proceedings, Atty. DD discovered that Mr. BB
was an agnostic and a homosexual. By reason
thereof, Atty. DD filed a motion to withdraw as
counsel without Mr. BB’s express consent.
Is Atty. DD’s motion legally tenable? Reason
briefly.
Rule 14.02

A lawyer shall not decline, except for serious

and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a
request from the Integrated Bar of the
Philippines or any of its chapters for
rendition of free legal aid.
Counsel De Oficio
He is an attorney appointed by the court to
represent a party, usually an indigent
defendant, in a criminal case (People v. Daban, G.R.
No. L-31429, January 31, 1972). He is expected to
render effective service and to exert his best
efforts on behalf of an indigent accused. He has
as high a duty to a poor litigant as to a paying
client. He should have a bigger dose of social
conscience and a little less of self-interest (In the
Matter of Attorney Lope E. Adriano, G.R. No. L-26868,
February 27, 1969).
How Counsel de Oficio is appointed?

Under Section 7, Rule 116 of the Rules of Court,

counsel de oficio may come from the private
sector. However, the courts have been reminded
that the frequent appointment of the same
attorney as counsel de oficio should be avoided
(People vs. Daeng, 49 SCRA 221). Only indigents may
avail of the services of the Public Attorney’s
Office.
Amicus Curiae

He is a person with strong interest in or views

on the subject matter of an action may petition
the court for permission to file a brief,
ostensibly on behalf of a party but actually to
suggest a rationale consistent with its own
views.
2002 Bar Exams

A. May a lawyer decline a request for free legal aid

to an indigent accused made by a chapter of the
Integrated Bar of the Philippines?

B. Will your answer be different if the legal aid is

requested in a civil case?
Suggested Answers
A. Rule 14.02 of the Code of Professional Responsibility provides that
“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
chapter for rendition of free legal aid. He may, decline such
appointment for serious and sufficient cause. For example, he may
decline if such appointment will involve conflict of interest with
another client.
B. My answer will not be exactly the same, because in a civil case, the
lawyer can also decline if he believes the action or defense to be
unmeritorious. He is ethically bound to maintain only actions and
proceedings which appear to him to be just and only such defenses
which he believes to be honestly debatable under the law.
Rule 14.03

A lawyer may not refuse to accept

representation of an indigent client unless:
a. He is in no position to carry out the work
effectively or competently;
b. He labors under a conflict of interest
between him and the prospective client or
between a present client and the prospective
client.
Duty to Render Legal Service to the
Indigent

A lawyer has the duty to render legal service to

the indigent. The indigent represents one of the
marginalized sectors of society. They are, in the
scheme of things, prone to victims of injustice.
Within the limits of the lawyers’ capacity, able
lawyers must extend assistance to these
marginalized members of society. (Funa, Legal and
Judicial Ethics 2009, p. 233)
Indigent Party

A party who has no money or property sufficient

and available for food, shelter and basic
necessities for himself and his family (Section 21,
Rule 3 [Parties to Civil Actions], Revised Rules of Court).
Rule 14.04

A lawyer who accepts the cause of a person

unable to pay his professional fees shall
observe the same standard of conduct
governing his relations with paying clients.
CANON 15

A LAWYER SHALL OBSERVE CANDOR,

FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.01

A lawyer, in conferring with a prospective

client, shall ascertain as soon as practicable
whether the matter would involve a conflict
with another client or his own interest, and
if so, shall forthwith inform the prospective
client.
Duty to Ascertain Conflict of Interest as
Soon as Practicable
A potential conflict of interest is a matter which could be
determined at the initial conferment with a prospective
client. A lawyer can readily determine this by
considering the facts given to him and by asking the
necessary questions regarding the facts and the
personalities involved in the case. If such conflict of
interest exists, the lawyer must immediately inform the
client of his inability to take on the case due to this
ethical consideration (Funa, Legal and Judicial Ethics 2009,
p. 233).
Rule 15.02

A lawyer shall be bound by the rule on

privilege communication in respect of
matters disclosed to him by a prospective
client.
2017 Bar Examinations
VIII.
a. Sancho Mahilig went to the office of Atty. Charm to
engage her legal representation in the criminal case for
adultery that the husband of his socialite friend had brought
against him in the City Prosecutor’s Office in Manila. Atty.
Charm thoroughly interviewed Sancho in her office with only
Linda, the secretary/stenographer of Atty. Charm, the only
other person present. On that occasion, Sancho candidly
informed Atty. Charm about his illicit affair with the socialite
wife, and gave many details. Linda faithfully recorded the
interview.
During the trial of the criminal case for adultery, the trial
prosecutor requested the court to issue a subpoena duces
tecum to compel the production of the record of the
interview and a subpoena ad testificandum to compel Linda
to testify on the admission of the affair by Sancho. Atty.
Charm objected to the request on the basis of lawyer-client
confidentiality. If you were the trial judge, how will you
resolve the objection of Atty. Charm? Justify your answer.
(4%)
Rule 15.03

A lawyer shall not represent conflicting

interests except by written consent of all
concerned given after a full disclosure of the
facts.
Rule 15.04

A lawyer may, with the written consent of all

concerned, act as mediator, conciliator or
arbitrator in settling disputes.
Rule 15.05

A lawyer when advising his client, shall give

a candid and honest opinion on the merits
and probable results of the client’s case,
neither overstating nor understating the
prospects of the case.
Rule 15.06

A lawyer shall not state or imply that he is

able to influence any public official, tribunal
or legislative body.
Rule 15.07

A lawyer shall impress upon his client

compliance with the laws and principles of
fairness.
Rule 15.08

A lawyer who is engaged in another

profession or occupation concurrently with
the practice of law shall make clear to his
client whether he is acting as a lawyer or in
another capacity.
Canon 16

A LAWYER SHALL HOLD IN TRUST ALL

MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION.
Rule 16.01

A lawyer shall account for all money or

property collected or received for or from the
client.
Rule 16.02

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

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.
Charging Lien

It is an equitable right to have the fees and

lawful disbursement due a lawyer for his
services in a suit secured to him out of the
judgment for the payment of money and
executions issued in pursuance thereof in the
particular suit.
Requisites:
1.Existence of an attorney-client relationship;
2.The attorney has rendered services;
3.Favorable money judgment secured by the
counsel for his client;
4.The attorney has a claim for attorney’s fees or
advances; and
5.A statement of the claim has been duly
recorded in the case with notice thereof served
upon the client and the adverse party.
Retaining Lien

It is a right merely to retain the funds, documents

and papers as against the client until the
attorney is fully paid his fees
Requisites:

1.Attorney-client relationship;
2.Lawful possession by the lawyer of the clients’
funds, documents and papers in his professional
capacity; and
3.Unsatisfied claim for attorney’s fees or
disbursements.
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.
Canon 17

A LAWYER OWES FIDELITY TO THE CAUSE OF

HIS CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE REPOSED IN
HIM.
Canon 18

A LAWYER SHALL SERVE HIS CLIENT WITH

COMPETENCE AND DILIGENCE.
Rule 18.01

A lawyer shall not undertake a legal service

which he knows or should know that he is not
qualified to render. However, he may render
such service if, with the consent of his client,
he can obtain as collaborating counsel a
lawyer who is competent on the matter.
Rule 18.02

A lawyer shall not handle any legal matter

without adequate preparation.
Rule 18.03

A lawyer shall not neglect a legal matter

entrusted to him, and his negligence in
connection therewith shall render him liable.
Rule 18.04

A lawyer shall keep the client informed of the

status of his case and shall respond within a
reasonable time to client’s request for
information.
Canon 19

A LAWYER SHALL REPRESENT HIS CLIENT

WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
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.
Rule 19.02

A lawyer who has received information that

his client has, in the course of the
representation, perpetrated a fraud upon a
person or tribunal, shall promptly call upon
the client to rectify the same, and failing
which he shall terminate the relationship with
such client in accordance with the rules of
court.
Rule 19.03

A lawyer shall not allow his client to dictate

the procedure on handling the case.
Canon 20

A LAWYER SHALL CHARGE ONLY FAIR AND

REASONABLE FEES.
Rule 20.01
A lawyer shall be guided by the following factors in
determining his fees:
1. The time spent and the extent of the services
rendered or required;
2. The novelty and difficulty of the questions involved;
3. The importance of the subject matter;
4. The skill demanded;
5. The probability of losing other employment as a
result of acceptance of the proffered case;
6. The customary charges for similar services and the
schedule of fees of the IBP chapter to which he
belongs;
7. The amount involved in the controversy and the
benefits resulting to the client from the service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether
occasional or established; and
10. The professional standing of the lawyer.
Two Concepts of Attorney’s Fees
(a) Ordinary concept – an attorney’s fee is the
reasonable compensation paid to a lawyer for the
legal services he has rendered to his client. The basis
of this compensation is the fact of employment by the
client.

(b) Extraordinary concept – an attorney’s fee is an

indemnity for damages ordered by the court to be
paid by the losing party to the prevailing party in
litigation.
Quantum Meruit – as much as the lawyer deserves or
such amount as his services merit.

This applies if a lawyer is employed without a price

agreed upon for his services in which case he would
be entitled to receive what he merits for his services,
as much as he has earned (Quilban vs. Robinol, A.M.
No. 2144, April 10, 1989).
Guides for determining attorney’s fees on
the basis of quantum meruit:

1. Time spent and extent of the services rendered

or required;
2. Importance of subject matter;
3. Novelty and difficulty of questions involved;
and
4. Skill demanded of a lawyer.
Champertous Contract – one where the lawyer
stipulates with his client in the prosecution of the
case 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 thing or property
recovered as compensation. It is void for being
against public policy.
Contingent fee arrangement – is a contract between
a lawyer and a client in which the lawyer’s
professional fee, usually a fixed percentage of what
may be recovered in the action, is made to depend
upon the success of the litigation.
 CHAMPERTOUS CONTINGENT
CONTRACT CONTRACT

Payable in kind only Payable in cash

Lawyers undertake to pay Lawyers do not undertake

all expenses of litigation to pay all expenses of
litigation
Void Valid
2017 Bar Examinations
12. Define champerty. (3%)
Rule 20.02

A lawyer shall, in cases of referral, with the

consent of the client, be entitled to a division
of fees in proportion to work performed and
responsibility assumed.
Rule 20.03

A lawyer shall not, without the full knowledge

and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation
whatsoever related to his professional
employment from anyone other than the client.
Rule 20.04

A lawyer shall avoid controversies with clients

concerning his compensation and shall resort
to judicial action only to prevent imposition,
injustice or fraud.
Canon 21

A LAWYER SHALL PRESERVE THE

CONFIDENCE AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
Rule 21.01

A lawyer shall not reveal the confidences or

secrets of his client except:
1. When authorized by the client after acquainting
him of the consequences of the disclosure;
2. When required by law; and
3. When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
GENERAL RULE: The following persons are covered
by the attorney-client privilege:

1. Lawyer;
2. Client; and
3. Third persons who by reason of their work have acquired
information about the case being handled such as:
a. Attorney’s secretary, stenographer, and clerk
b. Interpreter, messengers and agents transmitting
communication; and
c. An accountant, scientist, physician, engineer who has
been hired for effective consultation (Agpalo, Legal
and Judicial Ethics, 2009 ed, pp. 276-277).
Exceptions:
1. When there is consent or waiver of client
a. Waiver cannot be made partially. A waiver in part is a
waiver in whole for a client may not remove the seal of
confidentiality for his advantage and insist that it be
privileged as to so much made to the disadvantage of his
adversary (Orient Insurance Co. vs. Revilla, 54 Phil 919,
September 17, 1930)
2. When the law requires disclosure;
3. When disclosure is made to protect the lawyer’s rights (i.e. to collect
his fees or defend himself, his employees or associates or by judicial
action); and
4. When such communications are made in contemplation of a crime or
the perpetuation of a fraud.
2006 Bar Exams
In the course of a drinking spree with Atty.
Holgado who has always been his counsel in
business deals, Simon Bragged about his recent
sexual adventures with socialites known for their
expensive tastes. When Atty. Holgado asked
Simon how he manages to finance his escapades,
the latter answered that he has been using the
bank deposits of rich clients of Banco Filipino
where he works as manager.
Is Simon’s revelation to Atty. Holgado covered
by the attorney-client privilege?
Rule 21.02

A lawyer shall not, to the disadvantage of 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 person,
unless the client with full knowledge of the
circumstances consents thereto.
Rule 21.03

A lawyer 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
any similar purpose.
Rule 21.04

A lawyer may disclose the affairs of a client

of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05

A lawyer 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.
Rule 21.06

A lawyer shall avoid indiscreet conversation

about a client’s affairs even with members of
his family.
Rule 21.07

A lawyer shall not reveal that he has been

consulted about a particular case except to
avoid possible conflict of interest.
Canon 22

A LAWYER SHALL WITHDRAW HIS SERVICES

ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.
Rule 22.01
A lawyer may withdraw his services in any of the
following cases:
1. When the client pursues an illegal or immoral course
of conduct in connection with the matter he is
handling;
2. When the client insists that the lawyer pursue conduct
violative of these 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
lawyer renders it difficult for him to carry out the
employment effectively;
5. When the client deliberately fails to pay the fees
for the services or fails to comply with the retainer
agreement;
6. When the lawyer is elected or appointed to public
office; and
7. Other similar cases.
2017 Bar Examinations
IX.
Atty. Miriam rents her office space in a building owned by Winston.
Eventually, Atty. Miriam became Winston's regular legal counsel.
Because of their good relationship, Atty. Miriam did not hesitate to
borrow money from Winston. Atty. Miriam issued postdated checks
covering the interest of her loans. Unfortunately, Atty. Miriam failed
to pay her obligations to Winston. Her postdated checks with
Winston also bounced. Hence, he filed a criminal case for violation
of the Bouncing Checks Law against her.
In her counter-affidavit, Atty. Miriam averred that Winston was "a
businessman who is engaged in the real estate business, trading and
buy and sell of deficiency taxed imported cars, shark loans and
other shady deals and has many cases pending in court."
Hurt by the allegations, Winston filed a disbarment complaint
against Atty. Miriam arguing that her allegations in the counter-
affidavit constituted a breach of their confidential lawyer-client
relationship.

Discuss whether or not the disclosures in Atty. Miriam's counter-

affidavit constitute a breach of fidelity towards her client. (4%)
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.
-END-