Ethics Pasada

Qualifications for admission to the Bar

1. He must be a Filipino citizen

2. He must be at least 21 years of age

3. He must be of good moral character

4. A resident of the Philippines

He must also show that

1. There are no charges involving moral turpitude filed or pending against him

2. He must have the educational qualification: (1) a bachelors degree in arts and sciences; (2) finished
the 4-year law course and must have completed therein the subjects of political law, labor law and social
legislation, civil law and taxation, criminal law and mercantile law, remedial law, public international law,
medical jurisprudence and legal ethics.

3. He must have passed the bar examination

4. He must have taken the oath before the Supreme Court; signed in the Roll of Attorneys

5. Such other qualifications and requirements as the Supreme Court may prescribed.

Lawyer's Oath

I, do solemnly swear the I will maintain allegiance to the Republic of the Philippines; I will support its
Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I
will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or
sue any groundless, false, or unlawful suit, nor give aid nor consent to the same. I will delay no man for
money or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself these
voluntary obligations without any mental reservation or purpose of evasion. So help me God.

Four Fold Duties of the Lawyer

Duty to the Society - the lawyer has the duty to be the exemplar of righteousness, ready to render legal
assistance, foster social reforms, guardian of due process

Duty to the Legal Profession - Lawyer must, in dealing with fellow lawyers and to the legal profession, act
with candor, fairness, courtesy and truthfulness, and avoid on the business of other lawyers, and uphold
the honor and integrity of the legal profession.

Duty to the Courts - As an officer of the court, he must respect or defend against criticisms, uphold
authority and dignity, obey orders and processes, and assist in the administration of justice.

Duty to his Client - to be devoted in the client's interest within the legal and ethical bounds

Canon 1.

A lawyer shall not engage in any unlawful, dishonest, immoral or deceitful condcut

A lawyer shall not aid or bet illegal activities

A lawyer shall not, for any corrupt motives or interest, encourage suits, proceedings or delay any man's
cause

A lawyer shall encourge clients to avoid, end or settle controversies if it will admit a fair settlement.

A lawyer may be disbarred even if the act is committed in respect of his private life if it is shown that he
is wanting in moral character, honesty, probity and good demeanor or whether it renders him unworthy
to continue as an officer of the court

A lawyer cannot settle the case of his client without special authority therefor. A lawyer may only bind
his client with respect to procedural matters.

Canon 2.

A lawyer shall not reject the cause of the defenseless

A lawyer shall not refuse to render legal advice

A lawyer shall not solicit legal business

A lawyer shall not charge rates which are lower than those prescribed to attract legal business.

Ambulance chasing is the act of a lawyer soliciting legal business. In its conventionall definition, it is the
act of the lawyer to solicit legal business from victims of accidents and offer them his or hel legal
assistance in filing suits against the person who caused the accident. In the modern view, the term has
include all kinds of barratry and suits.

Barratry is the act of the lawyer of inciting and stirring up quarrels and suits and offering his legal
assistance to either of them. Ambulance chasing and barratry is prohibited because it is a solicitation of
legal business which is not allowed under the Code of Professional Responsibility

Lawyers in the government service are prohibited from engaging in the private practive of their
profession unless authorized by the Constitution or by the law, provided that it does not conflict or tend
to conflict with their official functions.

Attorney client relationship exist when the lawyer acquiesces or voluntary permits the consultation of a
person, who in respect to a business or trouble of any kind, consults the lawyer in view of obtaining
professional advice or assistance.

Retainer is the act of a client by which he engages the services of the laywer a render legal assistance or
to prosecute or defend his cause in court.

General Retainer - a retainer in which the person secures before hand the services of the lawyer for any
legal issue that may arise in the future.

Special retainer is when the services of a lawyer is engaged for a particular case

Champertous Contract is where the lawyer litigates a case on his own account, bearing all the expenses
of the litigation, and the client agrees to pay a portion of the proceeds of a judgment as lawyer's fees.

Contigent Fee Contract is a contract in which the lawyer shall be paid by the client depending on the
success of his or her efforts.

Charging lien - an equitable right of the lawyer to have the fees and costs due to him in particular case
secured by the judgment or recovery in the suit.

Retaining lien- an equitablel right of the lawyer to hold or retain the documents, properties, and other
documents obtained by virtue of his professional service until the general balance of his professional fee
is paid.

Valid Grounds for the withdrawal of the services of a lawyer

When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively
when his inability to work with a co-counsel will promote the best interest of the client

when the client insists the lawyer conducts which are violative of the Canons and rules

when the client pursues illegal or immoral course of conduct in connection with the matters which he is
handling

when the client deliberately fails to pay the fees for his services or fails to comply with the retainer
agreement

when the lawyer is elected or appointed to public offer

other similar cases

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Disqualification of Judges

Judges shall disqualify themselves from participating in any proceeding in which they are unable to
decide the matter impartially, or in which they appear to a reasonable observer that they are unable to
decide the matter impartially. Such proceeding include, but are not limited to the following

1. When the judge has actual bias or prejudice concerning a party or personal knowledge of the disputed
evidentiary facts concerning the matter in the proceeding.

2. When the judge served as a lawyer or a material witness in the matter in controversy

3. When the judge, or a member of his family, has an economic interest in the outcome of the
controversy

4. when the judge was a former executor, administrator, guardian or lawyer in the case or a former
associate of the judge served as a counsel during the association or when the judge or lawyer was a
material witness in the case

5. the judge's ruling is the subject of review

6. the judge is related to a party within 6th degree of consanguinity or to a lawyer within 4th degree of
consanguinity

7. the judge knows that his or her spouse or child has financial interest as an heir, legatee, creditor,
fiduciary or otherwise, in the subject matter in controvery, or in a party to the case, or any other interest
that could be substantially affected by the outcome of the ccase.

Instead of withdrawing from the case, the judge may disclose the reason for mandatory disqualification,
and the parties and their lawyers may all agree in writing, without the participation in the agreement,
that the reason for inhibition is immaterial or unsubstantial in the adjudication of the case. The
agreement must be in writing, signed by the parties and lawyers, and made part of the record of the
case.

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Contempt

Direct Contempt

A person shall be punished by direct contempt when he is found guilty of misbehavior in the presence of
or so near a court as to obstruct or interrupt the proceeding before the same, including disrespect
toward the court, offensive personality toward others, refusal to be sworn or to answer as a witness or
refusal to subscribe an affidavit when lawfully required to do so.

Direct contempt is punished by a fine not exceeding two thousand pesos or imprisonment not exceeding
10 days, or both, if it be the Regional Trial Court, or a court of equivalent or higher rank, or a fine of not
exceeding 200 pesos, or imprisonment not exceeding one day or both, if it be a lower court.

Indirect contempt

A person guilty of any of the following acts shall be punsihed for indirect contempt

1. disobedience of or resistance to a lawful writ, process, order or judgment of court, including the act of
a person, after being dispossessed or ejected from a real property, enters or attempts or induces another
to enter, for the purpose of executing acts of ownership or possession, or in any manner interferes with
the possession of the person adjudged to be entitle thereto

2. rescue or attempt to rescue a person or property in the custody of an officer by virtue of an order of a
court held by him

3. any abuse or unlawful interference in the processes or proceedings of the court not constituting direct
contempt

4. misbehavior of an officer of the court in the performance of his or her official duties or in official
transactions

5. assuming to be a lawyer or officer of the court and acting as such without authority

6. failure to obey a subpoena duly served

7. any improper conduct which directly or indirectly tends to impede, obstruct or degrade the
administration of justice.