need not to be committed in relation to his professional
Code of Professional Responsibility duties; the lawyer may be sanctioned for acts committed in
Legal Ethics – That branch of moral science which
treats of the duties that an attorney owes to the
court, to his clients, to his colleagues in the profession
and to the public. (Justice Malcolm)
June 21, 1988 - Date of promulgation and adoption
of CPR.
SOURCES OF CPR:
1. Canons of Professional Ethics (CPE) was first
adopted prior to CPR but still it continues to be
the SOURCE OF KNOWLEDGE and understanding
of legal ethics.
2. Supreme Court decisions on the discipline of
lawyers form the basis of legal ethics.
FOUR DUTIES OF A LAWYER:
1. The lawyer and the client.
2. The lawyer and the courts.
3. The lawyer and legal profession.
4. The lawyer and society.
CANON 1 - A LAWYER SHALL:
- UPHOLD THE CONSTITUTION,
- OBEY THE LAWS OF THE LAND AND
- PROMOTE RESPECT FOR LAW AND FOR
LEGAL PROCESSES.
All lawyers are sworn constitutionalists. As
protectors of the Constitution, lawyers are expected
to be life- long students of the Constitution. They are
expected to know, understand and uphold the
Constitution.
The Lawyer’s Oath – is a source of obligations and its
violation is a ground for suspension, disbarment. And
other disciplinary proceedings.
RULE OF THE LAW – sometimes called the
“supremacy of the law”, provides that decisions
should be made by the application of known legal
principles or laws without the intervention of
discretion in their application (Black’s Law Dictionary).
The phrase to promote respect for law and for legal
processes means it is the duty of a lawyer to uphold
the “Rule of Law”.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Duty to Act with Honesty, Morality and Lawful
Conduct - Any of the three would be sufficient ground
to file disciplinary proceedings against a lawyer. The
dishonesty, gross immorality and violation of a law
his private affairs.
Moral Turpitude defined:
- “as everything which is done contrary to justice,
modesty or good morals.”
Exception:
 Conviction for illegal recruitment and attempt to
evade the payment of taxes due to the
government while wrong and unlawful, does not
involve moral turpitude.
Grossly Immoral conduct defined:
- “it is so corrupt as to constitute criminal act or so
unprincipled as to be reprehensible to a high degree
or committed under such scandalous or revolting
circumstances as to shock the common sense of
decency.”
Ex. of grossly immoral conduct:
Forging a special power of attorney to effect a false real
estate mortgage and collecting the loan proceedings
from the mortgage.
PRIVATE AND PROFESSIONAL LIFE:
There is no distinction as to whether the transgression
is committed in the lawyer’s professional capacity or in his
private life or in his private transactions. This is because a
lawyer may not divide his personality as to be an attorney
at one time and a mere citizen at another, and his private
life may reflect unfavorably upon the good name and
prestige of the profession and the courts.
Unlawful Conduct defined:
-An unlawful conduct is an act or omission
which is against the law. It is a transgression of
any provision of law, which need not be penal.
- Includes violation of the statutory prohibition on a
gov’t employee to engage in private practice of his
profession unless authorized by law.
GENERAL RULE ON LAWYER’S FINANCIAL DEBT:
- A lawyer may not be suspended or disbarred, and the
court may not ordinarily assume jurisdiction to
discipline him, for misconduct in his non-professional
or private capacity.
ISSUANCE OF WORTHLESS CHECKS to settle financial
obligations is gross misconduct in view of its
DELETERIOUS EFFECTS TO THE PUBLIC INTERESTS AND
PUBLIC ORDER.
Gross misconduct defined:
- Is any inexcusable, shameful or flagrant unlawful
conduct on the part of the person concerned in the
 administration of justice which is prejudicial to
the rights of the parties or to right determination
of the cause.
- It is generally motivated by premeditated,
obstinate or intentional purpose, but doesn’t
necessarily imply corruption or criminal intent.
AQUITTAL IN CRIMINAL CASE NOT A BAR IN
DISBARMENT PROCEEDINGS because:
a. The standards of legal profession are not
satisfied by conduct which merely enables one
to escapes the penalties of criminal law.
b. The court in disbarment proceedings is acting
in an entirely different capacity from that
which courts assume in trying criminal case.
c. Administrative cases of lawyers belong to class
of their own. They are distinct from and may
proceed independently of civil and criminal
cases.
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
Ex. of activities aimed at the defiance of the law:
Repeatedly disobeying orders of the Security
and Exchange Commission hearing panel to
appeal in its hearings and repeatedly failing
to substantiate his excuse for non-
appearance.
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man's cause.
Two duties:
1. Duty against barratry - Encouraging suits or
legal actions must always be with noble
intent to pursue or protect a right.
2. Duty not to delay any man’s cause - Must
not hinder a person in his pursuit of
protection or right.
Barratry – the offense of frequently exciting or
stirring up quarrels and suits, either at law or
otherwise.
- The person who engaged in barratry is a
barretor or barrator.
Maintenance – is the intermeddling of an
uninterested party to encourage lawsuit.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of a
fair settlement.
Duty to promote fair and amicable settlement:
Compromise and settlement of cases is encouraged: The
law does not limit compromise to cases about to be filed, it
can be effected even after final judgment as authorized by
the Civil Code,
NATURE OF COMPROMISE AGREEMENT:
1. A party must give up some of his rights that he has, in
consideration of the same act on the part of the other
side.
2. Lawyers need written special authority to compromise
their client’s litigation or receive anything in the
discharge of a client’s claim or full amount in cash.
3. A compromise agreement signed by a lawyer in behalf
of a party to the agreement without authorization of
the latter is not void but unenforceable.
4. An agreement between a lawyer and his client that
forbids the client from entering a settlement without
the lawyer’s consent is against public policy and not
permitted.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE :
A. IN AN EFFICIENT AND CONVENIENT MANNER
B. COMPATIBLE WITH THE
- INDEPENDENCE,
- INTEGRITY AND
- EFFECTIVENESS OF THE PROFESSION.
Duty to be an efficient lawyer :
The efficiency demanded of a lawyer must not be
realized at the expense of the independence, integrity and
effectiveness of the profession.
To be efficient does not mean the abandonment of
one’s integrity in order to achieve a given cause at all cost.
Duty to be proficient in English Language
(REMEMBER: Our EOP )
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
oppressed.
Duty to the Defenseless and the Oppressed
General Rule: Lawyer is duty bound to serve these
marginalized citizens. The rule mandates all lawyers to
accept as clients those who may have found
themselves in the fringes of society
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent
necessary to safeguard the latter's rights.
Duty to give Legal Advice on the Rights if the
Defenseless and the Oppressed
This rule in the only exception to the general
rule that consultation creates a lawyer-client
relationship Even if no lawyer-client relationship
is created, a lawyer is still duty bound to give legal
advice to the defenseless and the oppressed in
protection of the latter’s rights
Rule 2.03 - A lawyer shall not do or permit to be
done any act designed primarily to solicit legal
business.
Duty to Shun Vulgar Solicitation
- It is highly unethical for a lawyer to advertise
his talents or skill as a merchant advertises
his wares.
Practice of Law vs. Business
1. A duty of public service
2. A relation as an “officer of the court” to the
administration of justice involving thorough
sincerity, integrity and reliability
3. A relation to clients in the highest degree of
fiduciary
4. A relation to colleagues at the bar characterized
by candor, fairness, and unwillingness to resort
to current business methods of advertising and
encroachment on their practice, or dealing
directly with their clients.
Dignified Solicitation Allowed
If it is made in a modest and decorous manner, it
would bring no injury to the lawyer and to the bar.
Thus, the following are allowed:
1. Use of simple signs stating the name or names of
the lawyers, the office and residence address and
fields of practice
2. Advertisement in legal periodicals bearing the
same brief facts
3. Publication in reputable law lists of brief
biographical and informative data
Good Reputation as the Best Advertisement
Canon 27 of the Canons of Professional Ethics
The most worthy and effective advertisement
possible, even for a young lawyer, and especially with
his brother lawyers, is the establishment of a well-
merited reputation for professional capacity and
fidelity to trust.
Must be the outcome of character and conduct
Permitted Advertising
1. May include only statement of the: Lawyer’s
name; The names of his professional associates;
short biography; contact addresses/numbers.
2. The law list must be a reputable law list
published primarily for that purpose
- It cannot be a mere supplemental feature of a
paper, magazine, trade journal or periodical which
is published principally for other purpose
3. Ordinary simple professional card is permitted: may
contain a statement of his name, his law firm name,
address, and special branch of law practice.
4. Simple announcement of the opening of a law firm or
of changes in the partnership, associates, firm name or
office address
5. His name listed in a telephone directory but not under
a designation of a special branch of law.
Not allowed advertising
1. A lawyer may not properly publish his brief
biographical and informative data in a daily paper,
magazine, trade journal or society program
2. A lawyer may not publish his name in a law list in
which the conduct, management or contents are
calculated or likely to deceive or injure the public
or the bar, or to lower dignity or standing of the
profession.
Ambulance chasing, defined.
- One seeking out persons in negligence cases and
directing them to an attorney in consideration of a
percentage of the recovery.
Prohibiting professional advocacy to promote his law
practice or to solicit clients
Canon 26 of the Canons of Professional Ethics
- Lawyer openly may render professional services
before legislative or other bodies regarding
proposed legislation and in advocacy of claims
before departments of government
- It is unprofessional for a lawyer so engaged, to
conceal his attorneyship, or to employ secret
personal solicitation, or to use means other than
those addressed to reason and understanding, to
influence action.
Rule 2.04 - A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances
so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY:
- TRUE,
- HONEST,
- FAIR,
- DIGNIFIED AND
- OBJECTIVE INFORMATION OR STATEMENT OF
FACTS.
The Duty of honest and dignified pronouncement of legal
services:
The embellishment and exaggeration of
credentials is not only frowned upon. It is sanctionable
because there is a certain degree of dignity that must
be maintained.
Rule 3.01 - A lawyer shall not use or permit the use
of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
Duty Not to use Fraudulent or misleading
pronouncement of qualifications:
All communications regarding the lawyer must
contain information that is necessary for the client to
be informed about the professional competence of a
lawyer. This info. would include:
1. Office information – law firm name, and
contact numbers.
2. Relevant biographical information
3. Description of the practice but only
designations and definitions authorized by
the agency.
4. Permitted fee information.
Some self- laudation must be limited and others
prohibited:
 Information on scholastic honors, or election in
public office may be disseminated.
 the lawyer may not announce the successful
results he has obtained on behalf of his clients
or the lawyer’s record in obtaining favorable
judgments for the reason that past performance
of the lawyer is not an indication of future
performance, and because no lawyer can guarantee
the results of any legal action.
 Testimonials from previous clients are not
allowed.
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The
continued use of the name of a deceased
partner is permissible provided that the firm
indicates in all its communications that said
partner is deceased.
Duty of Honesty in the Firm name and selection
of the Firm Name:
1. Generally, the law firm name is derived from
the surnames of the founding members of the
law firm.
2. Usually, firm names “identify the more active
and/or more senior members or partners in
the law firm.”
3. Art. 1825 of the Civil Code prohibits third
person from including his name in the firm
name under pain of assuming the liability of a
partner.
4. A lawyer is not authorized to use a name other than
the name inscribed in the Roll of Attorneys in his
practice of law.
5. Lawyers cannot practice under a foreign law firm
name bec. the foreign law firm is not authorized to
practice law in the Philippines and to avoid
confusion on part of future clients.
Use of a deceased partner’s name:
- It is permissible provided that “the firm indicates in
all its communications that said partner is
deceased.”
Reason why it is permitted: An able lawyer without
connections will have to make name for himself
starting from scratch. Another able lawyer who can join
an old firm, can initially ride on the old firm’s
reputation established by the deceased partner.
Continued use of Retired partner’s name:
A retired partner can be in a “of counsel” status
and retain his name in the firm name esp. if the firm
name has been long- established and well-recognized
and communications about the lawyer’s status clearly
indicate that he is retired.
Use or Assumed Trade Name is not allowed:
A partnership for the practice of law is not a legal
entity. It is a mere relationship or association for a
particular purpose. It is not a partnership formed for the
purpose of carrying on a trade or business or of holding
property.”
Application of the word “associates” in the firm name:
Associates describe those who are employees of the
firm. It can be misleading in two situations: 1. Where two
lawyers are partners and they share both responsibility and
liability; and 2. Where two lawyers practice separately
sharing no responsibility and liability.
Firm Name for Solo Practitioners:
A solo practitioner may not use a firm name which is
misleading such as: use of associates or affiliates, or
designate himself as senior atty. Where he is the only atty.
in the law firm.
BUT he may use the term “Law Firm”, which may
consists of many lawyers or only a single practitioner.
Rule 3.03 - Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be dropped
from the firm name unless the law allows him to practice
law currently.
Public officials that are prohibited to engage in the
practice of law:
1. Judges and other officials or employees of the
superior court;
2. Officials and employees of the Solicitor general.
3. Gov’t prosecutors;
 4. President, Vide- President, Members of the
Cabinet, their deputies and assistants;
5. Members of the Constitutional Commissions
6. Ombudsman and his deputies;
7. All governors, city and municipal mayors;
8. Prohibited by special law.
Exceptions:
 Under Sec. 7 of RA 6713/Code of Conduct of Ethical
Standards for Public officials and Employees, a
public officer is prohibited to engage in the private
practice of their profession unless authorized by the
Constitution or law provided that such practice will
not conflict or tend to conflict with their official
functions.
 Member of congress who are lawyers may
practice law provided they may not “personally
appear” as a counsel before any court of
justice, or before electoral tribunals, or quasi-
judicial and other administrative bodies. Hence,
they may retain their names in the law firm
names. The same also applies to Members of
the Sangguniang who are lawyers.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for,
publicity to attract legal business.
 Payment to media for publicity is a callous
contempt to commercialize the legal
profession bec. it attracts legal business for
legal profession is a public service profession.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
Duty to Support the Improvement of the Legal
System
Lawyers should participate in proposing and
supporting legislation and program to improve
the legal system, without regard to the general
interests or desires of clients or former clients. He
should encourage the simplification old laws and
the repeal or amendment of laws that are
outmoded.
Duty of Lawyers to assist the judicial and Bar
Council (JBC)
A lawyer may with propriety endorse a
candidate for a judicial office and seek like
endorsement from other lawyers.
- But a lawyer who endorses a judicial candidate or seeks
that endorsement from other lawyers should be
actuated by a sincere belief in the superior qualifications
of the candidate for judicial service and not by personal
or selfish motive.
CANON 5 - A LAWYER SHALL
a. KEEP ABREAST OF LEGAL DEVELOPMENTS,
b. PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS,
c. SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
AND
d. ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
Duty to Keep Abreast of Legal Developments
A lawyer must not only be guided by the strict
standards imposed by the lawyer’s oath, but should
likewise espouse legally sound arguments for clients.
Genesis of the MCLE
August 22, 2000, the Supreme Court adopted Bar
Matter No. 805.
On December 01, 2001, the Supreme Court
approved the MCLE implementing regulations which
paved the way for the full implementation.
Bar Matter 850: Mandatory Continuing Legal
Education
Purpose: To ensure that throughout their career, they
keep abreast with law and jurisprudence, maintain the
ethics of the profession and enhance the standards of
law practice.
Requirements of Completion of MCLE
Members of the IBP, unless exempted under Rule 7,
shall complete every 3 years at least 36 hours of
continuing education activities.
Parties Exempted from the MCLE: those who hold
public positions such as senators, ombudsman, and
even Incumbent deans, bar reviewers and professors of
law who have teaching experience for at least ten (10)
years in accredited law schools
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS
IN GOVERNMENT SERVICES IN THE DISCHARGE OF
THEIR TASKS.
Duties Apply to Lawyers in government Service
General Rule: a lawyer who holds a
government
office may not be disciplined as a member of the
Bar for misconduct in the discharge of his duties
as a government official.
Exception: If his governmental infraction also
constitutes a violation of his oath as a member of the
bar.
Higher standard of integrity is required from
government lawyers than private practitioners
This is expected because delinquency of a
government lawyer erodes the people’s trust and
confidence in the government
When a public officer is sanctionable as a public
officer and when as a lawyer
1. Violations of RA 6713 ("Code of Conduct and
Ethical Standards for Public Officials and Employees.")
are not subject to disciplinary action under the Code
of Professional Responsibility unless the violations
also constitutes infractions of specific provisions of
the Code of Professional Responsibility
2. A disbarment case may be filed following a
finding of guilt in an administrative investigation by
the proper government authority.
3. A disbarment case may be filed against a Register
of Deeds who was dismissed by the President of the
Philippines for the illegal issuance of TCTs.
Rule 6.01 - The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing
the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
Duty of a Public Prosecutor to see that Justice is
Done
The public prosecutor does not side with either
party but instead should be guided by what evidence
is presented by the contending parties.
He should not institute criminal charges when he
knows that the charges are not supported by
probable cause.
He should also make known any evidence that
tends to negate the guilt of the accused, mitigate the
degree of the offense, or reduce the punishment.
Rule 6.02 - A lawyer in the government service
shall not use his public position to promote or
advance his private interests, nor allow the
latter to interfere with his public duties.
Duty to separate Public Duties from Private Interests
- A public office is a public trust.
- The prohibitions are those which may be found
under the Anti-Graft and Corrupt Practices Act
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in which
he had intervened while in said service.
Duty to Avoid Conflict of Interest After Leaving the
government service
The word “intervene” is limited to mean only an
act of a person who has the power to influence the
subject proceedings and which act should not be
insubstantial and insignificant.
Section 7(b) of RA 6713 prohibits certain
transactions and interests during the incumbency of
the public official and for a period of one year after his
resignation, retirement or separation from the public
office.
Relation to Canon 36 of the Canons of Professional
Ethics
A lawyer should not accept employment as an
advocate in any matter upon the merits which he has
previously acted in a judicial capacity.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Duty to uphold the integrity and dignity of the Legal
Profession; Duty to support the Integrated Bar of the
Philippines (IBP)
The lawyer must be ever conscious that his conduct,
behavior, bearing, language and reputation are projection
not only of all the lawyers in the country bur a projection of
the legal profession as well.
Example of Violation of Canon 7
1. Enticing private individuals to invest their money in an
investment scheme which was an activity not authorized by
the company’s by-laws
Relation to Canon 29 of the Canons of Professional Ethics
Lawyer should expose without fear or favor before the
proper tribunal corrupt or dishonest conduct in the
profession and should accept without hesitation
employment against a member of bar who has wronged his
clients.
Brief History of the Integrated Bar of the Philippines (IBP)
1. Supreme Court created Commission on Bar Integration
on October 5, 1970 which was tasked to serve as a
common vehicle of the court and the bar in fashioning a
blueprint for integration and putting same into actual
operation.
2. Republic Act 6397, which become effective
September 17, 1971, confirmed the power of the
Supreme Court to adopt rules of court to effect
the integration of the Philippine Bar.
3. January 9, 1973 the Supreme Court by a per curiam
resolution, pursuant to its constitutional mandate
ordained the integration of the Bar in accordance
with its Rules 139-A, effective January 16, 1973.
4. Within the next succeeding months, the IBP was
organized. On February 17, 1973, local chapters all
over the country finally formed and elections for
chapter officers were held.
Integrated Bar, defined
Is a state-organized bar, to which every
lawyer must belong, as distinguished from bar
associations organized by individual lawyers
themselves, membership in which is voluntary.
Purpose of the IBP
1. Assist in the administration of justice;
2. Foster and maintain, on the part of its
members, high ideals of integrity, learning,
professional competence, public service and
conduct;
3. Safeguard the professional interests of its
members;
4. Cultivate among its members a spirit of
cordiality and brotherhood;
5. Provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice
and procedure, and the relations of the Bar to
the Bench and to the public, and publish
information relating thereto;
6. Encourage and foster legal education;
7. Promote a continuing program of legal
research in substantive and adjective law, and
make reports and recommendations thereon.
8. Enable the Bar to discharge its public
responsibility effectively.
General Objectives of the IBP
1. To elevate the standards of the legal profession,
2. To improve the administration of justice; and
3. To enable the Bar to discharge its public
responsibilities more effectively.
Effect of Non-Payment of IBP dues: warrant
suspension of membership in the Integrated
Bar, and a ground for the removal of the name
of the delinquent member from the Roll of
Attorneys.
Non-political nature of the IBP:
No lawyer holding an elective, judicial,
quasi-judicial, or prosecutory office in the
Government or any political subdivision or
instrumentality thereof shall be eligible for
election of appointment to any position in the
Integrated Bar or any Chapter thereof shall be
considered ipso facto resigned from his position as of
the moment he files his certificate of candidacy for
any elective public office or accepts appointment to
any judicial, quasi-judicial, or prosecutory office in the
Government or any political subdivision or
instrumentality thereof.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
Requirements for all applicants for admission to the bar:
Every applicant for admission as a member of the bar
- must be a citizen of the Philippines,
- at least twenty-one years of age,
- of good moral character, and
- resident of the Philippines; and
- must produce before the Supreme Court
satisfactory evidence of good moral
character, and that
- no charges against him, involving moral
turpitude, have been filed or are pending in any
court in the Philippines.
Additional requirements for other applicants:
- studied law for four years, and
- successfully completed all prescribed courses, in a law
school or university,
- The affidavit of the candidate, accompanied by a
certificate from the university or school of law
- before he began the study of law, he had pursued pre-
law and satisfactorily completed in an authorized and
recognized university or college,
- the completion of a four-year high school course,
Rule 7.02 - A lawyer shall not support the application for
admission to the bar of any person known by him to be
unqualified in respect to character, education, or other
relevant attribute.
Duty to Support only those Qualified to be admitted to
the Bar
Just as the lawyer himself must be qualified with
respect to his character, education and the other
requirements, the lawyer must expect every other
applicant to be equally qualified.
Rule 7.03 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall
he whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
Duty to be Professional and Dignified
Directs all lawyers must behave in a professional
and dignified manner before the general public.

_______________________________________
Canon 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES,
AND SHALL AVOID HARASSING TACTICS
AGAINST OPPOSING COUNSEL.
Duty of Professional Courtesy:
Lawyers are duty bound to uphold the
dignity of the legal profession. A lawyer must
give respect to a fellow lawyer at the same way
that he expects to be respected by others.
Advising a client to file disbarment case
against opposing client is not unethical where
the lawyer was compelled in good faith to do so,
and it was done with no improper motive,
lawyer cannot be found guilty of “instigating”
disbarment proceedings against a brother
attorney.
Rule 8.01 A lawyer shall not, in his professional
dealings, use language which is abusive,
offensive or otherwise improper.
Duty to be Professional in Language
This rule covers not only disrespectful
language towards a fellow lawyer, but also
covers such language towards a party litigant. If
the language is towards the courts, Canon 11,
Rule 11.03 will apply.
General Rule of Statements in judicial proceedings:
Statements made in the course of judicial
proceedings are absolutely privileged
 Offensive remarks in pleadings are not “privilege
communication.” This is the exception to the above-
stated general rule. This constitutes unprofessional
conduct that may subject the lawyer to disciplinary
actions, even if the publication is privileged.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of
another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice
and assistance to those seeking relief against
unfaithful or neglectful counsel.
Duty to Refrain from Professional Encroachment:
Professional courtesy extends to the respect for the
lawyer-client relationship existing between another
lawyer and his clients.
 Should the client manifest his dissatisfaction with his
present lawyer, the new lawyer must give only an
objective assessment of the client’s options and must not
denigrate the other lawyer’s professional standing in order
to obtain for himself the client’s account.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Duty to a lawyer to shun unauthorized practice of
Law is founded on public interest and policy.
Purpose: to protect the public, the court, the client,
and the bar from incompetence or dishonesty of
those unlicensed to practice law and not subject to
the disciplinary control of the Court.
Effects of unauthorized practice of law: can bring
detriment, danger, and damage to private individuals
who should be receiving competent and learned legal
assistance from lawyers.
Practice of Law – refers to any activity, in or out of
the court which requires the application of law, legal
procedure, knowledge, training and experience.
- Practice of law is not a natural or constitutional
right but a special privilege, highly personal and
partakes the nature of public trust.
- One who has passed the bar examinations but has
not yet taken his oath and signed the roll of
attorneys is not yet authorized to practice law.
- Practice of law without authority may be punished
for indirect contempt.
SHYSTER – In legal ethics, it is a non- lawyer
pretending to be a lawyer.
Specialized practice of Law: a lawyer may prefer a
particular field of law as his interest as he has
developed mastery and expertise in that particular
field.
A lawyer shall not permit his professional service or
his name to be used in aid or collaborate on cases
with a person, agency personal or corporate which
are not authorized to practice law.
Rule 9.01 - A lawyer shall not delegate to any unqualified
person the performance of any task which by law may
only be performed by a member of the bar in good
standing.
Lawyering is a profession:
A lawyer shall not delegate or assign to an
unqualified person a lawyer’s delicate job because not all
persons are capable of doing a lawyer’s job in every field of
law. As a profession, lawyers can demand payment for
their services which have certain standard of quality.
The Lawyer and the Law Student:
A law student can help the lawyer in the fields
of lawyer’s work such as examination of a case law and
court records, interviewing witnesses, making collection
of claims, delivering papers and other similar matters.
BUT the student is not permitted to perform the
professional functions of a lawyer, such as conducting
court trials, giving prof. advice to clients or drawing legal
documents from them.
A Law Student Practice Rule (Rule 138- A):
1. Conditions for student practice:
 He is on his 4th year in law school.
 Enrolled in a recognized law school’s legal
education approved by the SC.
2. Appearance: He shall be under the direct
supervision and control of a member of the IBP
in all his appearance in court.
Exception: law student appears before an inferior
court as an agent or a friend of a party where
issues and procedure are relatively simple even
without supervision of a lawyer.
3. Privileged communications shall also apply to the
student.
4. Law student shall comply with the standards of
professional conduct governing members of the
Bar.
Reasons for the need of a supervising lawyer for a
practicing law student:
1. To ensure no miscarriage of justice.
2. Law school clinic may be able to protect
itself from any potential vicarious liability
arising from any culpable action of their law
students.
SELF- REPRESENTATION (SEC. 34 RULE 128):
The individual litigant may personally do
everything in the course of proceedings from
commencement to the termination of the
litigation.
Danger of self- representation: runs the risk of
failing in the legal nuisances because of his
ignorance of legal substance and procedures.
Self- representation cannot be availed in
criminal cases because the right to counsel
cannot be waived even though he is the most
intelligent man because he does not know how
to establish his innocence.
- A party must choose between self-
representation or being a member of the bar.
During the course of proceedings, a party should
not be allowed to shift from one form of
representation to another in order to avoid
confusion.
Private Practice- involves the exercise of a profession
or vocation usually for gain, mainly as attorney by
acting in a representative capacity and as counsel by
rendering legal advice to others.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
licensed to practice law, except:
(a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of
time to his estate or to persons specified in the
agreement; or
(b) Where a lawyer undertakes to complete
unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing
agreement.
Practical reasons for the rule/duty to maintain the
integrity of the lawyer’s fees:
1. Fees for legal services are the fruits earned from the
proper application of the study of law.
2. If fees were to be allowed to non- lawyers, it would
leave the public in hopeless confusion as to whom to
consult in case of necessity and also leave the bar in a
chaotic condition because non- lawyers are not amenable
to disciplinary measures.
Canon 34 of CPE:
- Prohibits an agreement for the payment to the widow
and heirs of a deceased lawyer of a percentage of fees
received from the future business of the deceased lawyer’s
clients.
- No division of fees for legal services is proper except
with another lawyer, based upon the division of service or
responsibility.
Canon 10 - A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT
Duty of Candor to the Courts:
While a lawyer owes fidelity to the cause of his
client, it should not be at the expense of truth and the
administration of justice

Duty to Obey Court Orders:
1. Lawyers should obey court orders and processes;
willful disregard of them can subject lawyers to
punishment for contempt and disciplinary
sanctions
2. A lawyer has the graver responsibility (than any
other profession) to uphold the integrity of the
courts and show respect to their processes
3. This duty exists no matter how minor the court
order may seem
4. Failure to do so is only partially justified by his
attention to his sick relatives
5. Failure to receive court orders is not an excuse
when there is negligence
6. On vague or erroneous court orders: Lawyer
should carry out the spirit and intent (and just
openly defy the court order)
Duty to file pleadings on time:
Late filings may be exculpated by
fortuitous events or force majeure, but absence
of these factors will hold the lawyer liable.
Relevant illustration of lawyer’s disrespect to
court orders:
Lawyer’s attempt to raise issues long since
laid to rest by final and executor
judgments.
Rule 10.01: A lawyer shall not do any
falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the Court
to be misled by any artifice.
Duty of Fidelity to the Courts
Falsehood without intent, causing no
material damage, is sanctionable.
Rule 10.02: A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has
not been proved.
Duty to Give Accurate Quotations and Citations:
The Golden Rule (on how to quote
court decisions): court decisions must be
reproduced, copied or quoted word-for-word
and punctuation-mark-for-punctuation mark.
Rationale of the rule: This is because accdg. to
Art 8, CC, jurisprudence forms part of the law of
the land, thus they must be exactly quoted,
otherwise they might lose their proper and
correct meaning, to the
detriment of other courts, lawyers, and the public who
may be misled.
Lawyer’s signature on pleadings: it constitutes as a
certificate by him that he has read the pleading and that to
the best of his knowledge, information and belief, there is
good ground to support it
Rule 10.03 A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.
Duty of Fidelity to the Rules of Procedures:
Note: Rules of Court have the force and effect of law; real
spirit and intent should be invoked (remember StatCon
lesson- Rules of Court are liberally construed)
Filing a Dilatory appeal: filing an appeal to delay the
enforcement of a final judgment. Splitting an appeal into
several actions is an abuse of processes of court
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
As an officer of the court, it is his duty to uphold the
dignity and authority of the court which he owes fidelity
accdg. to the oath he has taken. Respect for the courts
guarantees the stability of our democratic institutions
which, without respect, would be resting on a very shaky
foundation.
Canon 11 also speaks respect due to the judicial
officers. Thus, lawyers must also extend respect to the
clerk of the court.
Illustration of violation of the rule:
Stating in a radio interview that a judge was
ignorant of the law and he is studying mahjong rather
than studying law.
A. Forms of Disrespect to the Court:
1. Disregard from the court orders is disrespect to
the court; examples:
a. Failure to file a reply as ordered by the SC is
sanctionable.
b. Disobeying a TRO issued by the CA.
- Court orders however erroneous they may be,
must be respected especially by lawyers who are by
themselves officers of the courts because of the
respect and consideration that should be extended to
the judicial branch of the gov’t.
2. Harassment of judges is also disrespect to
the Court.
The filing of baseless and frivolous
administrative complaints against judges is a
clear harassment to exact vengeance for
rendering adverse judgments. A counsel can
also be held to account for assisting a client in
filing an utterly unmeritorious administrative
complaint against a judge because it is a form of
harassment and an attempt to unduly influence
the course of the appeal.
3. Unexplained failure to appear at scheduled
hearing is disrespect and an indirect contempt:
A lawyer without any explanation or
justification shows disrespect and degrading the
administration of justice. The lawyer must
apologize for his non- appearance in court. Even
if the petition become moot and academic, the
counsel must still appear at the hearing. It is
indirect contempt bec. of disobedience or
resistance to a lawful write, order, judgment or
command by the court.
B. Remedies in case of a biased and prejudiced
judge:
The bias and prejudice of a trial judge is
a valid reason for voluntary inhibition of the
judge under Rule 137, Sec. 1 (par2). Mere
suspicion that a
judge is partial is not enough, there must be clear
and convincing evidence to prove the charge.
C. Power of Contempt by the Court:
a. The power of contempt should be exercised on
the preservative to uphold respect due to it and
not on the vindictive principle.
b. Contempt Proceedings are distinct and separate
from disciplinary or disbarment cases.
c. Contempt in facie curiae (in the face of the
court) is determined by the trial judge and could
be summarily punished without hearing.
d. Disrespectful language in a pleading may also be
committed indirectly, by annuendo or
sarcastically.
e. The disrespect may be committed against the
court and the judiciary in general.
f. The disrespect may be committed in a perverted
reasoning or argument stated in pleading.
g. Want of intention is not an excuse for the
disrespectful language used. The counsel cannot
claim that his words did not mean what any
reader must have understood them as meaning.
h. The subsequent deletion of the paragraph
containing the disrespectful language, made
through an amendment, does not erase the fact
that is has been made. Thus, it cannot be a defense in
a charge of indirect contempt.
i. Lawyers facing direct contempt may not be allowed to
retire from practice of law bec. it would negate the
power to punish him for contempt.
Differences of Direct and Indirect Contempt:
Indirect or constructive contempt:
a. The contemnor may be punished only “after the
charge in writing has been filed, and an opportunity
has been given to the accused to be heard by himself
or counsel.”
b. It is appealable.
Direct contempt:
a. The respondent may be summarily adjudged in
contempt.
b. Only judgments of contempt by MTCs, MCTCs and
MeTCs are appealable.
 Using contemptuous language in pleadings directed
against a particular judge but presented in another court
or proceeding constitutes indirect contempt. But if said
pleading is submitted before the same judge, it would be
direct contempt.
Rules on Contempt under Rule 71 of the Rules of
Court:
A. Any person may be punished for Direct contempt
if the person is guilty of misbehavior in the presence
of or so near a court as to obstruct or interrupt in the
proceedings before the same, including:
- disrespect toward the court,
- offensive personalities toward others,
- or refusal to be sworn or to answer as a
witness,
- or to subscribe an affidavit or deposition
when lawfully required to do so.
PENALTY:
Contempt committed against:
RTC/CA/SC: Fine not exceeding 2,000 pesos or
imprisonment not exceeding 10 days or both.
Lower court: fine not exceeding or imprisonment not
exceeding 1 day or both.
B. Any person may be punished for Indirect
Contempt in any of the following acts (SEC. 3):
a. Misbehavior of an officer of a court in the
performance of his duties.
b. Disobedience or resistance to a lawful order.
c. Any abuse of or any unlawful interference with
the proceedings of a court.
d. Any improper conduct which tends directly or
indirectly to impede, obstruct, or degrade the
administration of justice.
 e. Assuming to be an attorney or an officer of
a court and acting as such without
authority.
f. Failure to obey a subpoena duly served.
g. The rescue or attempted rescue of a
person or property in custody of an officer
by virtue of an order of the court held by
him.
NOTE: Nothing in the section shall be construed
as to prevent the court from issuing process to
bring the respondent into court, or from holding
him in custody pending such proceedings.
How to commence proceedings:
1. May be initiated by the court against which
the contempt was committed by an order
or formal charge requiring the respondent
to show cause why he should not be
punished for contempt.
2. Commence by a verified petition with
supporting particulars and documents to
support the petition.
Where to File: where the charge for indirect
contempt has been committed against a:
a. RTC/court of equivalent/higher Court should be
charged/filed with such court.
b. If in lower court should be filed in RTC
Hearing: respondent may be released from custody
upon filing of the bond.
PENALTY:
Contempt committed against: RTC/CA/SC: fine not
exceeding 30,000 pesos or imprisonment not
exceeding 6 months or both.
Lower court: fine not exceeding 5,000 pesos or
imprisonment not exceeding 1 month or both.
Rule 11.01 - A lawyer shall appear in court properly
attired.
Proper attire for:
Male - Barong Tagalog or suit with tie.
Female – appropriate business attire.
But generally, the proper attire would be the
contemporary business suit.
- A lawyer not wearing proper attire in court may be
held in contempt of court and ordered to leave the
court and return properly attired.
Rule 11.02 - A lawyer shall punctually appear at
court hearings.
Punctuality is demanded by the respect which
a lawyer owes to the court, the opposing counsel and
to all the parties to the case. It is not an excuse that his
tardiness was caused by matters which could reasonably
be foreseen or anticipated such as traffic/breakdown of his
vehicle.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
Illustration of violation of the rule both written and oral
language:
Using the terms “abhorrent nullity”, “legal
Monstrosity”, “horrible error”
If the disagreement between the counsel and the judge
has degenerated into a personal clash, the use
of the contempt power may no longer be in the
preservative but already in the vindictive sense. If this
happens, the contempt citation would be improper or that
punishment should be revised.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Duty not to attribute unfounded ill-motives to a
judge:
It is the right of the lawyer also as a citizen to
criticize in properly respectful terms and through
legitimate channels the acts if courts and judges.
Illustration of violation of the rule:
An allegation by a counsel that the proceedings
before the trial court were “irregular” and that the so
called irregularities “show the accused control over
the court and court procedure”.
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.
Grievance Mechanism:
a. All grievances against judges must be presented
before the SC as the disciplining authority over all
judges.
b. It must be shown beyond doubt that the
judgment is unjust as it is contrary to law or is
not supported by evidence, and the same was
made with conscious and deliberate intent to do
an injustice.
Elements of inexcusable negligence in rendering an
unjust judgment:
Judge failed to observe in his performance
of his duty, that diligence, prudence, and care which
the law is entitled to exact in the rendering of public
service.

Jurisdiction of the Ombudsman over Judges:
The Ombudsman is duty- bound to
have all cases against judges and court
personnel filed before it referred to the SC for
determination of whether an administrative
aspect is involved in accordance with Art. VIII
Sec. 6 of Constitution. In the meantime that the
administrative matter is pending before the SC,
the Ombudsman must defer action on the
criminal complaint against the judge or court
personnel.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Duty to Assist in the Speedy and Efficient
Administration of Justice:
Lawyers should not forget that they are, first
and foremost, officers of the court, bound to exert
every effort to assist in the speedy and efficient
administration of justice. This duty is not only of the
lawyer but also of the judge
Rule 12.01 A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce
and the order of its preference. He should also be
ready with the original documents for comparison
with the copies.
Rule 12.02 A lawyer shall not file multiple actions
arising from the same cause.
Duty not to Engage in FORUM SHOPPING:
Forum Shopping is a malpractice of trifling
with the courts and abusing their processes (Forum
shopping is the litigants’ act of getting their legal case
heard in the court thought most likely to provide a
favorable judgment)
Elements of Forum Shopping:
1. Identity of parties or at least such parties as
representing the same interests in both actions
2. Identity of the rights asserted and the reliefs
prayed for, the relief being founded on same facts
3. The identity of the two preceding particulars, such
that any judgment rendered in the other will
amount to res judicata in the action under
consideration
3 ways to commit forum shopping:
1. Filing of multiple cases based on the same cause of
action and with the same prayer (where the ground
for dismissal is litis pendentia)
2. Filing multiple cases based on the same cause of action
and the same prayer, the previous case having been
finally resolved (where the ground for dismissal is res
judicata)
3. Filing multiple cases based on the same cause of
action but with different prayers (splitting of
causes of action, where the ground for dismissal
is also either litis pendentia or res judicata)
Summary dismissal:
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the
same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well
as a cause for administrative sanctions.
[Even in the judiciary] the rule requiring a Certificate
of Non-Forum Shopping may be relaxed when so
warranted
 Willful intent is required: when there’s no
intention on the part of the lawyer to mislead the
court, he can’t be sanctioned
 Literal identity of the parties is not required: It’s
sufficient that there is identity of interests
represented.
Certificate of Non-Forum Shopping is executed by
the party, not the counsel:
If executed by the counsel, it’s defective
equivalent to a non-compliance with the requirement
Rationale: it is the party himself who would be in a
position to know whether another case had been filed
or not.
Res judicata distinguished from Forum shopping:
a. Res judicata is what results when a present case
filed is barred by a prior final judgment
b. Forum shopping requires another pending case
Illustration:
Filing an action for the annulment if the sale
and the recovery of property allegedly inherited from
the deceased will not prosper where the same
property and the same claim are pending
adjudication in a separate proceeding for the
settlement of the estate of the deceased.
Rule12.03 A lawyer shall not, after obtaining extensions
of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an
explanation for his failure to do so.
Duty to File Pleadings Seasonably:
1. The grant of extensions of time to file pleadings is
a mere liberality upon the granting authority, so
it must not be abused. A lawyer who files a
motion for extension does not do so as a matter
of right. It’s a mere plea.
2. An extension of time for filing of briefs will not
be allowed except for good and sufficient cause,
and only if it’s filed before the expiration of the
time sought to be extended
3. Allowance or denial of the motion filed is
addressed to the sound discretion of the court
4. Explanation for failure to file pleading seasonably
must be acceptable.
5. Lawyers should not presume that the extension
that may be granted shall be counted from
notice. Thus, lawyers should not wait until their
motion for extension is acted upon. They should
file their pleadings within the period which they
requested in their motion for extension.
Illustration:
The excuse that the counsel was suffering
from hypertension was not accepted, as the counsel
could have informed the court in due time
Rule 12.04 A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse Court
processes.
Duty Against Dilatory moves and Misuse of Court
- this speaks of duty to expedite litigation.
- this is because a lawyer owes a duty to the
court to “assist the court in the expeditious
consideration and disposal of pending
cases”
 Technicalities should not be improperly
used to thwart substantial justice. Hence, a
party should not invoke defect of from where
no prejudice to substantial rights are involved
Treble costs can be assessed against dilatory
and frivolous appeals and tactics:
Frivolous / dilatory appeals: Where the
rights of a party have been made crystal clear by
a lower court decision, it may also already be
clear that any appeal from it is clearly
groundless and that the appeal made is only for
the purpose of delay. Such a scheme is an
attempt to defeat the administration of justice
Illustration:
Repeatedly resorting to the remedy of certiorari
is a dilatory tactic
Example of Misuse of Court Processes:
Multiple or repetitious petitions - filing, in behalf of
the same petitioners, a second petition for review on
certiorari of the same CA decision that had been
previously denied with finality.
Rule 12.05 A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while
the witness is still under examination.
Duty not to Coach a Witness under Examination:
Witness Preparation (allowed): occurs before the
testimony; lawyer’s act of advising the client of the
intended testimony and the witnesses’ ability to convey the
information and advocate the strengths of the testimony;
here the lawyer can inform the witness what to expect,
how to act properly, and the procedures Witness Coaching
(not allowed): done during testimony; counsel obfuscates
the truth or instructs the witness to lie. It makes the
testimony appear contrived, rehearsed, and unreliable.
Rule 12.06 - A lawyer shall not knowingly assist a witness
to misrepresent himself or to impersonate another.
Duty not to Present a False Witness
Dealing with corrupt witnesses: when the judge is
convinced that the witness makes false statements, he
may immediately order that the witness be prosecuted for
perjury.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Duty to Respect Witness:
Because a witness is not an antagonistic party, so
he/she should be respected and treated with politeness
and courtesy
Rule 12.08 A lawyer shall avoid testifying in behalf of his
client, except:
(a) on formal matters, such as the mailing,
authentication or custody of an instrument, and the like;
or
(b) on substantial matters, in cases where his testimony
is essential to the ends of justice, in which event he must,
during his testimony, entrust the trial of the case to
another counsel.
Duty not to be a Witness and Counsel at the Same Time:
If a lawyer is both counsel and witness, he
becomes more easily impeachable for interest and thus
may be a less effective witness. The public will be inclined
to believe that a lawyer’s testimony is altered to serve the
client’s interest. He is an ineffective position or arguing his
own credibility. The roles of an advocate and a witness are
inconsistent.
Rationale of the rule:
1. It’s designed to protect the integrity of the
advocate’s professional role by preserving the
distinction between advocacy, which is based on
reason and subject to objective evaluation, and
testimony, which is based on the witness’ moral
qualities and is evaluated in terms of individual
credibility.
2. It is corollary to the rule that an advocate
may not inject personal belief as to the
cause into argument to the judge. In other
words, it eliminates the opportunity to mix
argument and fact.
 Prohibition does not apply to a former counsel
 This does not mean that a lawyer cannot
testify as witness. His remedy would be to
withdraw from active management of the
case.
CANON 13 - A LAWYER SHALL:
- RELY UPON THE MERITS OF HIS CAUSE
- AND REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS:
- TO INFLUENCE,
- OR GIVES THE
APPEARANCE OF
INFLUENCING THE
COURT.
Duty not to influence judges:
Any inappropriate ex parte
communication with the judge is disallowed. A
lawyer should not communicate or argue
privately with the judge as to the merits of the
pending cause and deserves rebuke and
denunciation for any device of attempt to gain
from judge special personal consideration favor.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with
Judges.
Duty of non-fraternization with judges:
A lawyer’s treatment of judges must
not be with the end in view of cultivating
closeness which can be converted later on to
seek favors from the judge.
Being a former law school classmate,
being a neighbor/fraternity brother, both lawyer
and the judge must be aware and conscious as
to where such friendship must end.
When it comes to matters pending in
the judicial docket, the lawyer and the judge
must keep a professional distance and affinity must
be kept respectful.
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending case
tending to arouse public opinion for or against a
party.
Duty not to resort to the Bar of Public Opinion during the
pendency of a case:
However, it should be recognized that certain
statements may be generally permitted, such as a
statement on the general nature of a claim or defense in a
pending case.
Illustration of violation of the rule:
Publication in a newspaper with the title, “Senior
prosecutor lambasts Surigao judge for allowing murder to
bail out.”
Sub- Judice defined:
- Refers to matters under or before a judge or
court; under judicial consideration.
Basis/purpose of the Sub- Judice rule:
The courts must be allowed to deal with the legal
issues that are before it free from undue interference and
influences by others making public statements about how
these issues should be dealt with. It also protects the
witnesses because public statements may change relevant
facts of what he witnessed.
Ex. of violation of sub- judice rule:
a. public discussion of a prior criminal record
which is not relevant to the present
charge against him;
b. on-screen admissions of guilt by the accused.
Open- Justice principle:
Refers to the public right to scrutinize and
criticize courts and court proceedings.
Purpose: to prevent idiosyncrasy or judicial
arbitrariness and maintain public confidence in the
administration of justice. Also, it has been just as
fundamental to a democratic society of freedom of
speech.
Post- litigation criticisms:
It is the duty of a lawyer to criticize and
expose the shortcomings and indiscretions of courts
and judges by criticizing concluded litigations
because then the court’s actuations are thrown open
to public consumption and discussion.
Illustration of disrespectful post- litigation criticisms:
a. A lawyer stating through a local newspaper,
“the only remedy to put an end to so much
evil, is to change the members of the SC.”
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of
the government in the normal course of judicial
proceedings.
Judicial Independence defined:
- It is the doctrine that decisions of the judiciary
should be impartial and not subject to influence
from the other branches of a gov’t or from
private or political interests.
Two types of Judicial Independence:
1. Institutional independence – means the judicial
branch is independent from the executive and
legislative branches.
2. Decisional independence – is the idea that
judges should be able to decide cases solely
based on the law and the facts without letting
the media, politics or other concerns sway their
decisions, and without fearing penalty in their
careers for their decisions.
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.
Rule 14.02 – 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 chapters for rendition of free legal aid.
Counsel de Oficio(CDO): A lawyer appointed by the
Court to counsel an accused. One can be a CDO if he’s
a member of the bar in good standing who can
competently defend the accused.
In localities where no bar member is available: Court
may appoint any person, resident of the province and
of good repute for ability to defend the accused.
General rule: A lawyer can’t decline being appointed
as CDO.
Exception: a serious and sufficient cause, like the 1)
lawyer cannot competently handle the case or 2)
there’s conflict of interest.
Court’s duty to appoint a CDO is NOT mandatory
when: the accused has proceeded with the
arraignment and the trial with a his chosen counsel (CDP),
but during presentation of evidence, he
appears by himself alone because of the inexcusable
absence of his counsel.
The court can appoint a CDO during (or in the middle
of) the trial: If an accused’s CDP deliberately makes
himself incompetent, the Court can appoint a CDO to
enable the trial to proceed until CDP finally appears.
Reason: because otherwise, the pace of the criminal
prosecution will be entirely dictated by the accused to
the detriment of the resolution of the case.
 The need for this appointment arises when an
accused is penniless and a lawyer’s services as
counsel to the former are necessary to secure the
ends of justice and to protect the rights of the party
 People who may avail of this legal service: A poor
accused who’s unable to employ an atty; Only
indigents may avail of services of PAO (Note: a CDO is
not automatically a PAO lawyer. Remember, CDO
may come from private sector)
 A CDO gets paid but NOT by indigent client; he
may get compensation from the Court subject to
availability of funds. (Rules of Court, Sec 32, Rule 138)
 A CDO is not exempt from any liability in case he
messes. He’s equally liable as any paid lawyer.
Distinguish Counsel de oficio (CDO) from Counsel de
parte (CDP):
 CDO is a court appointed lawyer;
 CDP is the lawyer of the party’s own choice
The right to secure CDP’s services is not absolute:
Reason: The Court should balance the privilege to
retain a counsel of choice against the state and
offended party’s equally important right to speedy
and adequate justice,
The Court can restrict the accused’s option to retain
a CDP under the ff. circumstances:
- When an accused insists on an atty he can’t
afford;
- When he chooses someone who’s not a member
of the bar
- When the personally chosen lawyer declines (for
a valid reason) ...and similar others...
The right to a CDP is waivable under the ff conditions:
- Waiver isn’t contrary to law, public order, public
policy, morals, or good customs OR prejudicial to a 3 rd
person with a right recognized by law
- Waiver is unequivocally, knowingly, and intelligently
made
Amicus Curiae: “friend of the court” a person with
strong interest on the subject matter of an action. He
can be a private person or someone from the
government.
An amicus curiae becomes a friend of the court
when:
1. He files a petition with the court for permission
to file a brief, apparently on behalf of a party but
actually to suggest a rationale consistent with its
own views. His briefs are commonly filed in
appeals concerning matters of public interest.
2. Court invites him to help in the disposition of
issues submitted to it.
Rule 14.03 A lawyer may not refuse to accept
representation of an indigent client if:
(a) he is not in a 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.
Indigent party/ pauper litigant: one who has no
money or property sufficient and available for food,
shelter and basic necessities for himself and his
family; the Court designates one as such upon ex
parte application and hearing (to prove that he really
is indigent)
An indigent party is entitled to/exempt from:
- Docket and other lawful fees (but they create a
lien on the judgment that will be rendered,
unless the court provides otherwise) transcripts
of stenographic notes.
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.
Duty of candor to his client – a lawyer is not
barred from commercially dealing with his client
but the business transactions must be
characterized with utmost honesty and good
faith.
Illustration of violation of this rule:
a. The act requiring his clients to pay
15,980 on the pretext that it was
needed for the payment of court fees
which were not.
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.
A lawyer could determine potential conflict of interest
by:
- the initial conferment of a prospective client,
- facts given to him and
- asking the necessary questions regarding the
facts and personalities involved in the case.
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.
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 on conflict of interests:
1. Prohibits the lawyer from representing new
clients whose interests oppose those of a former
client in any manner, whether or not they are
parties in the same action or in totally unrelated
cases.
2. Good faith and honest intention does not negate
the prohibition.
3. To be guilty of representing conflict of interests, a
counsel of record of one party need not also be
of counsel of record of the adverse party. He
does not have to publicly hold himself as the
counsel of the adverse party, nor make his efforts
to advance the adverse party’s conflict of
interests of record- although these circumstances
are the most obvious and satisfactory proof of
the charge.
The duration of time that has elapsed is immaterial in
determining conflict of interests. So whether the
relationship with the client terminated 8yrs before the
creation of new client that has adverse of interest with
the first client, there still has conflict of interest.
5. Termination of previous engagement is not a ground
to disregard the prohibition on conflict of interest
because the client’s confidence once reposed cannot
be divested by the expiration of the professional
employment.
6. The absence of any other lawyer in town is not an
excuse to accept cases that has conflict of interest.
7. Conflict of interests is not limited to litigation cases
but can also rise from financial dealings.
A lawyer is forbidden to do either of two things after
severing his relationship with a former client:
 1. He may not do anything injuriously affect his
former client in any matter in which he formerly
represented him;
2. Nor he may at any time use against his former
client knowledge/information acquired by
virtue of the previous relationship.
Rationale for the prohibition on conflict of interests:
1. The relations of atty. and client are founded on
principles of public policy, on good taste.
2. To avoid treachery and double- dealing so that
clients be encouraged to trust their secrets to
their attorneys.
Test to determine if there is conflict of interests:
- Whether the acceptance of a new relation would
prevent the full discharge of the lawyer’s duty of
undivided fidelity and loyalty to the client or will it
invite suspicion of unfaithfulness or double-
dealing in the performance of that duty?
- An important criterion is “probability” and not
“certainty” of conflict.
Rule 15.04 - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
 A lawyer acts as intermediary in seeking to
establish or adjust a relationship between clients
on amicable and mutually advantageous basis ex:
in helping organize a business in which 2 or more
clients are entrepreneurs.
The alternative can be that each party may have to
obtain separate representation, with the possibility in
some situations of incurring additional cost,
complication or even litigation.
 The lawyer then, acts as intermediary. Forms
of intermediation vary from arbitration to
mediation where each client’s case
presented by the respective client and the
lawyer decides the outcome, then to
common representation.
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.
Scope of the Advice:
a. Client is entitled to straight-forward advice
expressing lawyer’s honest assessment.
b. Purely technical advice can sometime be
inadequate unless requested by the client
himself. It is proper for a lawyer to refer
relevant moral and ethical considerations in giving
advice.
c. Where consultation with a professional in another
field is itself something a competent lawyer, would
recommend, the lawyer should make such
recommendation ex. family matters with the help
of clinical psychology and business matters with
the aid of financial specialists.
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 the 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.
 The objective of this rule is to avoid confusion, both
for the benefit of the lawyer and the client.
 As a rule, a lawyer is not barred from
commercially dealing with client but the
business transaction must be characterized with
utmost honesty and good faith.
 Business transactions bet. atty. and his client is
discouraged by the policy of the law because the
lawyer might take advantage of his client’s ignorance
using his position.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.
Duty to be a Trustee of Client’s Moneys and
Properties: Mainly because what client and lawyer have
is a fiduciary relationship.
Rule 16.01: A lawyer shall account for all money or
property collected or received for or from the client.
Duty of Accountability – generally derived from law on
agency which imposes the duties of separation,
accounting, notification and delivery on all agents
possessing the principal’s property.
 A lawyer may not apply any amount he received as
partial settlement of a judgment to his professional fees
without the concurrence of his client.
 Failure in this duty is misconduct. (In one case, the
lawyer was suspended) Fear of not being paid is no
excuse.
 If done with bad faith and deceit –
grave misconduct
 Failure to remit amounts to client pursuant to
an execution – misappropriation; such act gives
rise to the presumption that he has appropriated
the money for his own use; lawyer can be cited in
contempt;
 Restitution may be ordered in all instances
of failure in this duty.
 The amount/s covered by this rule: Any, not
just litigation expenses but also expenses due
BIR, Register of Deeds, and others.
 Mere failure to promptly report to the client
his receipt of the money is punishable
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.
Though a lawyer has a lien over his client’s
funds, he should notify his client about it in
due time – he should give notice promptly
(accdg to this rule, he may notify his client after
he satisfies his fees)
Rule 16.04 A lawyer shall not borrow money
from his client unless the client's interest
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.
General Rule: No debtor-creditor
relationship between lawyer and client
Exception:
- Lawyer may borrow money from his client
only if his client’s interests are fully
protected
- Lawyer may lend money to a client, when in
the interest of justice, (during his handling
of the case) he has to advance necessary
expenses
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 17 decrees the fiduciary relationship
between a client and his lawyer. The fidelity which a
lawyer owes to his client does not necessarily mean
absolute adherence to the client’s views or activities.
Duty of confidentiality; preservation of client’s
secrets:
The protection given to the client is
perpetual and does not cease with the termination of
the litigation, nor is it affected by the party’s ceasing
to employ the attorney and retaining another, or by
any other change of relation between them. It
survives the death of the client.
Rationale:
- to avoid self- incrimination;
- to maintain the right to counsel;
- Encourages a dynamic and fruitful exchange and
flow of information;
- Full disclosure opens the door to the whole spectrum of
legal options on the case of the client than limited
information;
General rule on transparency in the identity of the client:
as a matter of public policy, a lawyer may not invoke the
communication privilege and refuse to divulge the name or
identity of his client because:
- The court has the right to know that the client whose
privileged information is sought to be protected is
flesh and blood.
- The privilege exists only after the atty-client
relationship has been established.
- Privilege generally pertains to the subject matter of
the relationship.
- Due process require that the opposing party should
know his adversary.
Exceptions to the general rule: Info relating to the identity
of the client may fall within the ambit of the privilege when
the client’s name itself has an independent significance,
such as disclosure would then reveal client’s confidences.
Purchase of the client’s property by the lawyer under
Article 1491 of the Civil Code:
Under 1491 of the Civil Code, lawyers are
prohibited from acquiring either by purchase or
assignment the property or rights involved which are the
objects of the litigation in which they intervene by virtue of
their profession.
Even if a fair price was paid for the property if it is
object of the litigation, it is void and inexistent pursuant to
Art. 1409 of the Civil Code. Hence, constitutes breach of
professional ethics and constitutes malpractice.
 The prohibition on purchase is all embracing
to include not only sales to private individuals but
also to public or judicial sales.
Rationale of the prohibition:
- Public policy disallows the transactions in view of
the fiduciary relationship involved i.e. the
relation of trust and confidence.
- An atty. may easily take advantage of the
credulity and ignorance of his client and unduly
enrich himself at the expense of his client.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
Diligence with that norm of practice
expected of men of good intentions (as the
practice of law does not require extraordinary
diligence)
Entry and Authority of Appearance:
A lawyer is presumed to be properly
authorized to represent any cause in which he
appears (and no written power of attorney is
required for this authority)
Formal entry of appearance is no
longer required so an appearance may be made
by simply filing a normal motion, plea, or
answer.
- a law firm’s main and branch offices
comprise a single law firm
- death of handling lawyer does not
extinguish lawyer-client relationship
- When relationship is with a law firm, death
of the handling lawyer does not terminate
lawyer-client relationship between the client
and law firm; so the lawyers in the firm, to not
be held liable for negligence, should either re-
assign the case or withdraw from it.
- Accountability of a supervising lawyer for
an associate lawyer’s misconduct - well, he’ll
just be asked to explain.
Does the lawyer’s negligence bind his client?
General Rule: Yes. XCPN: negligence amounts to
deprivation of due process for the client of
results to serious injustice
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.
Because the legal practice is an expansive and wide field, it
can’t be expected that a lawyer specializes in all and in
every field of law. If a lawyer engages in a practice of law in
which he is not familiar, he will be rendering an inferior
service to the detriment of the client and to this
professional embarrassment
Rule 18.02 A lawyer shall not handle any legal matter
without adequate preparation.
Lawyer’s unfamiliarity with the principles of law applicable
to a client’s legal matters would give rise to disciplinary
action. But an erroneous opinion on a difficult question of
law wouldn’t mean that a lawyer acted incompetently; the
“thoroughness” required is that ordinarily employed by
lawyers undertaking similar matters
Rule 18.03 A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Duty not to be negligent!
- Because public interest demands.
- He can’t just entirely entrust/delegate tasks to his staff,
this includes matters pertaining to the resolution of the
case
- It’s the lawyer’s bounden duty to check, review, and
recheck the allegations in their pleadings...
the accuracy of statements, down to the last word and
punctuation mark.
 If the client is bound by his counsel’s acts, with more
reason should counsel be bound by his staff’s acts.
 Lawyers can be held civilly liable: for negligence in the
handling of his client’s case.
Rule 18.04 A lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable
time to the client's request for information.
A client is entitled to the fullest disclosure of the
what’s, how’s and why’s of the case proceedings. Client
must receive: periodic and full updates on the mode and
manner that the lawyer is utilizing to defend his interests
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
 It is the duty of a lawyer to serve only within the
bounds of law, fair and honest and for lawful
objectives.
  He must give a candid and honest opinion
on the merits and probable of the client’s case
with the end in view of promoting respect for
the law and for legal processes, and counsel or
maintain such actions or proceedings which
appear to him as just and such defenses only as
he believes to be honestly debatable under the
law.
 Rationale of the canon: a lawyer’s duty is
not to his client but in the administration of
justice; to that end, his client’s success is
wholly subordinate; and his conduct ought to
and must always be thoroughly observant of
law and ethics.
 It is improper for a lawyer to assert in
argument his personal belief in his client’s
innocence in the justice of his cause.
 The office of the attorney does not permit,
much less does not demand of him for any
client, violation of law or any manner of fraud
or chicanery, he must obey his own conscience
and not that of his client.
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.
Duty not to condone a client’s fraud:
A lawyer may not continue assisting a client
in the conduct that that lawyer originally supposes is
legally proper but then discovers is criminal and
fraudulent. He should:
1. Endeavour to rectify it by advising his client.
2. Withdrawal from the representation if necessary
or if the client refused to rectify it.
3. Has discretion to inform promptly the injured
person or his counsel, so that they may take
appropriate steps.
Definition of Fraud – a generic term, embracing all
multifarious means which human ingenuity can
devise, and which are resorted to by one individual to
get advantage over another by false suggestions or by
suppression of truth, and includes all surprise, trick and
cunning unfair way by which another is cheated.
Rule 19.03 - A lawyer shall not allow his client to dictate
the procedure in handling the case.
- Lawyers have the exclusive management of the
procedural aspect of the litigation including the
enforcement of the rights and remedies of their client.
- Even over the objection of the client, a lawyer can
present or refuse to present certain witnesses.
- Mistakes of counsel as to the relevancy or irrelevancy
of certain evidence or mistakes in the proper defense, in
the introduction of certain evidence, or in argumentation
are, among all mistakes and procedure and they bind the
clients.
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:
(a) the time spent and the extent of the service rendered
or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill 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.
The amount of atty’s fees due is that stipulated in the
retainer agreement, absence such, amount would be
fixed on the basis of the quantum merit (reasonable
worth) of the atty’s services
Factors to be considered in fixing atty’s
compensation:
- Importance of the subject matter of the
controversy
- Extent of services rendered
- Professional standing of the lawyer
  Court isn’t bound by opinion of a lawyer
as to proper compensation; Court may
disregard it and base its conclusion on its own
professional knowledge
 No form is required with regard to agreement
on fees but it’s preferred if it’s in writing
 Written agreement on fees is generally
binding, but if client is ignorant and
uneducated, such written agreement may not
be persuasive and the compensation should be
made on the basis of quantum merit.
 Unless expressly stipulated, payment of
lawyer’s fees is not gratuitous (as it’s based on
the law of contract: I do and you give)
 A lawyer may require advance payment of his
fees, but he shall return the excess.
 A lawyer may accept property in payment
such as ownership interest in an enterprise.
A lawyer is entitled to recover litigation expenses
when:
- Defendant’s act or omission has commission has
compelled the plaintiff to litigate or to incur
expenses to protect his interest;
- The defendant acted in gross and evident bad
faith in refusing to satisfy the plaintiff’s valid, just,
and demandable claim
- In any other case where the court deems it just
and equitable that the expenses be recovered
Lawyer’s acquisition of his client’s property:
He may not: if the properties are the objects of the
litigation in which he intervenes (meaning, “during
the pendency of the litigation”); this prohibition
includes not only sales to private individuals but also
public or judicial sales; this covers not only the
purchase but also the assignment of the property
He may: if the lawyer acquires it after the termination
of the case
Rationale (of the prohibition): public policy disallows
because of the fiduciary (based on trust and
confidence) nature of the lawyer-client relationship;
and because by virtue of the lawyer’s office, he may
easily take advantage of the credulity and ignorance
of his client and unduly enrich himself at the expense
of his client.
 Mere demand for delivery of the litigated property
does not cause the transfer of ownership, thus,
not a prohibited transaction.
CHAMPERTY: “buying into someone else’s lawsuit”,
rd
it’s the arrangement in which a 3 party (or even the
litigation lawyer) supports another’s litigation in
exchange for a share of the proceeds, if there are any.
If there are none, the party litigant would not have to pay
the person or entity which financed the litigation. Any
amount advanced would not have to be returned.
Champerty is prohibited on the ground of public policy, it
violates the fiduciary relationship between the lawyer and
his client. It’s also a form of maintenance (intermeddling of
an uninterested party.
For the party litigant, it’s an issue of litigation financing
(when he has no financial means to pursue litigation).
Lawyer’s contingency fee (payment conditional upon
success) is an exception to this prohibition.
CHAMPERTOUS CONTRACTS: an agreement between
a third person and a party litigant or a lawyer and his
client wherein the third person with respect to the
party litigant or the lawyer with respect to his client,
supports the party litigant’s or the client’s litigation in
exchange for a share of the proceeds emanating from
the litigation, if there are any.
SYNDICATED LAWSUITS. It’s a form of champerty
where the litigant sells his shares in his lawsuit to
investors.
Rule 20.01 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.
 There are no fixed rules in the setting of
attorney’s fees, that’s why they’re negotiable.
There can only be guidelines.
 Judge’s opinion as to the capacity of the lawyer is
not a basis of the right to a lawyer’s fees
Manner of fixing the fees:
Hourly fee basis: a lawyer keeps an accurate record
of all the time he had spent on the case, indicating
the number of minutes spent in every activity relating
to the case. It’s usual to mark the time in tenth-of-an-
hour increments, meaning in chunks of six minutes.
Then the number will be multiplied by the lawyer’s
agreed upon hourly rate.
Fixed fee basis: Combination arrangement
 Lawyer may ask for “deposits” which would cover
the necessary expenses and costs
 An executor or administrator of an estate may
not charge against the estate any professional
fee for legal services as such are already paid for
in his capacity as executor or administrator
General elements to be considered in fixing a
reasonable compensation/L
- Importance of the subject matter/controversy
- Extent of the services rendered
- Professional standing of the lawyer
Rule 20.02 A lawyer shall, in case of referral, with
the consent of the client, be entitled to a division of
fees in proportion to the work performed and
responsibility assumed.
Duty to Divide Fees in Proportion to Work Done
- Applicable in instances where legal work would
have to be shared between two or more lawyers
- In this case, fees would have to be shared
between these lawyers proportionately (on the
basis of the proportion of services they render or
by agreement between/among the lawyers) with
the prior consent of the client.
- It doesn’t require disclosure to the client of the
lawyer’s share.
Lawyer Referral System: the purpose of this is to aid
individuals who are able to pay fees but need
assistance in locating lawyers competent to handle
their particular problems.
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.
Such a payment may be allowed provided it is with
full knowledge and consent of the client and subject
to the condition that that lawyer reasonably believes
that the client’s best interest will not be adversely
affected
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.
Duty to Avoid Disputes with Client Over Fees:
It’s preferable that agreement on fees
between the client and lawyer be in writing (to avoid
disputes)
ASSUMPSIT: Latin for “he undertook, he promised”,
It’s a cause of action for unpaid work. Its basis is
common law so it’s not applicable in the Philippines.
Concepts on attorney’s fees:
Ordinary sense: compensation paid by client.
Extraordinary sense: awarded by the court to be paid
by the losing party (this must be expressly stated in
the decision)
CONTINGENT FEES: Arrangement where fees are due
only if the lawyer handles a case successfully. Fees
will come from the recovered amount in the case. If
the case is unsuccessful, the client is under no
obligation to pay his lawyer.
Retaining lien on client’s funds and documents (and
property): Upon receipt of the funds belonging to the
client, the lawyer may collect any lien which he as
over them in connection with his legal services,
provided he gives prompt notice to his client. A
lawyer is not entitled to unilaterally appropriate his
client’s for himself by the mere fact that the client
owes him atty’s fees.
QUANTUM MERUIT: “as much as he deserves”; the
rule implies a promise to pay a reasonable amount for
the labor and materials furnished
Fees based on quantum meruit is authorized when:
- There is no express contract for the payment
- Although there’s formal contract, the fees are
unconscionable or unreasonable
- Void contract
- The counsel, for justifiable cause, was not able
to finish the case to its conclusion
- There is a hearing.
RETAINING FEE: preliminary fee paid to ensure and secure
a lawyer’s future services, to remunerate him for being
deprived, by being retained by one party, of the
opportunity of rendering services to the other part and of
receiving pay from him.
 In the absence of an agreement to the contrary, the
retaining fee is neither made nor received in
consideration of the services contemplated; it’s apart
from what the client has agreed to pay for the services
which he has retained him to perform
 Absence of the stipulation of additional atty’s fees is
not a bar to the collection of additional atty’s fees
2 kinds of retainer fees:
1. General retainer: the fee paid to a lawyer to secure his
future services as general counsel for
any ordinary legal problem that may arise in the
routinary business of the client and referred to him for
legal action.
Reason for this is that the lawyer is deprived, by being
retained by one party, of the opportunity of rendering
services to the other part and of receiving pay from him.
- This fee is independent and different from the
compensation which the lawyer should receive in
payment for his services
2. Special retainer: fee for a specific case handled or
special service rendered by the lawyer for a client.
 Expiration of retainer agreement does not mean
that lawyer is no longer entitled to attorney’s
fees for services rendered
 the dismissal of a counter-claim (for atty’s fees)
does not amount to res judicata
 Rights and obligations arising from the lawyer-
client relationship is not transmissible (therefore
the lawyer may not go against the heirs of his
client of payment of his professional fees). The
fees constitute a charge against the client’s state.
 When a lawyer rendered legal services to the
administrator or executor to assist him in the
execution of his trust, his atty’s fees may be
allowed as administration expense. But the
estate is not directly liable for his fees, because
they rest primarily on the executor or
administrator.
 His remedy is: a) file an action against the
executor in his personal capacity; or b) file a
petition in the intestate or testate
proceedings
ACCEPTANCE FEE: It’s an absolute fee
arrangement which entitles a lawyer to get paid
for his efforts regardless of the outcome of the
litigation
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
Rationale of lawyer- client confidentiality:
To permit the attorney to reveal to
others what is disclosed, would be not only a
gross violation of a sacred trust upon his part,
but it would utterly destroy and prevent the
usefulness and benefits derived from
professional assistance.
Lawyer- client confidentiality extends
as well to his employees and neither of them
should accept employment, which involves or
may involve the disclosure or use of these
confidences either for the advantage of his
client, without his knowledge and consent, and
even though there are other available sources
of information.
The announced intention of the client
to commit crime or fraud is not included within
the confidence which he bound to respect.
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.
Attorney- client privileged defined- in the law of
evidence, it is the client’s privilege to refuse to
disclose and to prevent any person from disclosing
confidential communication between him and his
attorney.
Factors to consider in creation of a Lawyer- Client
relationship:
1. Where legal advice of any kind is sought
2. from a professional legal adviser in his capacity as
such,
3. the communications relating for that purpose,
4. made in confidence
5. by the client,
6. are at his instance permanently protected,
7. from disclosure by himself or by the legal advisor,
8. except the protection be waived.
Rules on creation of Lawyer- Client relationship:
 Written contract is not an essential element in the
employment of an attorney, it could be expressed or
implied.
 Personal relationship is irrelevant
 Payment of fees to the lawyer is irrelevant.
 Lawyer- client relationship is not terminated by a trial court’s
decisions on the case.
(Self- explanatory rules of Canon 21):
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 clients.
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.
Duty to Withdraw Legal Services Only for Good
Cause and Upon Notice
Rule 22.01 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 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 the services or fails to comply with the
retainer agreement;
(f) When the lawyer is elected or appointed to
public office; and Other similar cases.
Requirement of proper withdrawal:
The lawyer should have either the written
conformity of his client or an order from the court
relieving him of the duties of counsel
If the client refuses to give consent to the
retirement or withdrawal, the lawyer must file an
application or petition for withdrawal with the court.
He must serve a copy of his petition upon his client
and the adverse party at least 3 days before the date
set for hearing, otherwise the court may treat the
application as a “mere scrap of paper.”
Withdrawal of record is required for an attorney of
record in litigation: a lawyer must still appear on the
date of hearing for the atty-client relation does not
terminate formally until there is a withdrawal of
record. Until he is properly relieved as counsel of
record, he will remain responsible for the conduct of
the case.
 Retirement from the practice of law is not an excuse
from properly withdrawing from a case. Even if he has
retired, he can’t still ignore court orders. He must go
thru proper withdrawal process.
 A lawyer appointed to public office remains as counsel
of record where he did not file a motion to withdraw
as counsel.
Procedure for the Substitution of Attorneys. There must
be filed:
- Written application for such substitution
- Written consent of the client
- If the written consent can’t be obtained, there
must be filed with the application proof of service
of notice of such motion upon the atty to be
substituted in the manner prescribed by the rules
- If the foregoing is not complied with, substitution
will not be permitted.
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 cooperative with his successor in the orderly
transfer of the matter, including all information necessary
for the proper handling of the matter.
Duty to Effect an Orderly Turn-Over after
Withdrawal or Discharge
 The discharge does not terminate the lawyer’s
duty to protect the client’s interest.
Lawyer’s right to retain papers: This right persists
largely because no substitute procedures have been
established to provide a lawyer with a prior secured
claim for his fee.
Charging lien: a charging lien to be enforceable as
security for the payment of atty’s fees requires as a
condition sine qua non a judgment for money and
execution in pursuance of such judgment secured in
the main action by the atty in favor of his client. This
lien presupposes that the atty has secured a favorable
money judgment for his client.