LEGAL ETHICS

Legal ethics refers to the usage and customs among the members of the legal profession,
involving their moral and professional duties towards one another, their client and towards the
courts
- Lawyers has to be seen or appears to be of good moral character
- Membership of the bar is a privilege burdened with prohibitions
-
Disciplinary measures:
- Suspension or disbarment

Code of professional Responsibility

- Codification of legal ethics, that body of principles by which the conduct of members of
the legal profession is controlled
- Disciplinary proceedings
- Includes disqualification cases
- Sui generis (of its own kind)
- Neither purely civil or criminal
- Motu propio of the court
- Do not involve a trial of an action or a suit
- Investigations by the court on the conduct of one of its officers

HISTORY

1917
Philippine Bar adopted its own canons 1-32 of the ABA canons of professional ethics

1946
`
Philippine Bar adopted its own canons 33-47 of the ABA canons of professional ethics

1980
Integrated Bar of the Philippines adopted a proposed Code of Professional
Responsibility

June 21 1988
Supreme Court promulgated the Code of Professional Responsibility

Importance of Legal Ethics

1. Guard against abuses and ills of the profession
2. Raise the standards of the legal profession,
a. encourage and enhance the respect for the law,
b. assure effective and efficient administration of justice
 c. Assist in keeping and maintenance of law and order
3. Provides the basis for weeding out those lawyers found to be unfit to remain in the legal
profession

MAIN BASES OF LEGAL ETHICS IN THE PHILIPPINES

A. The Code of Professional Responsibility
a. Various pertinent and subsisting rules, guidelines and standards on the conduct
of lawyers
b. Observed by all members of the Bar in the exercise of their profession
c. Whether in or out of the court
d. As well in their public and private capacity
e. ITS SOURCES
i. Philippines Constitution
1. Admission to the bar involves the exercise of Judicial Discretion
2. Regulation of the Baf is an inherent Judicial Function
3. Congress may not pass a law that will control the SC to decide
who may admit to the bar
4. Revised LAW STUDENT PRACTICE RULE
a. Ensure that there will be no miscarriage of justice as a
result of incompetence or inexperience of law students
b. Provide mechanism to law school clinics to protect itself
from any potential vicarious liability arising from the
culpable action of their law students
c. Ensure consistency that no person is allowed to practice a
profession without license
ii. Rules of the Court
1. Duties of attorneys
a. Maintain allegiance to the Republic of the Philippines and
support its constitutions and obey the PH laws
b. Observe and maintain respect due to the courts of justice
and judicial officers
c. Counsel or maintain such actions or proceedings only as
appear to him to be just
d. Be consistent in truth and honor and never seek to misled
the judge or any judicial officer by an artifice or false
statement of the fact of the law
e. Abstain from all offensive personality
f. Not to encourage of commence a delay of mans cause
g. Never reject the defense for the oppress
h. Defend the accused, despite the personal opinion of the
guilt of the accused
 iii. Canons of Professional Ethics adopted from the Professional Ethics
of the American Bar Association
iv. Statutes, special laws, treatise and decisions

B. THE NEW CODE OF THE JUDICIAL CONDUCT FOR THE PHILIPPINE

JUDICIARY
a. Code of Professional Responsibility -> Lawyers
i. Observe and maintain respect for judicial officers
b. Code of Judicial Conduct → Judge
i. Patient, attentive and courteous to lawyers

CHAPTER II
A. Concept of practice of law
a. Practice of law
i. ANY activity
ii. In or out of the court
iii. Which requires the application of
1. Law
2. Legal procedure
3. Knowledge
4. Training
5. Experience
b. Qualifications of a Regional Trial Court Judge
i. Citizen of the PH
ii. At least 35 y/o
iii. At least 10 years practicing law in PH or has held public office in the
PH requiring admission to the practice of law
B. Practicing lawyer vs Trial Lawyer
a. Practicing lawyer
i. Engaged in the practice of law
b. Trial lawyer
i. One who devotes his practice to handling litigations in court
C. A lawyer serving suspension must desist from preparing pleadings
a. What is considered practice in law?
i. Acting as client’s attorney in fact
ii. Work in the government that requires the use of legal knowledge
iii. Lawyers that teach law
D. Practice of law is:
a. A profession where its basic idealism is to render public service
E. A lawyer is
a. An officer of the courts
i. Lawyers utterances, petitions, motions in the course of judicial
proceedings are absolutely privilege
 F. Who may practice law?
a. Any person:
i. duly admitted as a member of the bar
ii. Admitted as such in accordance with the provisions of rule 138
b. Section 5 article 8 of 1987 consti
i. Vest power to pormulgate rules concerning admission to the SC
c. Has to have a good moral character
i. Moral character is not a subjective term but one which corresponds
to objective reality
1. 4 ostensible purposes
a. To protect the public
b. To protect the image of lawyers
c. To protect prospective clients
d. To protect errant lawyers from themselves
ii. Good moral character is a continuing requirement until retirement
from practice of law
iii. Pending charges should be declared (requirement for BAR)
1. Ensures the good moral character
iv. A filipino citizen who graduated from a foreign law school may be
admitted to the bar examination
1. Must have completed the required law courses
2. Submission to SC the ff
a. Certification of completion of all courses leading to the
degree of bachelor of laws
b. Certification of recognition or accreditation of school
by proper authority
c. Completion of all 4th year subj in a bachelor of laws
program in a law school duly recognized by the PH
Gov
G. Who MAY NOT practice law
a. A corporation CANT practice
i. Only natural persons may be admitted to bar
ii. They lack the essential qualification of having a good moral
character
b. Those who assumes name, identity and school records of another person
c. A lawyer serving suspension cannot accept an engagement

REVISED LAW STUDENT PRACTICE RULE:

- A law student must now be certified to be able to engage in the limited practice of
law
- Covered the Clinical Legal Education Program (CLEP)
- Kinds of law practice allowed:
i. Appearances
 ii. Drafting and submission of pleadings and documents before trial
and appellate courts and quasi-judicial and administrative bodies
iii. Assistance in mediation, legal counseling and advice
- The law student must secure a level 1 or 2 certification
- Level 1 - 1st year law courses
- Level 2 - 3rd year law courses
- Once the certi is secured the certificate number must be used in signing briefs,
pleadings, letters and other similar documents

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

ROLL OF ATTORNEYS
- The clerk of the SC shall keep a roll of all attorneys admitted to practicum which
roll shall be signed by the person admitted when he receives his certificate