CODE OF

PROFESSIONAL
RESPONSIBILITY
Presented by:
MARJORIE CAMILLE FLORES
 THE CODE OF PROFESSIONAL
RESPONSIBILITY

 The Lawyer and the Society (Canons 1-6)

 The Lawyer and the Legal Profession (Canons 7-9)
 The Lawyer and the Courts (Canons 10-13)
 The Lawyer and the Client (Canons 14-22)
 CHAPTER 1: LAWYER AND
SOCIETY
(Canons 1-6)

1. Uphold the Constitution and obey the laws of the

land and legal processes
2. Make legal services available in an efficient and
convenient manner
3. Use of true, honest, fair, dignified and objective
information in making known legal services
4. Participate in the improvement of the legal system
5. Keep abreast of legal development and participate
in continuing legal education program and assist in
disseminating information regarding the law and
jurisprudence
6. Applicability of the CPR to lawyers in the
government service
 CHAPTER 2: THE LAWYER AND
THE LEGAL PROFESSION
(Canons 7-9)

7. At all times uphold integrity and dignity of the

profession and support the activities of the IBP
8. Conduct himself with courtesy, fairness and
candor toward his colleagues and avoid
harassing tactics against opposing counsel
9. Not to directly or indirectly assist in the
unauthorized practice of law
 CHAPTER 3: THE LAWYER AND THE
COURTS
(Canons 10-13)

10.Owes candor, fairness and good faith to the

court
11.Observe and maintain the respect due to the
courts and judicial officers and should insist on
similar conduct by others
12.Duty to assist in the speedy and efficient
administration of justice
13.Rely upon the merits of his cause, refrain from
any impropriety which tends to influence
courts, or give the appearance of influencing
the courts
 CHAPTER 4: THE LAWYER AND
THE CLIENT
(Canons 14-22)

14.Not to refuse his services to the needy

15.Observe candor, fairness and loyalty in all his

dealings and transactions with clients

16.Hold in trust all the moneys and property of

his client that may come to his possession

17.Owes fidelity to client’s cause and be mindful

of the trust and confidence reposed in him

18.Serve client with competence and diligence

 CHAPTER 4: THE LAWYER AND
THE CLIENT
(Canons 14-22)

19.Represent client with zeal within the bounds of

law

20.Charge only fair and reasonable fees

21.Preserve the confidence and secrets of client

even after the attorney-client relation is
terminated

22.Withdraw services only for good cause and

upon notice
TOWARDS RECOGNIZING AND
ACCOMMODATING
DIFFERENTIATION WITHIN THE
LEGAL PROFESSION:
“A Critique of the Code of Professional
Responsibility’s Treatment of the Non-
Litigation Practice of Law”

RYAN HARTZELL C. BALICASAN

Towards Recognizing and Accommodating
Differentiation Within the Legal Profession:
“A Critique of the Code of Professional Responsibility’s
Treatment of the Non-Litigation Practice of Law”

I. INTRODUCTION
II. DISCUSSION
1. The Sociology of the Professions
2. Background of the Code of Professional Responsibility
3. Content and Comparative Analysis

III.CRITIQUE
IV. RECOMMENDATION
V. CONCLUSION
INTRODUCTION
 “To go to law, is for two persons to kindle fire at their
own cost, to warm others, and singe themselves to
cinders; and because they cannot agree to what is truth
and equity, they will both unplume themselves, that
others may be decorated with their feathers.” – Owen
Feltham
 This paper’s focal argument is that the Code of
Professional Responsibility, the singular document laying
down the fundamental imperatives of lawyer’s conduct if
the Philippines, does not sufficiently address the
emergent exigencies of the legal profession,
particularly with regard to the advent of non-
litigation practice areas.
DISCUSSION: The Sociology
of the Professions
Three Elements of the Professions as Gleaned from
the following Theoretical Traditions:
 Weber and the Paradigm of the Market
 the legal profession accords social status to its members.
Such status, rather than the opportunity to amass economic
gains, is the common element that binds all lawyers.
 Marx and Class Structures
 Members of the legal profession are imbued with the social
power to act as mediator between the classes.
 Parsons and the Organizationa of the Professional
Complex
 Lawyers enjoy a singular position in society, thus, there is a
need to regulate the profession and orient its members with
their integrative social functions.
DISCUSSION: Background of
the CPR
Three-Fold Goal of Regulating the Legal
Profession:
1. To protect the public;
2. To protect the administration of justice;
and
3. To preserve the public confidence in the
legal profession.
DISCUSSION: Background of
the CPR
Ways to Impose Discipline among
Lawyers:
1. Professional Codes of Conduct;
2. Civility Codes (which governs lawyer-to-
lawyer relationships);
3. Continuing Legal Education
Requirements; and
4. Requests and pleas for lawyers to
internalize self-regulating norms of
behavior.
DISCUSSION: Background of
the CPR
Brief History of the CPR
 England and Other European Countries
 Oath of Saint Paul: “plead faithfully, not to delay justice or to
deprive the other party of it, but to defend his client bot
according to law and reason.” (1237)
 France oath (13th century)
 Similar to that in England.
 The French Oath was adapted for the lawyers in Switzerland
in 1816 and the same became the primary model for legal
ethics standards in 19th century United States.
 In 1908, the American Bar Association (ABA) adopted the
Canons of Ethics
 Canons 1 to 32 of the 1908 Canons of Professional Ethics of
the US was adopted by the Philippine Bar Assoc. in 1917
 In 1946, Canons 33 to 47 of the same code was adopted by
the Philippines.
 In 1980, the IBP adopted the proposed Code of Professional
Responsibility. It was approved by the SC on June 21, 1988.
DISCUSSION: Content and
Comparative Analysis
Brief History of the CPR
 22 Canons; 4 Chapters
 Bias in favor of litigation practice
 Entire chapter devoted for rules and regulation
governing trial practice while none is reserved
for non-litigation areas.
 19 implementing rules under Chapter III, which
is a quarter of all the rules combined for all the
four chapters.
 Bias trend is seemingly consistent worldwide.
(ex. Canada’s Code of Professional Conduct,
California State Bar’s Rules of Professional
Conduct, Code of Conduct of the Bar of Hong
Kong.
CRITIQUE

The Code has no room for

recognizing emergent practice areas
in law other than litigation.
The Historical Dimension:
Evolution of the Practice of Law

 The earliest lawsuit was a fight.

 The greatest lawyers in history have always
been depicted as advocates.
 In recent times, so that more complex client
transactions are being undertaken requiring
the application of a particular class of laws.
 Gearing towards specialixation
Stewart Jackson v. Nash
(US 1992)

 The US Supreme Court upheld the validity of

Victoria Stewart’s claim that her being assigned in
another department other than the environment
desk (which she alleged was her specialization) of
the law firm she works for entitled her to damages
caused by the retardation of her professional
development and undermining of her career
objectives.
 Model Code for Specialization
 As a response to the clamor for the recognition of special
areas of law practice, the ABA created a committee and
a draft Model Code for Specialization.
 However, the draft encountered a number of oppositions,
mainly invoking the following points:
 Specialization would lead to the stratification of the legal
profession.
 It would breed hierarchical divisions among lawyers based
on the perceived primacy of one practice area over another.
 Area-specific lawyers are no lawyers at all, because they do
not deal with the general, miscellaneous interests of society
but are rather more concerned with understanding the
minutest details of specific areas to detriment of the broad,
universal field of law
 However, all efforts were wasted when the US Supreme
Court decided that the ABA has no right to regulate
claims of specialization.
The Legal Dimension:
Expansion of the Meaning of the
Practice of Law
 Cayetano v. Monsod: Practice of Law means
any activity, in or out of court, which requires
the application of law, legal procedure,
knowledge, training and experience.
 Two consequential implications:
1. It confuses the line that demarcates lawful
and unlawful practice of law.
2. The liberal definition of practice of law
operates as a tacit recognition of the Court of
the changing nature of legal practice and the
differentiation within the legal profession
along the lines of specialized practice areas.
RECOMMENDATION

SHORT-TERM The differentiation within the legal profession

must be recognized.
MEDIUM-TERM The integrated bar must consider convening
a committee to inquire into the possibility of
revising the Code to accommodate these
new developments.
• However, it is not envisioned that The
Code will be able to provide specific rules
governing every practice area foreseeable.
LONG-TERM The Integrated Bar may look into the
possibility of harnessing the organizational
capabilities of members of different practice
areas to codify their own rules of conduct.
• By analogy, the Code of Professional
Responsibility shall become the
Constitution of all lawyers
CONCLUSION

 The key to efficacy of any regulatory mechanism lies in

its relevance to the intended target. If it were to be
effective, it would have to be relevant. If it were to be
relevant, it would have to be meaningful; and meaning
we can attain by letting The Code reflect reality.
 The reality: though there are many practice areas, there
is only one moral chord which we attempt to strike in
each and every lawyer when they are faced with ethical
dilemmas.
 If we could fashion the Code of Professional
Responsibility to function like such a universal crucible,
then it would have served its purpose.