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Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
When a client entrusts a case to a lawyer to handle and the lawyer accepts
theassignment, it is understood that the client has granted him authority, and
thelawyer has assumed the obligation, to take all procedural steps necessary to
prosecute the client's claim or to defend the client's rights in the action.Whatever
decision a lawyer may make or whatever step he may take or fail to take on any of
these procedural questions, even if it will adversely affect theclient's cause, will
generally bind the client and the latter may not be heard tocomplain that the result
of the litigation might have been different had counselproceeded differently.There
are also certain matters, which are known to the lawyer but imputed to the client.
As long as lawyer remains counsel of record, any notice forwarded by the court to
him is also notice to the client. Any mistake or negligence committed by counsel or
his employee is generally binding upon the client. Of course, when the interests of
justice dictate it or when application of the rule would result to grave injustice, the
court may relax the rule. Only ordinary diligence is required of lawyers, or that
which is expected of a good father of a family.A lawyer must also ensure that he
has an efficient system of accepting mail, and of giving to notice to his client and
the court of any change of his address. This is to avoid any unnecessary delay or
other undesirable consequences.
A defense counsel is expected to spare no effort to save his client from an
unrighteous conviction, regardless of his personal opinion as to the guilt of his
client.When accused intends to plead guilty, the lawyer has the duty to acquaint
himself with all the facts and circumstances surrounding the case, inform the
accused of his constitutional rights and all the possible consequences and
repercussions of his plea.When a lawyer is guilty of gross negligence, he may be
criminally liable under Art. 209 of the RPC, civilly liable through actions for
damages, and administratively liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and
shall respond within a reasonable time to the client's request for information.
The client is entitled to the fullest disclosure of the mode or manner by which his
interest is defended or why certain steps are taken or omitted.Keeping the client
fully informed of important developments of his case will minimize occasions for
misunderstanding or loss of trust and confidence in the attorney.A lawyer who
repeatedly disdains to answer the inquiries or communications of his client violates
the rules of professional courtesy and neglects his client's interests.
CANON 19 - A lawyer shall represent his client with zeal within the bounds of the
law
A lawyer owes his client entire devotion to his genuine interest, warm zeal in the
maintenance and defense of his rights and the exertion of his utmost learning and
ability. NO fear of judicial disfavor or public unpopularity should restrain him from
the full discharge of his duty.It demands of him the most unscrupulous performance
of his duty, especially when negligence in the discharge thereof will cause delay in
the administration of justice or prejudice to the rights of the litigant.Public interest
requires that a lawyer exert his best efforts and ability within the bounds of the law
in the prosecution or defense of his client's cause. Thus, he also serves the ends of
justice, does honor to the bar, and helps maintain the respect of the community in
the legal profession.However, it should not amount to obstinacy nor should it be
carried beyond the limits of sobriety and decorum.
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.
Any of the acts mentioned above constitute professional malpractice, which is a
ground for disciplinary action, as by criminally prosecuting a person without
reasonable ground for the purpose of forcing him to grant his client's claim. A
lawyer should employ such means only as are consistent with truth and honor.In
espousing his client's cause, a lawyer should not state his personal belief as to the
soundness or justice of the client's case.Technical defenses, such as lack of
knowledge or information concerning the truth of an allegation must be availed of
with sincerity and good faith; it must neither be used to confuse the adverse party
as to what allegations are really put in issue nor employed to delay the litigation. In
matrimonial cases, lawyers must avoid collusion, or even only appearances of
collusion.
Rule 19.02 - A lawyer who has received information that his client has, in the course
of the representation, perpetuated 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.
The lawyer's duty to be candid and to secure for his client only that which is legally
and justly due him precludes him from sanctioning the client's act of perpetuating a
fraud upon the adverse party or the court.A lawyer should prevent his client from
any act of impropriety. If the client persists in such wrong doing, the lawyer should
terminate his relation with him.However, the lawyer may not divulge information
regarding the fraud since it is his duty to preserve the confidence and secrets of his
client even after the attorney-client relationship has been terminated.
Dalisay vs Mauricio
Acceptance of Attorney‟s fees is a form of agreeing with the Attorney-Client
relationship. When a lawyer takes a client’s cause, he covenants that he will
exercise due diligencein protectingthe client‟s rights.