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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 theassignmen t, 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 counselpr oceeded differently.Ther e 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 dic tate it or when a pplication of the rule wou ld result to grave injust ice, 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 convic tion, regardless of his personal opinion as to the guilt of his client.When accu sed intends to plead guilty, the lawyer has the duty to acquaint himself with all the facts and circumstances surroundin g 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 misunders tanding 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.

Code of Professional Responsibility Own Report

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Page 1: Code of Professional Responsibility Own Report

 

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.

Page 2: Code of Professional Responsibility Own Report

 

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.

Page 3: Code of Professional Responsibility Own Report

 

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.