Ethics Full Reviewer

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Legal Ethics Chapter I Lawyer and Society

LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owesto the court, to the client, to his colleagues in the profession and to the public as embodied in theConstitution, Rules of Court, the Code of Professional Responsibility, Canons of ProfessionalEthics, jurisprudence, moral laws and special laws.

Original Bases of Legal Ethics:

1. Canons of Professional Ethics

2. Supreme court ecisions

!. Statistics

". Constitution

#. $reatises and publications

resent Basis of the hilippine Legal Syste!: Code of Professional Responsibility.

BA" #$ BE%CH

BA"% Refers to the whole body of attorneys and body of judges.

BE%CH% denotes the whole body of counselors, collecti&ely the members of

the legal profession.

ractice of Law any acti&ity, in or out of court which re'uires the application of law, legalprocedure, (nowledge, training and e)perience. $o engage in the practice of law is to gi&e noticeor render any (ind of ser&ice, which or de&ise or ser&ice re'uires the use in any degree of legal(nowledge or s(ill *Cayetano v. Monsod, 201 SCRA 210).

Attorney&at&law'Co(nsel&at&law'Attorney'Co(nsel' A)ogado'Boceros: that class ofpersons who are licensed o+cers of the courts, empowered to appear prosecute and defend andupon whom peculiar duties, responsibilities, and liabilities are de&eloped by law as aconse'uence(Cui v. Cui, 120 Phil. 2!).

Attorney in fact an agent whose authority is strictly limited by the instrument appointing him,though he may do things not mentioned in his appointment necessary to the performance of theduties specically re'uired of him by the power of attorney appointing him, such authority beingnecessarily implied. -e is not necessarily a lawyer.

Co(nsel de Ofcio a counsel, appointed or assigned by the court, from among members of thear in good standing who, by reason of their e)perience and ability, may ade'uately defend theaccused.

"ote#/n localities where members of the ar are not a&ailable, the court may appoint anyperson, resident of the pro&ince and good repute for probity and ability, to defend theaccused. Se$. , Rule 11%, Rules of Court.

Attorney ad hoc a person named and appointed by the court to defend an absenteedefendant in the suit in which the appointment is made *&ienvenu v. 'a$tors of raders*nsuran$e Cp., ++ a.Ann.20!)

Attorney of "ecord one who has led a notice of appearance and who hence is formallymentioned in court records as the o+cial attorney of the party. Person whom the client hasnamed as his agent upon whom ser&ice of papers may be made.

*Reynolds v. Reynolds, Cal.2d-0).

Of Co(nsel to distinguish them from attorneys of record, associate attorneys are referred to as0of counsel *- A/. ur. 2%1).

Lead Co(nsel $he counsel on their side of a litigated action who is charged with the principalmanagement and direction of a partys case.

Ho(se Co(nsel 3awyer who acts as attorney for business though carried as an employee ofthat business and not as an independent lawyer.

Bar Association% an association of members of the legal profession.

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Ad*ocate $he general and popular name for a lawyer who pleads on behalf of someone else.

Barrister *England5 % a person entitled to practice law as an ad&ocate or counsel in superiorcourt.

roctor*England5 % 6ormerly, an attorney in the admiralty and ecclesiastical courts whoseduties and business correspond to those of an attorney at law or solicitor in Chancery.

Titulo de Abogado it means not mere possession of the academic degree of achelor of

3aws but membership in the ar after due admission thereto, 'ualifying one for the practice oflaw.

Ad!ission to the ractice of Law

$he S(pre!e Co(rthas the power to control and regulate the practice of law. $hus, theConstitution, under 7rticle 8///, Sec. # *#5 pro&ides9

Se$. -. he Supre/e Court shall have the folloin poers#

(-) Pro/ulate rules $on$ernin the prote$tion and enfor$e/ent of $onstitutional rihts,pleadin, pra$ti$e and pro$edure in all $ourts, the ad/ission to the pra$ti$e of la, the*nterated &ar, and leal assistan$e to the under privileed.

$he Supreme Court acts through a Bar E+a!ination Co!!itteein the E)ercise of his judicialfunction to admit candidates to the legal profession.

The Bar E+a!ination Co!!ittee:

Composed of *15 member of the Supreme Court who acts as Chairman and eight *:5members of the bar.

$he : members act as e)aminers for the : bar subjects with one subject assigned to each.

$he ar Condant acts as a sort of liason o+cer between the court and the ar Chairmanon the other hand, and the indi&idual members of the committee on the other. -e is at

the same time a deputy cler( of court.

7dmission of e)aminees is always subject to the nal appro&al of the court.

ractice of Law

$he practice of law is a pri&ilege granted only to those who possess the S$R/C$ /;$E33EC$R73 ?;S re'uired of lawyers who are instruments in the e@ecti&e ande+cient administration of justice. **n Re# Arosino, 1!!).

"e,(ire!ents for ad!ission to the Bar:

1. citiAen of the Philippines

2. at least 21 years old

!. of good moral character

". Philippine resident

#. Production before the supreme court satisfactory e&idence of9

1. good moral character

2. no charges against him, in&ol&ing moral turpitude, ha&e been led or are pending inany court in the Philippines.

"e,(ire!ent of Good -oral Character: a continuing re'uirementB good moral character isnot only a condition precedent for admission to the legal profession, but it must also remainintact in order to maintain ones good standing in that e)clusi&e and honored fraternity. *apu$arvs. apu$ar, 1!!)

Acade!ic "e,(ire!ents for Candidates:

1. a bachelors degree in arts and sciences *prelaw course5

2. a completed course in9

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1. ci&il law

2. commercial law

!. remedial law

". public international law

#. pri&ate international law

D. political law

. labor and social legislation

:. medial jurisprudence

F. ta)ation

1G.legal ethics

%on&lawyers who !ay )e a(thori.ed to appear in co(rt:

1. Cases before the MC9 Party to the litigation, in person >R through an agent or friend or

appointed by him for that purpose *Se$. +3, Rule 1+, RRC)

2. &efore any other $ourt9 Party to the litigation, in person **bid.)

!. Cri/inal $ase before the MC in a lo$ality here a duly li$ensed /e/ber of the &ar is notavailable9 the judge may appoint a nonlawyer who is9

1. resident of the pro&ince

2. of good repute for probity and ability to aid the accused in his defense (Rule 11%,Se$. , RRC).

". 3egal 7id Program % 7 senior la student, who is enrolled in a recogniAed law schools

clinical education program appro&ed by the supreme Court may appear before any courtwithout compensation, to represent indigent clients, accepted by the 3egal Clinic of thelaw school. he student shall be under the dire$t supervision and $ontrol of an *&P/e/ber duly a$$redited by the la s$hool.

#. SI (*bid.)

!. Io&ernment prosecutors (People v. 5illanueva, 13 SCRA 10!).

". President, 8icePresident, members of the cabinet, their deputies and assistants (Art. 5***Se$. 1-, 1! Constitution).

#. =embers of the Constitutional Commission (Art *67A, Se$. 2, 1! Constitution)

D. >mbudsman and his deputies (Art. *6, Se$. (2ndpar), 1! Constitution)

. 7ll go&ernors, city and municipal mayors (R.A. "o. 1%0, Se$. !0).

:. $hose prohibited by special law

()lic O/cials with "estrictions in the ractice of Law:

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1. 1. ;o Senator as member of the -ouse of Representati&e may personally appear ascounsel before any court of justice as before the Electoral $ribunals, as 'uasijudicial andother administration bodies (Art. 5*, Se$. 13, 1! Constitution).

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D. to abstain from all o@ensi&e personality and to ad&ance no fact prejudicial to the honor orreputation of a party or witness, unless re'uired by the justice of the cause with which heis chargedB

. not to encourage either the commencement or the continuance of an action orproceeding, or delay any mans cause for any corrupt moti&e or interestB

:. ne&er to reject, for any consideration personal to himself, the cause of the defenseless oroppressedB

F. in the defense of a person accused of a crime, by all fair and honorable means, regardlessof his personal opinion as to the guilt of the accused, to present e&ery defense that thelaw permits, to the end that no person may be depri&ed of life or liberty, but by dueprocess of law.

"(le 1$41 A lawyer shall not engage in (nlawf(l2 dishonest2 i!!oral or deceitf(lcond(ct$

Con&iction for crimes in&ol&ing moral turpitude % a number of lawyers ha&e beensuspended or disbarred for con&iction of crimes in&ol&ing moral turpitude such as9

1. estafa

2. bribery

!. murder

". seduction

#. abduction

D. smuggling

. falsication of public documents

-orality as (nderstood in law $his is a human standard based on natural moral lawwhich is embodied in mans conscience and which guides him to do good and a&oid e&il.

-oral T(rpit(de:any thing that is done contrary to justice, honesty, modesty or goodmorals.

I!!oral Cond(ct:that conduct which is willful, Jagrant, or shameless and which showsa moral indi@erence to the opinion of the good and respectable members of thecommunity (Ar$ia vs. Mania, 10% SCRA -!1).

Grossly I!!oral Cond(ct:>ne that is so corrupt and false as to constitute a criminalact or so unprincipled or disgraceful as to be reprehensible to a high degreeB it is aK/336R73 /;/66ERE;CE to the

opinion of respectable members of the community. *"ara vs. "ara, 1!!)

"(le 1$45% 7 lawyer shall not counsel or abet acti&ities aimed at deance of the law or atlessening condence in the legal system.

"(le 1$46 A lawyer shall not2 for any corr(pt !oti*e or interest2 enco(rage any s(itor proceeding or delay any !an0s ca(se$

"(le 1$47 A lawyer shall enco(rage his clients to a*oid2 end or settle the contro*ersyif it will ad!it of a fair settle!ent$

/f a lawyer nds that his clients cause is defenseless, it is his burdenLduty to ad&ise thelatter to ac'uiesce and submit, rather than tra&erse the incontro&ertible.

/t is unprofessional for a lawyer to &olunteer ad&ice to bring a lawsuit, e)cept in rare caseswhere the blood, relationship or trust ma(es it his duty to do so.

$emper clients propensity to litigate.

Should not be an instigator of contro&ersy but a mediator for concord and conciliator forcompromise.

$he law &iolated need not be a penal law. 0Moral urpitude % e&erything which is donecontrary to justice, honesty, modesty or good morals.

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Ii&e ad&ice tending to impress upon the client and his underta(ing e)act compliance withthe strictest principles of moral law.


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2. >rdinary simple professional Card. /t may contain only a statement of his name, the nameof the law rm which he is connected with, address, telephone number and the specialbranch of law practiced.

!. 7 simple announcement of the opening of a law rm or of changes in the partnership,associates, rm name or o+ce address, being for the con&enience of the profession, is notobjectionable.

". 7d&ertisements or simple announcement of the e)istence of a lawyer or his law rm

posted anywhere it is proper such as his place of business or residence e)cept courtroomsand go&ernment buildings.

#. 7d&ertisements or announcement in any legal publication, including boo(s, journals, andlegal magaAines.

"(le 5$47 A lawyer shall not charge rates lower than those c(sto!arily orprescri)ed2 (nless circ(!stances so warrant$

7 lawyer cannot delay the appro&al of a compromise agreement entered into betweenparties, just because his attorneys fees were not pro&ided for in the agreement.

Rule9 7 lawyer cannot compromise the case without clients consent *special authority5.

E)ception9 3awyer has e)clusi&e management of the procedural aspect of the litigation*e.g. Submission for decision on the e&idence so far presented. ut in case where lawyer isconfronted with an emergency and promptLurgent action is necessary to protect clientsinterest and theres no opportunity for consultation, the lawyer may compromise.

Rule9 Refrain from charging rates lower than the customary rates.

#alid ;(sti A lawyer shall 8eep a)reast of legal de*elop!ents2 participate incontin(ing legal ed(cation progra!s2 s(pport e9orts to achie*e high standards in lawschools as well as in the practical training of st(dents and assist in disse!inatinginfor!ation regarding the law and (rispr(dence$

O)ecti*es of integration of the Bar

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$o ele&ate the standards of the legal profession

$o impro&e the administration of justice

$o enable the ar to discharge its responsibility more e@ecti&ely.

The three&fold o)ligation of a lawyer

6irst, he owes it to himself to continue impro&ing his (nowledge of the lawsB

Second, he owes it to his profession to ta(e an acti&e interest in the maintenance of highstandards of legal educationB

$hird, he owes it to the lay public to ma(e the law a part of their social consciousness.

CA%O% ? These canons shall apply to lawyers in go*ern!ent ser*ice in thedischarge of their o/cial tas8s$

Publi$ 4$ials% include electi&e and appointi&e o+cials and employees, permanent ortemporary, whether in the career or noncareer ser&ice, including military and policepersonnel, whether or not they recei&e compensation, regardless of amount. (Se$. + (b),RA %1+).

$he law re'uires the obser&ance of the following norms of conduct by e&ery public o+cialin the discharge and e)ecution of their o+cial duties9

1. commitment to public interest

2. professionalism

!. justness and sincerity

". political neutrality

#. responsi&eness to the public

D. nationalism and patriotism

. commitment to democracy

:. simple li&ing *Se$. 3, RA %1+)

"(le ?$41 The pri!ary d(ty of a lawyer engaged in p()lic prosec(tion is not tocon*ict )(t to see that (stice is done$ The s(ppression of facts or the conceal!ent ofwitnesses capa)le of esta)lishing the innocence of the acc(sed is highlyreprehensi)le and is ca(se of disciplinary action$

"(le ?$45 A lawyer in the go*ern!ent ser*ice shall not (se his p()lic position to

pro!ote or ad*ance his pri*ate interest2 nor allow the latter to interfere with hisp()lic d(ties$

"(le ?$46 A lawyer shall not2 after lea*ing go*ern!ent ser*ice2 accept engage!entsor e!ploy!ent in connection with any !atter in which he had inter*ened while in saidser*ice$

8arious ways a go&ernment lawyer lea&es go&ernment ser&ice9

1. retirement

2. resignation

!. e)piration of the term of o+ce". dismissal

#. abandonment

@: =hat are the pertinent stat(tory pro*isions regarding this "(le

79 Sec. ! *d5 R7 !G1F as amended and Sec. *b5, R7 D1!

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Sec !. Corrupt pra$ti$e of Publi$ 4$ers. /n addition to acts or omission of public o+cersalready penaliAed by e)isting law, the following shall constitute corrupt practice of any publico+cer and are hereby declared to be unlawful9

*d5 accepting or ha&ing any member of his family accept employment in a pri&ate enterprisewhich has pending o+cial business with him during the pendency thereof or within one yearafter termination.

Section *b5 of R7 D1! prohibits o+cials from doing any of the following acts9

1. own, control, manage or accept employment as o+cer, employee, consultant, counsel,bro(er, agent, trustee or nominee in any pri&ate enterprise regulated, super&ised orlicensed by their o+ce unless e)pressly allowed by law.

$hese prohibitions shall continue to apply for a period of one *15 year after resignation,retirement, or separation from public o+ce, e)cept in the case of subparagraph *b5 *25 abo&e,but the professional concerned cannot practice his profession in connection with any matterbefore the o+ce he used to be with, in which case the one year prohibition shall li(ewise apply.

3awyers in the go&ernment ser&ice are prohibited to engage in the pri&ate practice of theirprofession unless authoriAed by the constitution or law, pro&ided that such practice will notconJict or tend to conJict with their o+cial functions.

=isconduct in o+ce as a public o+cial may be a ground for disciplinary action *if of suchcharacter as to a@ect his 'ualication as lawyer or to show moral delin'uency5.

Should recommend the ac'uittal of the accused whose con&iction is on appeal, /6 he ndsno legal basis to sustain the con&iction.

/ncludes restriction is representing conJicting interest *e.g. 7ccepting engagements &s.former employer, P;5

$he >SI is not authoriAed to represent a public o+cial at any state of a criminal case.

Legal Ethics Chapter II Lawyer and Society

Chapter II The Lawyer and the Legal rofession

CA%O% A lawyer shall at all ti!es (phold the integrity and dignity of the legalprofession2 and s(pport the acti*ities of the integrated )ar$

"(le $41 A lawyer shall )e answera)le for 8nowingly !a8ing false state!ents ors(ppressing a !aterial fact2 in connection with his application for ad!ission to the)ar$

"(le $45 A lawyer shall not s(pport application for ad!ission to the )ar )y anyperson 8nown to hi! or )e (n,(ali


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"(le $45 A lawyer shall not2 directly or indirectly2 encroach (pon the professionale!ploy!ent of another lawyerF howe*er2 it is the right of any lawyer witho(t fear orfa*or2 to gi*e proper ad*ice and assistance to those see8ing relief against (nfaithf(lor neglectf(l co(nsel$

/t is the duty of a lawyer to inform the SC or the /P of such malpractice to the end thatthe malpractitioner be properly disciplined.

;ot to use in pleadings and in practice the following9 disrespectful, abusi&e and abrasi&e

language, o@ensi&e personalities, unfounded accusations or intemperate words tending toobstruct, embarrass or inJuence the court in administering justice.

Kant of intention9 not an e)cuse for the disrespectful language used. /t merely e)tenuatesliability.

CA%O% A lawyer shall not directly or indirectly assist in the (na(thori.ed practiceof law$

"(le $41 A lawyer shall not delegate to any (n,(ali


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"(le 14$46 A lawyer shall o)ser*e the r(les of proced(re and shall not !is(se the!to defeat the ends of (stice$

Hudgelawyer relationship9 based on independence and selfrespect.

3awyers duty to the court9

1. respect and loyalty

2. fairness, truth and candor!. no attempt to inJuence courts

Cases of falsehood:

1. stating in the eed of Sale that property is free from all liens and encumbrances when notso

2. encashing chec( payable to a deceased cousin by signing the latters name on the chec(

!. falsifying a power of attorney and using it in collecting the money due to the principal

". alleging in one pleading that the clients were mere lessees and in another pleading thatthe same clients were owners

#. presenting falsied documents in court which he (nows to be false

D. ling false charges on groundless suits

. using in pleadings the /P number of another lawyer

:. unsolicited appearances

F. use of ctitious residence certicate

1G.mis'uotationLmisrepresentation

11.citing a repealed or amended pro&ision

12.asserting a fact not pro&ed

1!.&erbatim reproductions down to the last word and punctuation mar(

1".slight typo mista(e9 not su+cient to place him in contempt

CA%O% 11 A lawyer shall o)ser*e and !aintain the respect d(e to the co(rts and to(dicial o/cers and sho(ld insist on si!ilar cond(ct )y

others$

"(le 11$41 A lawyer shall appear in co(rt properly attired$

7 lawyer may ;>$ wear outlandish or colorful clothing to court.

7s an o+cer of the court and in order to maintain the dignity and respectability of thelegal profession, a lawyer who appears in court must be properly attired. Conse'uently,the court can hold a lawyer /; C>;$E=P$ of court if he does not appear in proper attire.7ny de&iation from the commonly accepted norm of dressing in court *barong or tie, notboth5 is enough to warrant a citing for contempt.

"(le 11$45 A lawyer shall p(nct(ally appear at co(rt hearings$

"(le 11$46 A lawyer shall a)stain fro! scandalo(s2 o9ensi*e2 or !enacing lang(ageor )eha*ior )efore the co(rts$

"(le 11$47 A lawyer shall not attri)(te to a (dge !oti*es not s(pported )y therecord or ha*ing no !ateriality to the case$

"(le 11$4> A lawyer shall s()!it grie*ances against a (dge to the propera(thorities already$

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7 lawyer is an o+cer of the court. -e occupies a 'uasijudicial o+ce with a tripartiteobligation to the courts, to the public and to his clients.

$he public duties of the attorney ta(e precedence o&er his pri&ate duties. -is rst duty isto the courts. Khere duties to the courts conJict with his duties to his clients, the lattermust yield to the former.

3awyers must be respectful not only in actions but also in the use of language whether inoral arguments or in pleadings.

=ust e)ert e@orts that others *including clients, witnesses5 shall deal with the courts andjudicial o+cers with respect.

>bedience to court orders and processes.

Criticisms of courts must not spill the walls of decency. $here is a wide di@erence betweenfair criticism and abuse and slander of courts and judges. /ntemperate and unfair criticismis a gross &iolation of the duty to respect the courts. /t amounts to misconduct whichsubjects the lawyer to disciplinary action.

7 mere disclaimer of any intentional disrespect by appellant is not a ground fore)oneration. -is intent must be determined by a fair interpretation of the languagesemployed by him. -e cannot escape responsibility by claiming that his words did notmean what any reader must ha&e understood them to mean.

3awyer can demand that the misbeha&ior of a judge be put on record.

3awyers must be courageous enough to e)pose arbitrariness and injustice of courts andjudges.

7 lawyer may submit grie&ances against judges in the Supreme Court, >mbudsman, orCongress *for impeachment of SC judges only5.

CA%O% 15 A lawyer shall e+ert e*ery e9ort and consider it his d(ty to assist in thespeedy and e/cient ad!inistration of (stice$

"(le 15$41 A lawyer shall not appear for trial (nless he has ade,(ately preparedhi!self with the law and the facts of his case2 the e*idence he will add(ce and theorder of its preference$ He sho(ld also )e ready with the original doc(!ents forco!parison with the copies$

;ewly hired counsel9 must ac'uaint himself with all the antecedent proceedings andprocesses that ha&e transpired in the record prior to his ta(eo&er.

/f presenting documentary e)hibits, he must be ready with the originals for the purpose of

comparison with copies thereof.

"(le 15$45 A lawyer shall not ; caused the courts and partylitigants by a party who as(s di@erent courts to ruleon the same related causes, as(ing the same relief.

6orum shopping constitutes /REC$ C>;$E=P$ of court and may subject the o@endinglawyer to disciplinary action.

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"(le 15$46 A lawyer shall not2 after o)taining e+tensions of ti!e to A lawyer shall refrain fro! tal8ing to his witness d(ring a )rea8 or recessin the trial2 while the witness is still (nder e+a!ination$

"(le 15$4? A lawyer shall not 8nowingly assist a witness to !isrepresent hi!self orto i!personate another$

"(le 15$4 A lawyer shall not a)(se2 )row)eat or harass a witness nor needlesslyincon*enience hi!$

Rihts and obliations of a itness ? a witness must answer 'uestions, although his answer maytend to establish a claim against him. -owe&er, it is the right of a witness9

1. to be protected from irrele&ant, improper, or insulting 'uestions and from harsh or

insulting demeanorB

2. not to be detained longer than the interest of justice re'uiresB

!. not to be e)amined e)cept only as to matters pertinent to the issueB

". not to gi&e any answer which will tend to subject him to a penalty for an o@ense unlessotherwise pro&ided by law, or

#. nor to gi&e answer which will tend to degrade his reputation, unless it be to the &ery factat issue or to a fact from which the fact in issue would be presumed. ut a witness mustanswer to the fact of his pre&ious nal con&iction for an o@ense. *Rule 1+2, Se$. +, RRC)

"(le 15$4 A lawyer shall a*oid testifying in )ehalf of his client2 e+cept:

1. a$ on for!al !atters2 s(ch as the !ailing2 a(thentication or c(stody of aninstr(!ent and the li8e:

2. )$ on s()stantial !atters2 in cases where his testi!ony is essential to theends of (stice2 in which e*ent he !(st2 d(ring his testi!ony2 entr(st the trial ofthe case to another co(nsel$

CA%O% 16 A lawyer shall rely (pon the !erits of his ca(se and refrain fro! anyi!propriety which tends to inD(ence2 or gi*es the appearance of inD(encing the

co(rt$

"(le 16$41 A lawyer shall not e+tend e+traordinary attention or hospitality to2 norsee8 opport(nity for2 c(lti*ating fa!iliarity with (dges$

"(le 16$45 A lawyer shall not !a8e p()lic state!ents in the !edia regarding apending case tending to aro(se p()lic opinion for or against a party$

"(le 16$46 A lawyer shall not )roo8 or in*ite interference )y another )ranch oragency of the go*ern!ent in the nor!al co(rse of (dicial proceedings$

$he judge has the corresponding duty not to con&ey or permit others to con&ey theimpression that they are in a special position to inJuence the judge.

iscussing cases with the judge pri&ately should be a&oided.

$est when public statement is contemptuous9 $he character of the act done and its directtendency to pre&ent and obstruct the discharge of o+cial duty.

$o warrant a nding of 0prejudicial publicity, there must be an allegation and proof thatthe judges ha&e been unduly inJuenced, not simply that they might be, by the 0barrageof publicity.

3awyer is e'ually guilty as the client if he induces the latter to cause the publicity.

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Legal Ethics Chapter I# The Lawyer and the Client

Chapter I#4 The Lawyer and the Client

CA%O% 17 A Lawyer shall not ref(se his ser*ices to the needy$

"(le 17$41 A lawyer shall not decline to represent a person solely on acco(nt of thelatter0s race2 se+2 creed or stat(s of life2 or )eca(se of his own opinion regarding theg(ilt of said person$

"(le 17$45 A lawyer shall not decline2 e+cept for serio(s and s(/cient ca(se2 anappoint!ent as co(nsel de ofcioor as amicus curaeor a re,(est fro! the IntegratedBar of the hilippines or any of its chapters for rendition of free legal aid$

"(le 17$46 A lawyer !ay ref(se to accept representation of a client if:

1. a$ He is not in position to carry o(t the wor8 e9ecti*ely and co!petently$

2. )$ He la)ors (nder conDict of interest )etween hi! and the prospecti*e clientor )etween a present client and the prospecti*e client$

"(le 17$47 A lawyer who accepts the ca(se of a person (na)le to pay his

professional fees shall o)ser*e the sa!e standard of cond(ct go*erning his relationswith paying clients$

3(ties to Client:

1. owe utmost learning and ability

2. maintain in&iolate the condence of the client

!. disclose all circumstancesLinterest regarding the contro&ersy

". undi&ided loyalty

#. not reject cause of defenseless and oppressed

D. candor, fairness and loyalty

. hold in trust money or property

:. respond with Aeal to the cause of the client

Appoint!ent ofAmicus Curae

1. by application to the judge

2. the judge on his own initiati&e may in&ite the lawyer

!. no right to interfere with or control the condition of the record, no control o&er the suit

Cannot refuse on the ground of insu+cient of compensation or lac( of it

CA%O% 1> A lawyer shall o)ser*e candor2 fairness and loyalty in all his dealings andtransactions with his client$

"(le 1>$41 A lawyer in conferring with a prospecti*e client2 shall ascertain as soonas practica)le whether the !atter wo(ld in*ol*e a conDict with another client or hisown interest2 and if so2 shall forthwith infor! the prospecti*e client$

"(le 1>$45 A lawyer shall )e )o(nd )y the r(le on pri*ilege co!!(nication inrespect of !atters disclosed to hi! )y a prospecti*e client$

"(le on "e*ealing Client0s Identity

General "(le9 7 lawyer may not in&o(e pri&ilege communication to refuse re&ealing aclients identity. (Reala vs. Sandianbayan, 2%2 SCRA 122, Septe/ber 20, 1!!%)

E+ceptions:

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1. Khen by di&ulging such identity, it would implicate the client to that same contro&ersy forwhich the lawyers ser&ices were re'uired.

2. /t would open client to ci&il liability

!. $he disclosure of such identity will pro&ide for the only lin( in order to con&ict the accused,otherwise, the go&ernment has no case.

Re'uisites of Pri&ileged Communication9

1. 7tty.client relationship *or a (ind of consultancy relationship with a prospecti&e client

2. Communication made by client to lawyer in the course of lawyers professionalemployment

!. Communication is intended to be condential *see Rule 1!G, Sec. 21*b5, Rules of Court5

Khen communication is not pri&ileged9

1. after pleading has been led

2. communication intended by the client to be sent to a third person through his counsel *it

loses its condential character as soon as it reaches the hands of third person5 E&en if the communication is unpri&ileged, the rule of ethics prohibits him from &oluntarily

re&ealing or using to his benet or to that of a third person, to the disad&antage of theclient, the said communication unless the client consents thereto.

$his is applicable to students under the Student Practice 3aw Program

"(le 1>$46 A lawyer shall not represent conDicting interests e+cept )y writtenconsent of all concerned gi*en after a f(ll disclos(re of the facts$

"(le on ConDicting Interest /t is generally the rule based on sound public policy that an attorney cannot representad&erse interest. /t is highly improper to represent both sides of an issue. $he proscriptionagainst representation of conJicting interest nds application where the conJicting interestarises with respect to the same general matter and is applicable howe&er slight such ad&erseinterest may be. /t applies although the attorneys intention and moti&es were honest and heacted in good faith. -owe&er, representation of conJicting interest may be allowed where theparties consent to the representation after full disclosure of facts. *"a;pil vs. 5alde, 2% SCRA-).

General "(le: 7n attorney cannot represent ad&erse interest.

E+ception: Khere the parties consent to the representation after full disclosure of facts.

he BS in deter/inin ConDi$tin *nterest#$he test is whether or not the acceptance ofa new relation will pre&ent an attorney from the full discharge of his duty of indi&idualdelity and loyalty to his client or in&ite suspicion of unfaithfulness in doubledealing in theperformance thereof.(iana vs. 4$a/po)

"(le 1>$47 A lawyer !ay2 with the written consent of all concerned2 act as !ediator2conciliator or ar)itrator in settling disp(tes$

"(le 1>$4> A lawyer2 when ad*ising his client2 shall gi*e a candid and honest opinionon the !erits and pro)a)le res(lts of the client0s case2 neither o*erstating nor(nderstating the prospects of the case$

"(le 1>$4? A lawyer shall not state nor i!ply that he is a)le to inD(ence any p()lico/cial2 tri)(nal or legislati*e )ody$

"(le 1>$4 A lawyer shall i!press (pon his client co!pliance with the laws and theprinciples of fairness$

"(le 1>$4 A lawyer who is engaged in another profession or occ(pationconc(rrently with the practice of law shall !a8e clear to his client whether he isacting as a lawyer or in another capacity$

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3awyers should refrain from gi&ing any ad&ice unless they ha&e obtained su+cientunderstanding of their clients cause. 7 careful in&estigation and e)amination of the factsmust rst be had before any legal opinion be gi&en by the lawyer to the client.

$o a&oid breach of legal ethics, a lawyer should (eep any business, in which is engaged inconcurrently with the practice of law, entirely separate and apart from the latter.

CA%O% 1? A lawyer shall hold in tr(st all !oneys and properties of his client that!ay co!e into his possession$

"(le 1?$41 A lawyer shall acco(nt for all !oney or property collected or recei*ed foror fro! the client$

"(le 1?$45 A lawyer shall 8eep the f(nds of each client separate and apart fro! hisown and those of others 8ept )y hi!$

"(le 1?$46 A lawyer shall deli*er the f(nds and property of his client when d(e or(pon de!and$ Howe*er2 he shall ha*e a lien o*er the f(nds and !ay apply so !(chthereof as !ay )e necessary to satisfy his lawf(l fees and dis)(rse!ents2 gi*ingnotice pro!ptly thereafter to his client$ He shall also ha*e a lien to the sa!e e+tent

on all (dg!ents and e+ec(tions he has sec(red for his client as pro*ided for the"(les of Co(rt$

Attorneys iens ? an attorney shall ha&e a lien upon the funds, documents and papers ofhis client which ha&e lawfully come into his possession and may retain the same until his lawfulfees and disbursements ha&e been paid, and may apply such nds to the satisfaction thereof.-e shall also ha&e a lien to the same e)tent upon all judgements for the payment of money, ande)ecutions issued in pursuance of such judgements which he has secured in a litigation of hisclient, from and after the time when he shall ha&e caused a statement of his claim of such lien tobe entered upon the records of the court rendering such judgement, or issuing such e)ecution,and shall ha&e caused written notice thereof to be deli&ered to his client and to the ad&ersepartyB and he shall ha&e the same right and power o&er such judgments and e)ecutions as his

client would ha&e to enforce his lien and secure the payment of his fees anddisbursements. *Sec, !, Rule 1!:, RRC5

"(le 1?$47 A lawyer shall not )orrow !oney fro! his client (nless the client0sinterests are f(lly protected )y the nat(re of the case or )y independent ad*ice$%either shall a lawyer lend !oney to a client e+cept2 when in the interest of (stice2he has to ad*ance necessary e+penses in the legal !atter he is handling for theclient$

7ttorneys lien is not an e)cuse for nonrendition of accounting

Cannot disburse clients money to clients creditors without authority.

6ailure to deli&er upon demand gi&es rise to the presumption that he has misappropriatedthe funds for his own use to the prejudice of the client and in &iolation of the trust reposedin him.

;otify client if retaining lien shall be implemented

Khen a lawyer enforces a charging lien against his client, the clientlawyer relationship isterminated.

$he principle behind Rule 1D.G" is to pre&ent the lawyer from ta(ing ad&antage of hisinJuence o&er the client or to a&oid ac'uiring a nancial interest in the outcome of thecase.

CA%O% 1 A lawyer owes


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/t is the duty of the lawyer at the time of retainer to disclose to the client all thecircumstances of his relations to the parties and any interest in, or connection with, thecontro&ersy which might inJuence the client in the selection of counsel.

$he lawyer owes loyalty to his client e&en after the relation of attorney and client hasterminated. /t is not good practice to permit him afterwards to defend in another caseother persons against his former client under the prete)t that the case is distinct from andindependent of the former case.

CA%O% 1 A lawyer shall ser*e his client with co!petence and diligence$

"(le 1$41 A lawyer shall not (nderta8e a legal ser*ice which he 8nows or sho(ld8now that he is not ,(ali


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3awyer should do his best e@orts to restrain and to pre&ent his clients from perpetratingacts which he himself ought not to do. >r else, withdraw. ut lawyer shall not &olunteerthe information about the clients commission of fraud to anyone % counter to duty tomaintain clients condence and secrets.

CA%O% 54 A lawyer shall charge only fair and reasona)le fees$

"(le 54$41 A lawyer shall )e g(ided )y the following factors in deter!ining his fees:

a$ The ti!e spent and the e+tent of the ser*ices rendered or re,(ired$

)$ The no*elty and di/c(lty of the ,(estions in*ol*edF

c$ The i!portance of the s()ect !atterF

d$ The s8ill de!andedF

e$ The pro)a)ility of losing other e!ploy!ent as a res(lt of acceptance of thepro9ered caseF

f$ The c(sto!ary charges for si!ilar ser*ices and the sched(le of fees of theIB chapter to which he )elongsF

g$ The a!o(nt in*ol*ed in the contro*ersy and the )ene


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1. =eneral Retaineror Retainin 'ee % it is the fee paid to a lawyer to secure his futureser&ices as general counsel for any ordinary legal problem that may arise in the ordinarybusiness of the client and referred to him for legal actionB

2. Spe$ial Retainer ? that is a fee for a specic case or ser&ice rendered by the lawyer for aclient

Fuantu/ Meruit ?it means 0as much as he deser&es2 and is used as the basis fordetermining the lawyers professional fees in the absence of a contract, but reco&erable by

him from his client.

Fuantu/ Meruit is resorted to where9

1. there is no e)press contract for payment of attorneys fees agreed upon between thelawyer and the clientB

2. when although there is a formal contract for attorneys fees, the stipulated fees are foundunconscionable or unreasonable by the court.

!. Khen the contract for attorneys fees is &oid due to purely formal matters or defects ofe)ecution

". Khen the counsel, for justiable cause, was not able to nish the case to its conclusion

#. Khen lawyer and client disregard the contract for attorneys fees.

S(ill9 length of practice is not a safe criterion of professional ability.

"(le 54$45 A lawyer shall2 in cases of referral2 with the consent of the client2 )eentitled to a di*ision of fees in proportion to the wor8 perfor!ed and responsi)ilityass(!ed$

"(le 54$46 A lawyer shall not2 witho(t the f(ll 8nowledge and consent of the client2accept any fee2 reward2 costs2 co!!ission2 interest2 re)ate or forwarding allowanceor other co!pensation whatsoe*er related to his professional e!ploy!ent fro!

anyone other than the client$

"(le 54$47 A lawyer shall a*oid contro*ersies with clients concerning hisco!pensation and shall resort to (dicial action only to pre*ent i!position2 in(sticeor fra(d$


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7 lawyer should try to settle amicably any di@erences on the subject. 7 lawyer has 2options. Hudicial action to reco&er attorneys fees9

1. /n same case9 Enforce attorneys fees by ling an appropriate motion or petition as anincident to the main action where he rendered legal ser&ices.

2. /n a separate ci&il action.

CA%O% 51 A lawyer shall preser*e the conbligation to (eep secrets co&ers only lawful purposes

E)ceptions9

1. announcements of intention of a client to commit a crime

2. client jumped bail and lawyer (nows his whereaboutsB or client is li&ing somewhere underan assumed name

!. communication in&ol&es the commission of future fraud or crime but crimesLfrauds0already committed falls within the pri&ilege.

"(le 51$45 A lawyer shall not2 to the disad*antage of his client2 (se infor!ationac,(ired in the co(rse of e!ploy!ent2 nor shall he (se the sa!e to his ownad*antage or that of a third person2 (nless the client with f(ll 8nowledge of thecirc(!stances consents thereto$

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"(le 51$46 A lawyer shall not2 witho(t the written consent of his client2 gi*einfor!ation fro! his A lawyer shall adopt s(ch !eas(res as !ay )e re,(ired to pre*ent thosewhose ser*ices are (tili.ed )y hi!2 fro! disclosing or (sing con


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the lawful possession ofthe attorney by reason ofhis professionalemployment

e)ecutions issued inpursuance of such judgments.

7$ =hen

Lien ta8ese9ect

7s soon as the attorneygets possession of the

papers documents orproperty

7s soon as the claim forattorneys fees had been

entered into the records ofthe case

>$ %oticeClient need not be notiedto ma(e it e@ecti&e

Client and ad&erse partymust be notied to ma(e ite@ecti&e

?$Applica)ility

=ay be e)ercised beforejudgment or e)ecution orregardless thereof.

Ienerally, it is e)ercisableonly when the attorney hadalready secured a fa&orablejudgment for his client

/n withdrawal as counsel for a client, an attorney may only retire from a case either bywritten consent of his client or by permission of the court after due notice and hearing, inwhich e&ent the attorney should see to it that the name of the new attorney is recorded inthe case.

7n attorney who could not get the written consent of his client must ma(e an applicationto the court, for the relation does not terminate formally until there is a withdrawal ofrecord. Counsel has no right to presume that the court would grand his withdrawal andtherefore must still appear on the date of hearing.

Re'uirements for the Substitution of Counsel in a Case9

1. written application

2. written consent of client

!. written consent of attorney to be substituted

". if the consent of the attorney to be substituted cannot be obtained, there must be at leasta proof of notice that the motion for substitution has been ser&ed upon him, in the mannerprescribed by the rules.

7 lawyer cannot reco&er compensation from one who did not employ or authoriAe hisemployment, howe&er &aluable the results of his ser&ices may ha&e been to such person.

/n similar cases, no compensation when9

1. client conducts himself in a manner which tends to degrade his attorneyB

2. client refuses to e)tend cooperationB

!. client stops ha&ing contact with him.

$he right of a client to terminate a lawyer is absolute. Such termination may be with orwithout cause.

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