Finals Reviewer on the Book on Legal and Judicial Ethics by Justice Rodrigo Cosico

7/28/2019 Finals Reviewer on the Book on Legal and Judicial Ethics by Justice Rodrigo Cosico

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FINALS REVIEWER ON THE BOOK ON LEGAL AND JUDICIAL ETHICS by JUSTICE RODRIGO COSICO.

Prepared by John Philip R. Yeung

1. What is an amicus curiae? (p. 22)

An Amicus curiae is an experienced and impartial lawyer invited by the court to appear and help in the

disposition of the issues submitted to it. An amicus curiae appears in court not to represent any particular

party but to assist the court.

a. Define of counsel (p. 23)

An experienced lawyer usually a retired Justice of the Supreme Court or Court of Appeals employed by law

firms as consultants.

b. Define pro se (p. 23)

An appearance by a lawyer in his own behalf.

2. What are the factors that shall guide a lawyer under Rule 20.01 of the Code of Professional

Responsibility? (p . 26)

Rule 20.01 A lawyer shall be guided by the following factors in determining his fees:

a. Time spent and the extent of the services rendered or required;

b. The novelty and difficulty of the questions involved;

c. The importance of the subject matter;

d. The skills demanded;

e. The probability of losing other employment as a result of acceptance of the preferred case;

f. The customary charges for similar services and the schedule of fees of the IBP chapter to which he

belongs;g. The amount involved in the controversy and the benefits resulting to the client from the service;

h. The contingency or certainty of compensation;

i. The character of the employment, whether occasional or established; and

j. The professional standing of the lawyer.

3. What are the requisites for the right of attorneys fees to accrue? (p. 27)

1. Existence of attorney-client relationship.

2. Rendition by the lawyer of services to the client.

4. What are the two concepts of attorneys fees? (p. 27)

1. Ordinary; and

2. Extraordinary

a. How would you distinguish the two concepts?

In its ordinary concept, an attorneys fee is the reasonable compensation paid to a lawyer by his client for the

legal services he has rendered to the latter.

In its extraordinary concept, attorneys fees are deemed indemnity for damages ordered by the court to be

paid by the losing party in a litigation. The extraordinary concept of attorneys fees is the one contemplated by

Article 111 of the Labor Code, which is an exception to the declared policy of strict construction in the

awarding of attorneys fees (PCL Shipping Philippines, Inc v. National Labor Relations Commission)

5. What are the obligations of a lawyer who withdraws or is discharged under Rule 22.02 of the CPR? (p. 28)


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A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and

property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the

matter, including all information necessary for the proper handling of the matter.

Unless properly relieved, the counsel I s responsible for the conduct of the case, and he is obligated by his

client and the court to do what the interest of his client required until the end of litigation or his

representation is terminated formally and there is a termination of record. The counsel of record is obligated

to protect his clients interest until he is released from his professional relationship with his client. Until his

withdrawal shall have been approved, the lawyer remains counsel of record who is expected by his client as

well as by the court to do what the interests of his client require. The attorney-client relation does not

terminate formally until there is a withdrawal of record.

An attorney client relationship is created by express or implied contract or when he is a court appointed

counsel such as when he is appointed as counsel de oficio to defend the accused in a criminal case. The

moment a lawyer renders legal services to a person, an attorney client relationship is already created even in

the absence of an express agreement.

6. When is there representation for conflicting interests? (p. 30)

If a lawyer who is privy to a persons interest or has previously rendered service to him, he cannot appear for

an opposite party in litigation. There is representation of conflicting interests if the acceptance of a new

retainer will require the lawyer to do anything which will injuriously affect his first client on any matter which

he represents.

A lawyer is forbidden from representing a subsequent client against a former client when the subject matter of

the present controversy is related directly or indirectly, to the subject matter of the previous litigation in which

he appeared for the former client.

The proscription against representation of conflicting interests finds application where the conflicting interests

arise with regard to the same general matter and is applicable however slight such adverse interest may be.

The fact that the conflict of interests is remote or merely probably does not make the prohibition inoperative.

The termination of the relation of attorney and client provides no justification for a lawyer to represent an

interest adverse to or in conflict with that of the former client.

Under Art. 1491 of the Civil Code, a lawyer is prohibited from purchasing the property of his client which was

the subject of the case he was handling The reason for the rule is to prevent any undue influence of the lawyer

upon his client on account of his fiduciary and confidential relation with him.

The direct or indirect acquisition of the property under litigation is covered. The lawyer who violates the rule is

guilty of breach of professional ethics and malpractice which is a ground for disbarment.

7. What does the preservation of clients confidential information cover? (p. 31)

Without his clients consent, a lawyer cannot divulge any confidential information made by his client to him in

the course of his employment as counsel. The prohibition covers his secretary, stenographer, or clerk.

a. What is the duration of the prohibition?

The duration of prohibition is perpetual. It lasts even after the termination of the case even after the death of

his client.

8. What is the rule regarding the termination of attorney-client relationship? (p. 31)


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The client has the right to terminate or discharge his attorney at any time with or without cause. The right of

the client to terminate or discharge his lawyer is based on trust and confidence. A lawyer is aware that he can

be discharged by his client at any stage of the proceedings at any time the client loses his confidence in him.

This rule is based on the principle of a personal and highly confidential nature of relationship of the attorney

and the client. The only limitation of the right of the client to discharge his lawyer is the payment of services

rendered by the lawyer.

a. When may a lawyer terminate his relationship with his client?

The lawyer may terminate his relationship with his client only for good cause as enumerated under Rule 22.01

of the Code of Professional Responsibility.

As previously stated, a lawyer who withdraws or is discharged subject to his retainer lien, has the duty to turn

over immediately all papers and property to which the client is entitled and shall cooperate with his successor

in the orderly transfer of the matter, including all information necessary for the proper handling of the case.

In practice, the lawyer has to file a motion for withdrawal of appearance with the consent of his client. The

withdrawal of appearance must still be approved by the court even if the client has already consented.

9. What is quantum meruit? (p. 23)

Quantum meruit means much as what the lawyer deserves to be paid.

a. When does quantum meruit apply?

1. When there is no express contract;

2. The contract is for unconscionable amount;

3. The contract is void; or

4. The lawyer did not finish the case.

10.What is contempt of court? (p. 35)

Contempt of court means the power to punish for contempt against any lawyer or person for gross disrespect

of the court, open defiance of court order or obstruction of justice. The lawyer runs the risk of being held liable

for contempt of court in the performance of his duties.

a. Distinguish between direct contempt from indirect contempt of court.

Direct contempt or contempt in facie curiae is misbehavior committed in the presence of or so near a court or

judge so as to obstruct or interrupt the proceedings before the same, including disrespect toward the court,

and can be punished summarily without hearing.

An indirect contempt of court is an act committed outside the court such as disobedience to lawful court order

tending to degrade or obstruct administration of justice. In such a case, the lawyer is given a chance to defend

himself in a hearing held for the purpose.

11. What is your concept of the IBP? (p. 39)

The IBP is an official unification of the entire lawyer population in order that all persons admitted to the

practice of law shall comply with their duties under their oath. Membership in the IBP is mandatory.

a. What are the three objectives of the IBP?

1. To elevate the standards of the legal profession;

2. To improve the administration of justice; and


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3. To enable the bar to discharge its public responsibility more effectively.

12. What are the minimum requirements for completion at the Mandatory Continuing Legal Education

(MCLE)? (p. 43)

Members if the IBP, unless exempted under Rule 7, shall complete every three years at least 36 hours of

continuing legal education activities.

13. What are the consequences for non-compliance with the MCLE requirement? (p. 44)

A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent

member by the IBP Board of Governors upon recommendation of the Committee on MCLE.

The listing as delinquent member is administrative in nature but shall be made with notice and hearing by the

Committee on MCLE.

Canon 6 These canons shall apply to lawyers in government service in the discharge of their official tasks.

14. Who has disciplinary power over members of the legal profession? (p. 46)

The Supreme Court has the inherent power to discipline the members of the legal profession concomitant with

its power to admit its members. It has the power to suspend or disbar a lawyer for various acts of misbehavior.

The Court of Appeals and the Regional Trial Courts may also exercise disciplinary powers over lawyers but the

orders of said courts are appealable to the Supreme Court. The purpose of disciplinary power is to compel the

lawyers to comply with the rules of legal ethics and to protect the public from unscrupulous lawyers.

15. What is now the prevailing Code of Judicial Conduct? (p. 50)

The New Code of Judicial Conduct which became effective on June 1, 2004 is now the prevailing Code of

Judicial Conduct as it has superseded the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct. TheNew Code was adopted by the Supreme Court in response to the clamor for a universal code of judicial

conduct. Its adoption became imperative to update and correlate the 1989 Code of Judicial Conduct and the

Canons of Judicial ethics adopted in the Philippines. In case of deficiency or absence of specific provisions in

this New Code, the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct shall be applicable in a

suppletory character.

a. How many Canons does the New Code of Judicial Conduct contain? (p. 52)

The New Code of Judicial Conduct contains six Canons namely:

1. Canon 1 on Independence;

2. Canon 2 on Integrity;3. Canon 3 on Impartiality;

4. Canon 4 on Propriety;

5. Canon 5 on Equality; and

6. Canon 6 on Competence and Diligence.

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Finals Reviewer on the Book on Legal and Judicial Ethics by Justice Rodrigo Cosico