Legal Ethics Midterms Reviewer

8/8/2019 Legal Ethics Midterms Reviewer

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Legal Ethics

I. Legal ethicsa. Embodiment of all principles of morality and refinement that

should govern the conduct of every member of the Bar

b. Four duties of a lawyeri. The lawyer and the clientii. The lawyer and the courtsiii. The lawyer and legal professioniv. The lawyer and society

II. Canon 1a. A lawyer shall uphold the constitution, obey the laws of the

land and promote respect for law and for legal processes.b. Lawyer upholds:

i. Constitutionii. Lawsiii. Judicial Decisions

c. Judicial decisions can be changed because of:i. Circumstancesii. Wrong decisions

d. The Lawyer’s Oathi. I, _______ of ________ do solemnly swear that I will

maintain allegiance to the Republic of the Philippines, Iwill support the Constitution and obey the laws as wellas the legal orders of the duly constituted authoritiestherein;

ii. I will do no falsehood, nor consent to the doing of anyin court;

iii. I will not wittingly or willingly promote or sue anygroundless, false or unlawful suit, or give aid norconsent to the same;

iv. I will delay no man for money or malice,v. and will conduct myself as a lawyer according to the

best of my knowledge and discretion, with all goodfidelity as well to the courts as to my clients;

vi. And I impose upon myself these voluntary obligationswithout any mental reservation or purpose of evasion.So help me God.

e. Rule of lawi. Supremacy of law

ii. Decisions should be made by the application of knownlegal principles or laws without the intervention of discretion in their application

iii. Ex. of violations1. palakasan2. bribery

f. Duties of attorneysi. To maintain allegiance to the Republic of the

Philippines and to support the Constitution and obeythe laws of the Philippines;

ii. To observe and maintain the respect due to the courtsof justice and judicial officers;

iii. To counsel or maintain such actions or proceedingsonly as appear to him to be just, and such defenses



only as he believes to be honestly debatable under thelaw;

iv. To employ, for the purpose of maintaining the causesconfided to him, such means only as are consistentwith truth and honor, and never seek to mislead the

judge or any judicial officer by an artifice or falsestatement of fact or law; v. To maintain inviolate the confidence, and at every peril

to himself, to preserve the secrets of his client, and toaccept no compensation in connection with his client'sbusiness except from him or with his knowledge andapproval;

vi. To abstain from all offensive personality and toadvance no fact prejudicial to the honor or reputationof a party or witness, unless required by the justice of the cause with which he is charged;

vii. Not to encourage either the commencement or the

continuance of an action or proceeding, or delay anyman's cause, from any corrupt motive or interest;

viii. Never to reject, for any consideration personal tohimself, the cause of the defenseless or oppressed;

ix. In the defense of a person accused of crime, by all fairand honorable means, regardless of his personalopinion as to the guilt of the accused, to present everydefense that the law permits, to the end that noperson may be deprived of life or liberty, but by dueprocess of law.

g. Rule 1.01i. A lawyer shall not engage in unlawful, dishonest,

immoral or deceitful conductii. Good moral character is a requisite for the practice of

law and is a continuing requirementiii. Violation: Conviction of a crime involving moral

turpitude1. Moral turpitude – contrary to justice, honesty,

modesty or good morals2. Intentions must be vile, immoral or unjust3. Certain felonies would not reflect on a lawyer’s

fitness, trustworthiness or competenceiv. Ex. of gross immorality: Marital Infidelity

v. Gross immorality need not be scandalous orpunishable by lawvi. Lawyer-client relationship not neededvii. Unlawful conduct

1. Conflict of interest2. Non-implementation of decision of judiciary3. bribery

viii. Gross misconduct1. inexcusable, shameful or flagrant unlawful

conduct2. intentional purpose3. acquittal in case is immaterial

h. Rule 1.02



i. A lawyer shall not counsel or abet activities aimed atdefiance of the law or at lessening confidence in thelegal system

ii. Ex.1. Telling clients to do acts contrary to law

2. lawyers who engage in irregularitiesi. Rule 1.03i. A lawyer shall not, for any corrupt motive or interest,

encourage any suit or proceeding or delay any man’scause.

ii. Encouraging suits or legal actions must always be withthe noble intent to pursue or protect a right.

iii. Barratry1. offense of frequently exciting and stirring up

quarrels and suits, either at law or otherwiseiv. Maintenance

1. intermeddling of an uninterested party to

encourage a lawsuit j. Rule 1.04

i. A lawyer shall encourage his clients to avoid, end orsettle the controversy if it will admit of a fairsettlement

ii. Duty to promote fair and amicable settlementiii. Lawyers cannot compromise without authority of

client.III. Canon 2

a. A lawyer shall make his legal services available to an efficientand convenient manner compatible with the independence,integrity and effectiveness of the profession

b. Efficiency of a lawyer must not be obtained at price of compromising the effectiveness of the entire legal profession

c. Lawyers must be proficient in speaking Englishd. Rule 2.01

i. A lawyer shall not reject, except for valid reasons, thecause of the defenseless or the oppressed

ii. Marginalized citizense. Rule 2.02

i. In such a case, even if a lawyer does not accept acase, he shall not refuse to render legal advice to theperson concerned if only to the extent necessary to

safeguard the latter’s rights.f. Rule 2.03i. A lawyer shall not do or permit to be done any act

designed primarily to solicit legal business.ii. Lawyer should not advertiseiii. Practice of law is not a business

1. public service, pay is by-product2. officer of court3. relation to client in the highest degree of

fiduciary4. relation to colleagues by not advertising

iv. Dignified solicitation allowed

1. compatible with dignity of legal professionv. Good reputation as the best advertisement



vi. Ambulance chasing1. Lawyer who solicits negligence cases for an

attorneyg. Rule 2.04

i. A lawyer shall not charge rates lower than those

customarily prescribed unless the circumstances sowarrant.IV. Canon 3

a. A lawyer in making known his legal services shall use onlytrue, honest, fair, dignified and objective information orstatement of facts.

b. The embellishment and exaggeration of legal credentials isnot only frowned upon, it is sanctionable.

c. Rule 3.01i. A lawyer does not use or permit the use of any false,

fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his

qualifications or legal serviceii. Bloating one’s credentials with self-praise or

exaggerated descriptions is deception.iii. Proper info:

1. Office info2. Relevant biographical info3. Fields of law practice

iv. Lawyer may not announce successful results in courtd. Rule 3.02

i. In the choice of a firm name, no false, misleading orassumed name shall be used. The continued use of thename of a deceased partner is permissible providedthat the firm indicates in all its communications thatsaid partner is deceased.

ii. A lawyer is not authorized to use a name other thanthe name inscribed in the Roll of Attorneys in hispractice of law

iii. Lawyers cannot practice under a foreign law firm nameiv. It must indicate in all communications that the

deceased partner is already deceasedv. If retired partner is “of counsel” status, his name may

still be included1. assists in preparation or management of an

actione. Rule 3.03i. When a partner accepts public office, he shall withdraw

from the firm and his name shall be dropped from thefirm name unless the law allows him to practiceconcurrently.

ii. An appearance in public office should not promoteone’s practice of law

iii. Prohibited to practice law:1. Supreme court judges and officials2. Official and employees in the office of the

solicitor general

3. Government prosecutors4. President



5. Vice-president6. Cabinet members, deputies or assistants7. Members of Constitutional Commissions8. Ombudsman and his deputies9. Governors

10.Mayors11.Prohibited by special lawf. Rule 3.04

i. A lawyer shall not pay or give anything of value torepresentatives

ii. Cannot use media for publicityV. Canon 4

a. A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and inthe administration of justice

b. Lawyers have the duty to assist the Judicial and Bar Councilin accessing the qualifications of candidates for judicial office

VI. Canon 5a. A lawyer shall keep abreast of legal developments,

participate in continuing legal education programs, supportefforts to achieve high standards in law schools as well as inthe practical training of law students and assist indisseminating information regarding the law and

jurisprudence.b. Gross ignorance of the lawc. A lawyer who writes or speaks for the purpose of educating

members of the public to recognize their legal problemsshould carefully refrain from giving or appearing to give ageneral solution applicable to all apparently similar individualproblems, since slight changes in fact situations may requirea material variance in the applicable advice; otherwise thepublic may be mislead and misadvised.

VII. Canon 6a. These canons shall apply to lawyers in government service in

the discharge of their official tasksb. If misconduct in office is also misconduct as a member of the

bar, he may be disciplined.c. Rule 6.01

i. The primary duty of a lawyer engaged in publicprosecution is not to convict but to see that justice is

done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of theaccused is highly reprehensible and is cause fordisciplinary action.

ii. Public prosecutor does not side with any partyd. Rule 6.02

i. A lawyer in the government service shall not use hispublic position to promote or advance his privateinterests nor allow the latter to interfere with his publicduties

e. Rule 6.03i. A lawyer shall not, after leaving a government service,

accept engagement or employment in connection with



any matter in which he had intervened while in saidservice.

ii. Intervene1. an act of a person who has the power to

influence the subject proceedings and which act

should not be insubstantial and insignificant.VIII. Canon 7a. A lawyer shall at all times uphold the integrity and dignity of

the legal profession, and support the activities of theintegrated bar.

b. A lawyer shall not, in his professional or private affairs, bringdisrespect to his own profession.

c. Integrated Bari. State-organized bar to which every lawyer must

belong, as distinguished from bar associationsorganized by individual lawyers themselves,membership in which is voluntary.

ii. Purposes:1. Assist in the administration of justice2. Foster and maintain on the part of its members

high ideals of integrity, learning, professionalcompetence, public service and comfort.

3. Safeguard the professional interests of itsmembers

4. Cultivate among its members a spirit of cordiality and brotherhood

5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practiceand procedure, and the relations of the Bar tothe Bench and to the public, and publishinformation relating thereto

6. Encourage and foster legal education7. Promote a continuing program of legal research

in substantive and adjective law, and makereports and recommendations thereon

8. Enable the Bar to discharge its publicresponsibility effectively

iii. General objectives1. Elevate the standards of the legal profession2. Improve the administration of justice

3. To enable the Bar to discharge its publicresponsibility more effectivelyiv. By voluntary termination of IBP membership, he will be

stricken off the roll of attorneysd. Rule 7.01

i. A lawyer shall be answerable for knowingly making afalse statement or suppressing a material fact inconnection with his application for admission to thebar.

ii. Honesty is expected of the lawyer from the verymoment he applies for admission to the bar.

e. Rule 7.02

i. A lawyer shall not support the application foradmission to the bar of any person known by him to be



unqualified in respect to character, education or otherrelevant attribute.

f. Rule 7.03i. A lawyer shall not engage in conduct that adversely

reflects on his fitness to practice law, nor shall he

whether in public or private life, behave in ascandalous manner to the discredit of the legalprofession.

ii. Vindictiveness is unprofessional and vengeance is agrave misconduct

IX. Canon 8a. A lawyer shall conduct himself with courtesy, fitness and

candor towards his professional colleagues, and shall avoidharassing tactics against opposing counsel.

b. A lawyer must give respect to a fellow lawyerc. Advising to file disbarment case against opposing client is not

unethical if done in good faith.

d. Rule 8.01i. A lawyer shall not, in his professional dealings, use

language which is abusive, offensive or otherwiseimproper.

ii. Statements must be relevant to subject of inquiryiii. Offensive remarks are not privilege communicationiv. If made out of impulsiveness or heat of the moment,

not punishablee. Rule 8.02

i. A lawyer shall not, directly or indirectly, encroach uponthe professional employment of another lawyer,however, it is the right of any lawyer, without fear orfavor, to give proper advice and assistance to thoseseeking relief against unfaithful or neglectful counsel.

ii. New lawyer must not denigrate the other lawyer’sprofessional standing to get the client’s account

X. Canon 9a. A lawyer shall not, directly or indirectly, assist in the

unauthorized practice of law.b. The effect of unauthorized practice of law can bring

detriment, danger, and damage to private individuals whoshould be receiving competent and learned legal assistancefrom lawyers

c. Shysteri. Non-lawyer pretending to be a lawyerd. Rule 9.01

i. A lawyer shall not delegate to any unqualified personthe performance of any task which by law may only beperformed by a member of the bar in good standing

ii. Lawyers should give assistants appropriate instructionand supervision concerning ethical aspects of employments

iii. The student is not permitted to perform theprofessional functions of a lawyer

iv. Self-representation cannot be availed in criminal cases

e. Rule 9.02



i. A lawyer shall not divide or stipulate to divide a fee forlegal services with persons not licensed to practicelaw, except:

1. Where there is a pre-existing agreement with apartner or associate that, upon the latter’s

death, money shall be paid over a reasonableperiod of time to his estate or to personsspecified in the agreement; or

2. Where a lawyer undertakes to completeunfinished legal business of a deceased lawyer;or

3. Where a lawyer or law firm includes non-lawyeremployers in a retirement plan even if the planis based in whole or part, on a profit sharingagreement.

ii. Why?1. Earned from proper study of law

2. Non-lawyers cannot be disciplinedXI. Canon 10

a. A lawyer owes candor, fairness and good faith to the court. b. Duty to file pleadings on timec. Rule 10.01

i. A lawyer shall not do any falsehood, nor consent to thedoing of any in Court; nor shall he mislead, or allow theCourt to be misled by any artifice

ii. Falsehood without intent is sanctionabled. Rule 10.02

i. A lawyer shall not knowingly misquote or misrepresentthe contents of a paper, the language or the argumentof opposing counsel, or the text of a decision orauthority or knowingly cite as law a provision alreadyrendered inoperative by repeal or amendment, orassert a fact that which has not been proved.

e. Rule 10.03i. A lawyer shall observe the rules of procedure and shall

not misuse them to defeat the ends of justice.ii. Ex. Filing a dilatory appeal; Splitting an appeal into

several actionsXII. Canon 11

a. A lawyer shall observe and maintain the respect due to the

courts and to judicial officers and should insist on similarconduct by others.b. Disregard of court ordersc. Failing to file a replyd. Disobeying a TROe. Harassment of judges is also disrespect to the courtf. Unexplained failure to appear in court is indirect contempt.g. Remedies in case of a biased and prejudiced judge

i. Voluntary inhibition of judgeh. Direct contempt

i. Disrespect toward the courtii. Offensive personalities toward others

iii. Refusal to be sworn or to answer as a witness



iv. To subscribe an affidavit or deposition when lawfullyrequired to do so

i. Indirect contempti. Misbehavior of an officer of a court in the performance

of his duties

ii. Disobedience or resistance to a lawful orderiii. Any abuse of or any unlawful interference with theproceedings of a court

iv. Any improper conducts which tends to directly orindirectly to impede, obstruct, or degrade theadministration of justice

v. Assuming to be an attorney or an officer of a court andacting as such without authority

vi. Failure to obey a subpoena duly servedvii. The rescue or attempted rescue of a person or

property in custody of an officer by virtue of an orderof the court held by him.

j. Rule 11.01i. A lawyer shall appear in court properly attiredii. Male

1. Barong Tagalog2. Suit with tie

iii. Female1. Contemporary business suit

k. Rule 11.02i. A lawyer shall punctually appear at court

l. Rule 11.03i. A lawyer shall abstain from scandalous, offensive or

menacing language or behavior before the Courts.ii. If personal clash happens between judge and lawyer,

contempt would be vindictivem. Rule 11.04

i. A lawyer shall not attribute to a Judge motives notsupported by record or have no materiality to the case

ii. Duty not to attribute unfounded ill-motives to a judgen. Rule 11.05

i. A lawyer shall submit grievances against a judge to theproper authorities only.

ii. Presented before SCXIII. Canon 12

a. A lawyer shall exert every effort and consider it his duty toassist in the speedy and efficient administration of justiceb. Rule 12.01

i. A lawyer shall not appear for trial unless he hasadequately prepared himself on the law and the factsof his case, the evidence he will adduce and the orderof its preference. He should also be ready with theoriginal documents for comparison with the copies

c. Rule 12.02i. A lawyer shall not file multiple actions arising from the

same causeii. Forum shopping

1. trifling with the courts and abusing theirprocesses



2. Elements:a. Same partiesb. Same rights assertedc. Res judicata can proceed in one case

3. Ways to commit

a. Same cause of action, same prayerb. Case finally resolved then filing againc. Same cause of action, different prayers

d. Rule 12.03i. A lawyer shall not, after obtaining extensions of time to

file pleadings, memorandas or briefs, let the periodlapse without submitting the same or offering anexplanation for his failure to do so.

ii. Replacement lawyer should catch upe. Rule 12.04

i. A lawyer shall not unduly delay a case, impede theexecution of judgment or misuse Court processes

ii. Technicalities should not be improperly used to thwartsubstantial justice

f. Rule 12.05i. A lawyer shall refrain from talking to his witness during

a break or recess in the trial, while the witness is stillunder examination

ii. Duty not to coach a witness under examinationiii. Good coaching

1. What to expect2. how to act properly3. court procedures

g. Rule 12.06i. A lawyer shall not knowingly assist a witness to

misrepresent himself or to impersonate another.h. Rule 12.07

i. A lawyer shall not abuse, browbeat or harass a witnessnor needlessly inconvenience him

i. Rule 12.08i. A lawyer shall avoid testifying in behalf of his client,

except:1. on formal matters, such as the mailing,

authentication or custody of an instrument, andthe like; or

2. on substantial matters, in cases where histestimony is essential to the ends of justice, inwhich event he must, during his testimonyentrust the trial of the case to another counsel.

XIV. Canon 13a. A lawyer shall rely upon the merits of his cause and refrain

from any impropriety which tends to influence or givesappearance of influencing the Court.

b. No private meetings with judgec. Rule 13.01

i. A lawyer shall not extend extraordinary attention orhospitality to, nor seek opportunity for cultivating

familiarity with Judges.ii. Duty of non-fraternization with judges



d. Rule 13.02i. A lawyer shall not make public statements in the

media regarding a pending case tending to arousepublic opinion for or against a party.

ii. Sub-judice

1. refers to matters under or before a judge orcourt; under judicial consideration2. Courts must be allowed to deal with the legal

issues that are presented free from undueinterference and influences made by othersdiscussing it in public

3. It is violated by public statements causingprejudice

iii. Open-justice principle1. public right to scrutinize and criticize courts and

court proceedingsiv. Post-litigation criticisms

1. expose shortcomings by criticizing concludedlitigations

e. Rule 13.03i. A lawyer shall not brook or invite interference by

another branch or agency of the government in thenormal course of judicial proceedings.

ii. Two types of judicial independence1. Institutional – separation of powers2. Decisional – no media, politics or other concerns

involvedXV. Canon 14

a. A lawyer shall not refuse his services to the needyb. Rule 14.01

i. A lawyer shall not decline to represent a person solelyon account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guiltof said person.

c. Rule 14.02i. A lawyer shall not decline, except for serious and

sufficient cause, an appointment as counsel de officioor as an amicus curiae, or a request from theIntegrated Bar of the Philippines or any of its chaptersfor rendition of free legal aid.

ii. De Officio – appointed by the court to counsel anaccusediii. Can only decline if

1. lawyer cannot competently handle the case2. conflict of interest

iv. De Parte – of party’s own choicev. Amicus curiae

1. a person with strong interest on the subjectmatter of an action

2. He can initiate it or the court cand. Rule 14.03

i. A lawyer may not refuse to accept representation of an

indigent client if:



1. He is not in a position to carry out the workeffectively or competently

2. He labors under a conflict of interest betweenhim and the prospective client or between apresent client and the prospective client

ii. Indigent1. no money or property sufficient and available forfood, shelter and basic necessities for himself and his family.

e. Rule 14.04i. A lawyer who accepts the cause of a person unable to

pay his professional fees shall observe the samestandard of conduct governing his relations withpaying clients

XVI. Canon 15a. A lawyer shall observe candor, fairness and loyalty in all his

dealings and transactions with his clients

b. Business transactions with clients must be in good faithc. Rule 15.01

i. A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matterwould involve a conflict with another client or his owninterest, and if so, shall forthwith inform theprospective client

ii. Initial conferment of clientiii. Facts given to himiv. Asking necessary questions regarding the facts and

personalities of the case.d. Rule 15.02

i. A lawyer shall be bound by the rule on privilegecommunication in respect of matters disclosed to himby a prospective client.

e. Rule 15.03i. A lawyer shall not represent conflicting interests

except by written consent of all concerned given aftera full disclosure of the facts.

ii. Rule on conflict of interests

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Legal Ethics Midterms Reviewer