LEGAL ETHICS

A branch of moral science which treats of the duties which an attorney owes

To the courtTo his clientTo his colleagues in the LPTo the public

SIGNIFICANCE:(1) Guard against the abuses and ills of the LP(2) Raise the standard of the LP(3) Encourage and enhance the respect for law(4) Assume and effective and efficient administration of

justice(5) Assist in keeping and maintenance of law and order(6) Provides for basis for the weeding out of the unfit

and misfit in the LP for the protection of the public

ORIGINAL BASES of LE(1) Canons of professional ethics(2) Supreme Court decisions(3) Statutes (CC, RPC, etc)(4) Constitution(5) Treatises and publications

CODE OF PROFESSIONAL RESPONSIBILITY Main basis of our LE June 21, 1988 Importance: it has provided the LP an impression of

identity and sense of independence attuned to the local traditions, practices, and customs in the Phils.

ADMISSION TO THE PRACTICE OF LAW The constitutional power to admit candidates in the

LP is a judicial function and involves the exercise of discretion

Bar Examination Committee:- Chairman- 8 members of the bar who act as examiners in the 8 bar subjects

BASIC REQUIREMENTS for applicants for admission to the bar:

(1) Citizen of the Phils. (2) At least 21 years old(3) Good moral character(4) Resident of the phils.(5) Must produce before the SC satisfactory evidence of

good moral character(6) No charges against the applicant involving moral

turpitude have been filed or are pending in any court in the Phils.

8 BAR SUBJECTS:Civil LawCommercial LawRemedial LawCriminal LawPublic and Private International LawPolitical LawLabor and Social LegislationMedical JurisprudenceTaxationLegal Ethics

Note: The candidate must hold and continue to possess Good Moral Character even after he has been admitted to the LP.

Pass the BarTake Lawyer’s Oath

Signing of the Roll of AttorneysIssuance of a certificate of membership

The practice of law is not a property, natural, or constitutional right, but a mere privilege.Who are entitled to practice law:

Any person duly admitted as a member of the bar, and who is in good and regular standing

PRACTICE OF LAW

(1) In re: David:To engage in the practice is to do any of those acts which are characteristic of the LP

(2) PLA vs Agrava:It covers any activity, in or out of the court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training, and experience.

(3) People vs VillanuevaImplies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his legal services; it is frequent habitual exercise

(4) Cayetano vs MonsodAny activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience.

To practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.

Dissenting opinions to the Cayetano vs Monsod ruling:(1) Justice Hugo Gutierrez:

The practice envisioned is active and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal, or extemporaneous

(2) Justice Teodoro Padilla:To practice law or any profession for that matter means to exercise or pursue an employment or profession actively, habitually, repeatedly, or customarily.

(3) Justice Isagani Cruz:The effect of the definition given in the ponencia is to consider virtually every lawyer to be engaged in the practice of law even if he does not earn his living as a lawyer. It is enough that his activities are incidentally connected with some law, ordinance, or regulation.

(4) Atty. Ernesto Pineda (author of book)To engage in the practice of law, he must be in actual, active, and habitual exercise of his legal knowledge or skill specially in court appearances and pleadings and this is done generally for compensation

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Non-lawyers who are authorized to appear in court:(1) In cases before the MuTC,

a party may conduct his own case or litigation in person, with the aid of an agent or friend appointed by him

(2) Before any other court,a party may conduct his own litigation

(3) In a criminal case before a MuTC where there is no available licensed member of the bar, the judge may appoint a non-lawyer who is a resident of that province, of good repute for probity and ability to aid the accused in his defense

(4) A senior law student, under the direct supervision and control of an IBP member duly accredited by the law school

(5) Under the Labor Code, non-lawyers may appear before the NLRC arbiter if (a) they represent themselves, (2) they represent their organization, or (3) they are duly accredited members of any legal aid office duly recognized by the DOJ or IBP

(6) Under the Cadastral Act,a non-lawyer can represent a claimant before the Cadastral Court

(7) Any person appointed to appear for the Government of the Phils. in accordance with law

(8) A non-lawyer may represent a party before the DAR Adjudication Board

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE PHILS:

(1) Judges and other officials/employees of the SC(2) O/E of the Office of the Solicitor General(3) Gov’t prosecutors(4) President, VP, Cabinet members, their deputies and

assistants(5) Members of the Constitutional Commission(6) Ombudsman and his deputies(7) All governors, city and municipal mayors(8) Those who by special law are prohibited from

engaging in the practice of their LP

PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW:

(1) No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice, electoral tribunal, or quasi-judicial bodies

(2) Sanggunian members who practice law shall not:a. Appear as counsel in civil cases against a

local govt unitb. Appear as counsel in a criminal against

against a O/E of the nat’l/local govtc. Collect any fee for appearance in

administrative proceedings involving the LGU

d. Use govt property and personnel except when defending the interest of the govt

e. A retired justice/judge receiving pension from the govt cannot act as counsel in a civil case against the govt

DUTIES OF ATTORNEYS UNDER THE REVISED RULES OF COURT

(1) To maintain allegiance to the country,to support the Constitution,to obey the laws of the Phils.

(2) To observe and maintain the respect due to the courts of justice and judicial officers

(3) To counsel or maintain actions that are just, and such defenses that are honestly debatable

(4) To employ means that are consistent with truth and honor

(5) To maintain inviolate the confidence and preserve the secrets of his client

(6) To abstain from all offensive personality(7) Not to encourage action or proceeding, or delay any

man’s cause from any corrupt motive or interest(8) Never to reject the defenseless or oppressed(9) To be in the defense of a person accused of crime

regardless of his personal opinion as to the guilt of the accussed.

CODE OF PROFESSIONAL RESPONSIBILITYJune 21, 1988

CHAPTER 1. THE LAWYER AND SOCIETY

Canon 1. A lawyer shall uphold the constitution, obey the laws of the land, and promote respect for law and legal processes.

Rule 1.01

A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

Rule 1.02

A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 1.03

A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause

Rule 1.04

A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of fair settlement

Canon 1. A lawyer shall uphold the constitution, obey the laws of the land, and promote respect for law and legal processes.

It is the lawyer’s primary duty to society or State to uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

Crimes involving MORAL TURPITUDE: (1) Estafa(2) Bribery(3) Murder(4) Bigamy(5) Concubinage(6) Abduction(7) Smuggling(8) Falsification of public documents(9) Violation of BP blg. 22

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Some cases of DISHONESTY and DECEIT:(1) Misappropriation of client’s funds(2) Act of fraudulently concealing dutiable importation

or smuggling(3) Giving false statements under oath(4) Wanton falsehood in attaching affidavit of a person

known to him as deceased(5) Maneuvering reconveyance of property in the name

of the lawyer, instead of the client(6) Submission/presentation of mutilated copies of docs

to deceive or mislead the court(7) Falsification of grades in the bar examinations(8) Collecting fees on the pretense that counsel would

allegedly appeal even if lawyer knows the decision is unappealable because it’s already final

(9) Inducing someone to buy a piece of land knowing it’s not for sale

(10) Delayed failure to account money collected for the client

(11) Stealing evidence attached to the court records(12) Adamant refusal to return money he received but

intended for a party and issuing a bouncing check in payment therefor

(13) Notarization of a falsified deed of sale of his client’s property

(14) Misappropriating the settlement amount which he received for the client

MORALITY Quality of a human act whereby it measures up to

what it should be as a step towards the objective last end of human action, or fails so to measure up

Human acts are good or evil inasmuch as they agree or conflict with the Divine Reason

DIVINE REASON = ETERNAL LAW = ultimate NORM OF MORALITY

The Norm of Morality is, remotely and ultimately (but primarily), the Eternal Law; while proximately (but secondly) it is Conscience.

In reality, there are not two norms but onoy one; for conscience is the judgment of human reason recognizing and applying the Eternal Law in individual acts.

A human act, to be a morally good act, must be found in agreement with the Norm of Morality on all three points, i.e.,

it must be good in itself or objectively,in its end, andin its circumstances

IMMORALITY Doing of an act which is contrary to conscience

MORAL TURPITUDE Done contrary to justice, honesty, modesty or good

morals

IMMORAL CONDUCT Conduct which is willful, flagrant, shameless, and

which shows moral indifference to the opinion of the good and respectable members of the community

MORAL CHARACTER Is what a person really is, and now what he or other

people think he is Is not a subjective term, but one which corresponds

to objective reality Includes at least common honesty One’s own approximation of himself is not a gauge

to his moral character

GOOD REPUTATION From the opinion generally entertained of him, the

estimate in which he is held by the public in the place where he is known.

GROSSLY IMMORAL Unquestionably so corrupt or unprincipled

Instances of GROSS IMMORALITY:(1) Abandonment of wife and cohabiting with another

woman (disbarred)(2) Bigamy perpetrated by the lawyer (disqualification

from admission to bar)(3) Lawyer with carnal knowledge with a woman

through promise to marry which he did not fulfill (disbarred)

(4) Seduction of a woman who is the niece of a married woman whom the respondent lawyer had adulterous relations (disbarred)

(5) Lawyer arranging marriage of his son to a woman with whom the lawyer had illicit relations (disbarred)

(6) Lawyer inveigling a woman into believing hat they had been married civilly to satisfy his carnal desires (disbarred)

(7) Lawyer taking advantage of his position to have carnal knowledge with a student with the threat that he will flunk the student (disbarred)

(8) Concubinage coupled with failure to support legitimate children (suspended)

(9) Maintaining adulterous relationship with a married woman (suspended indefinitely)

(10) Delivering bribe money to a judge on request of clients (lawyer-sternly warned; judge-dismissed)

(11) Seducing a woman through promise of marriage by a married lawyer (disbarred)

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system

The great trust of the lawyer is to be performed within and not without the bounds of the law.

The office of the attorney does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicanery. He must obey his own conscience and not that of his client.

Although a lawyer is expected to defend his client’s cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of labor statutes.

A lawyer should not act like an errand-boy at the beck and call of his client.

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Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause

Lawyers owe it to the court and to society not to stir up litigations.

It is unprofessional for a lawyer to volunteer advice to bring lawsuit.

Lawyers must not file pointless petitions that only add to the workload of the judiciary.

It is the duty of the lawyer not to be an instigator of any controversy.

BARRATRY Is the offense of frequently exciting and stirring up

quarrels and suits, either at law or otherwise

AMBULANCE CHASING Figuratively speaking, is the lawyer’s act of chasing

an ambulance carrying the victim of an accident for the purpose of talking to the said victim or relatives and offering his legal services for the filing of a case against the person who caused the accident.

Evils spawned by ambulance chasing:(1) Fomenting or litigation with resulting burdens on the

court and the public(2) Subornation of perjury(3) Mulcting of innocent persons by judgments upon

manufactured cases of actions(4) Defrauding of injured persons having proper causes

of actions but ignorant of legal right and court procedure by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and against the just rights of the injured persons.

Some instances of DELAY condemned by the SC:(1) Resort to technicalities as a means to frustrate

justice(2) Befuddling of the issues in the case by counsel which

invariably will be exposed for what they are(3) Filing of multiple or repetitious petitions(4) Filing of several actions covering the same subject

matter or seeking substantially identical relief(5) Filing frivolous appeals for purposes of delay; an

improper step often taken as a means of draining the resources of the poorer party and compelling him to submit out of sheer exhaustion

(6) Filing of motions for postponement and other kinds of motions for dilatory purposes;

(7) Indiscriminate filing of suits against a party clearly intended for harassment

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of fair settlement.

The nature of compromise agreement is such that a party must give up some of the rights that he has, in consideration of the same act on the part of the other side.

Attorney’s fees not ground for disapproval of compromise: The rights of lawyers to the fees due them for services in a litigation cannot have a higher standing than the rights of the clients or the parties themselves.

A lawyer cannot compromise case without client’s consent: a lawyer cannot, without special authority, compromise his client’s litigation or receive anything in discharge of the client’s claim but the full amount in cash.

Exception: however, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client.

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