Professional Documents
Culture Documents
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LEGAL ETHICS
CODE OF RESPONSIBILITY PROFESSIONAL
Q: What are the rules behind the prohibition against misleading or false names?
A: GENERAL RULE 1: All partners in firm name must be alive. EXCEPTION: When removal of the deceased partners name disturbs the client goodwill built through the years. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. (Agpalo) Death of a partner does not extinguish the client-lawyer relationship with the law firm. (B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28) GENERAL RULE 2: Filipino lawyers cannot practice law under the name of a foreign law firm. Firms may not use misleading names showing association with other firms to purport legal services of highest quality and ties with multinational business enterprise especially when such firm attached as an associate cannot legally practice law in the Philippines. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))
from
A: The legal practice is not a business. Unlike a businessman, the lawyer has: 1) Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court; 2) duty of public service; 3) relation to clients with the highest degree of fiduciary; 4) relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo) In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed.
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phone numbers branches of law practiced birthday date admitted to the bar schools and dates attended degrees and distinctions public or quasi-public offices posts of honor legal authorships teaching positions associations legal fraternities and societies references and regularly represented clients must be published for that purpose publication of simple announcement of opening of law firm, change of firm listing in telephone directory but not under designation of special branch of law if acting as an associate (specializing in a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal) if in media, those acts incidental to his practice and not of his own initiative write articles for publication giving information upon the law (and not individual rights or advising through column/ TV. broadcast, lest such be considered indirect advertising) activity of an association for the purpose of legal representation
enhance the standards of the practice of law (Bar Matter 850, (2000))
Q: What are the prohibited types of business advertisements in the legal profession?
A: Prohibited advertisement (Sec. 27, Canon of Professional Ethics): o Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills o Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer o Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyers position, and all other like self-laudation
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Q: What are the only instances a lawyer can divide or stipulate to divide a fee for legal services with persons not licensed to practice law?
A: A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement (b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or (c) Where a lawyer or law firm includes nonlawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement
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A: A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. Aside from this, a lawyer should also volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination so that those candidates who failed therein can be ferreted out and those lawyers responsible therefor can be disbarred. (In re Parazo, 82 Phil. 230 [1948]).
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The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. (Agpalo)
Q: In what instances can a lawyer decline to act as counsel de oficio or amici curiae?
A: The general rule is that a lawyer shall not decline to act as counsel de oficio or amici curiae, or to reject a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. EXCEPTION: Except for serious and sufficient cause (Rule 14.02) Related rules: Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 138, Sec. 20 (h), Duties of attorneys. It is the duty of an attorneynever to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
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NOTE: The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict.
Nature
Basis
Coverage
Covers all judgments for the payment of money and executions issued in pursuance of such judgment
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7 RETAINING As soon as the lawyer gets possession of the funds, papers, documents, property Client need not be notified to make it effective CHARGING As soon as the claim for attorneys fees had been entered into the records of the case Client and adverse party need to notified to make it effective Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client
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Effectivity
Rule 19.02 requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. (Agpalo)
Notice
Applicability
Q: What should a lawyer do in case that he finds that his client has perpetuated fraud?
A: A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the clients commission of the fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets. (Canon 21)
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either in person or through the mediation of another, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession.
Q: What are the limitations imposed on judges and lawyers regarding the purchase of properties under litigation?
A: According to Art. 1491 of the Civil Code, Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, cannot acquire by purchase, even at a public or judicial auction,
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Q: What should a lawyer do after withdrawing his services or having his services substituted by another?
A: Rule 22.02 - 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.
for
A: A person is admitted to practice law in the Philippine if s/he is a Filipino citizen, who is a resident of the Philippines, at least 21 years of age, of good moral character, a holder of a college degree and a graduate of a law school approved and recognized by the Secretary of Education, and one who has successfully taken and passed the bar examinations and taken the lawyers oath.
Q: What is the proposed requirement on Mandatory Legal Aid Service for Practicing Lawyers?
A: Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. He shall coordinate with the Clerk of Court for cases where he may render free legal aid service and shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. (Bar Matter 2012)
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(1) Strictly personal- It involves mutual trust and confidence of the highest degree, irrespective of whether the client is a private person or a government functionary. Since it is a personal relation, a court or administrative tribunal cannot but recognize its creation on the faith of the clients word. It should not be established as the result of pressure or deception. (2) Fiduciary- The relation of attorney and client is highly fiduciary in nature and of a very delicate, exacting and confidential character. It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client.
Q: What is the duty of a counsel when a client is believed to be guilty in a criminal case?
A: The law makes it the lawyers duty never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed. Rule 14.01 complements it by requiring that: A lawyer shall not decline to represent a person solely on account of his opinion regarding the guilt of said person.
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Regardless of his personal feeling, a lawyer should not decline representation because a client or a cause is unpopular or community reaction is adverse. The law presumes an accused to be innocent, and he is entitled to acquittal unless his guilt is proved beyond reasonable doubt. (Agpalo)
To set an example or warning for the other members of the bar; To safeguard the administration of justice from dishonest and incompetent lawyers; To protect the public;
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the court, in which case a severer sanction, such as suspension from the practice of law, may be warranted. (Agpalo)
or
A: The failure to exercise due diligence or the abandonment if the clients cause makes the lawyer unworthy of the trust which the client has reposed in him. It is a breach of his undertaking with his client. To warrant suspension or disbarment, however, the negligence or carelessness in the performance of duty should not only be gross in character but should have caused material prejudice to clients interest as well. Mere negligence or inattention which produces no pecuniary damage to the client may only justify reprimand or censure (Alcala v. De Vera) except when the breach of duty of client also constitutes a gross violation of obligation to
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large must be able to rely upon the acknowledgement executed by a notary public. (Baylon v. Almo, A.C. No. 6962, June 25, 2008)
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However, a judge may also voluntarily inhibit himself for just and valid reasons other than those mentioned above. (Rule 137, Sec. 1) This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of the cold neutrality required of him, in which event the appellate court will see to it that he disqualifies himself. A decision to disqualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity may not constitute reversible error. DISQUALIFICATION Specific and exclusive INHIBITION No specific grounds BUT there is a broad basis for such, i.e., good, sound ethical grounds The matter is left to the sound discretion of the judge
Basis
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Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds. Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties. Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant ground. Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.