PROFESSION OF LAW

(ASIDDAO, CAJAYON, DIAZ DE RIVERA) CANON 18 AND CANON 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY GROUP 8

CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE This implies that a lawyer: a.) possesses the requisite degree of learning, skill and ability which is necessary to the practice of his profession. b.) will exert his best judgment in the prosecution or defense of the litigation entrusted to him. c.) will exercise reasonable and ordinary care and diligence in the use of his skill and in the application of his knowledge to his clients cause. Duty to safeguard his interests His duty COMMENCES from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. As a lawyer who volunteered or who was assigned as counsel de oficio neither diminishes nor alters the degree of professional responsibility owed to his client. He is required to display warm zeal and great dedication to duty irrespective of the clients capacity to pay him his fees. LEGARDA VS. COURT OF APPEALS Doctrine of the case:
CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Lawyers should not presume that their motions for extension of time will always be granted by the court. A lawyer is expected to recognize the authority of the court and obey its lawful processes and orders A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.

Rule 18.01 A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Acceptance of professional employment implies that he can hold himself out to his client that he is knowledgeable, competent and skilful to handle the case. Exception: he may render such service if with consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation A lawyer owes his client and the court the duty to be adequately prepared to try the clien ts case.

A lawyer shall have the deep satisfaction of having lost a case but won the esteem and respect of his client and the approbation of the court in the manner he espoused his clients cause with skill, diligence, ability and candor.

Effects of not preparing properly on a case: Inadequate preparation spawns adverse effects that go beyond the personal interest of the client. It distracts the administration of justice It may cast doubt upon the lawyers intellectual honesty and capacity

Pleadings A document embodying the result of his work and furnishing the basis on which to judge his competence. A lawyers pleading shows the extent of his study and preparation, articulates his ideas as an officer of the court, his personality and reflects his conduct and attitude toward the court the opposing party and his counsel.

Memorandums or briefs of a lawyer must: 1. Discuss the issues raised, for absence or skimpy discussion betrays want of industry in the discharge of his duties to the client and to the court. 2. He should refrain from abrasive and offensive language, for it merely weakens rather than strengthens the force of legal reasoning, and detracts from its persuasiveness. 3. He should not suppress or distort material and vital facts nor omit relevant documents which bear on the merit or lack of merit of his petition. NOTE: Time pressure, inexperience of counsel, assertiveness in espousing his clients cause or even good faith and honest intention may not excuse a lawyer from complying with the pre-emptory tenets of ethical conduct in the preparation of the pleading. Witness The human instrumentality through which the law and its ministers, the judges and lawyers, endeavour to ascertain the truth and to dispense justice to the contending parties.

Interviewing witnesses A lawyer may interview a witness in advance of trial to guide him in the management of the litigation. He may also interview a prospective witness for the opposing side in any civil or criminal action without the consent of the opposing counsel or party. He should scrupulously avoid any suggestion calculated to induce the witness to suppress or deviate from the truth, nor in any degree to affect his free and untrammelled conduct when appearing at the trial or on the witness stand.

CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. It is understood that a lawyer will take all procedural steps necessary to prosecute the clients claim or to defend the clients rights in the action. The legal profession is a jealous mistress which requires of a good lawyer that degree of vigilance and attention expected of a good father of a family. What amounts to carelessness or negligence in the lawyers discharge of his duty to client is incapable of exact formulation.

What if a lawyer cannot appear at a scheduled hearing?

1. He should request another lawyer to appear for him and see to it that the lawyer do so. 2. He may ask for postponement and provide contingency measures in the event of its denial. 3. He should immediately check with the court regarding the outcome of the hearing at which he failed to appear 4. He must acquaint and familiarize himself with everything that has happened to the litigation. A lawyer who finds it impracticable to continue representing a client should inform the latter of his predicament and ask that he be allowed to withdraw from the case to enable the client to engage the services of another counsel who can study the situation and work out a solution.

What if a client refuses to cooperate?

A lawyer should ask that he be discharged from his professional responsibility or should apply to the court that he be released therefrom.

He must present his motion for postponement at such time as practicable to spare every one of the unnecessary expenses, however, he must not assume that his motion will be granted.

What should he do if such postponement was not granted?

He must inform the court and his client of his predicament and ask the client or the court to secure/ provide the services of another lawyer to preserve his clients interests Adoption of system to insure receipt of mails Service of notice by registered mail is complete upon actual receipt thereof by the addressee. If he fails to claim his mail within five days from the date of his first notice of the postmaster, service shall take effect at the expiration of such time.

* This rule imposes upon a lawyer the duty to maintain a system that will insure his prompt receipt of notices and communications sent to him by registered mail at his address of record.

CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

What if a lawyer is experiencing conflicts in trial dates?

Notice of change of address A lawyer owes his client and the court the duty to make of record his correct address in the case in which he appears for a suitor and to inform the court in writing of his change of address. The last address on record is the place where all notices shall be served until the court is official informed to the contrary. The negligence of counsel in not giving notice of his change of address is binding upon his client, and both the client and his counsel must suffer the consequences.

Notice of death of client It is the duty of a lawyer to inform the court, within 30 days, of the death of his client, and if the claim survives such death, also to inform of the names of the legal representatives of the deceased so that the latter can be substituted as parties. The failure of the lawyer to give such notice binds his client as well as the latters heirs of any adverse judgment in the case for the client is bound by the conduct, negligence and mistake of his counsel.

Requiring clerk of court to do his duty While it is the duty of the clerk of court to calendar the case for pre-trial and hearing, that duty does not relieve an attorney of his obligation to prosecute his case with diligence. If the clerk of court is negligent, it is the lawyers duty to call the attention of the court to that fact or to file the necessary motion to set the case for pre-trial or trial, so that the administration of justice will not suffer any delay. His failure to take such step may justify the dismissal of the action for failure to prosecute.

Duty to keep client fully informed It is the duty of an agreement to advise his client promptly whenever he has any information to give which it is important that the client receive it. The client is entitled to the fullest disclosure of the mode or manner by which his interest is defended or why certain steps are taken or omitted. The client should likewise be informed of and asked to be present at the hearing of his case. It is, however, the clients duty to make proper inquiries from his counsel concerning his case, in keeping with that standard of care which an ordinarily prudent man bestows upon his important business.

Standard of duty required of defense counsel An attorney for the defense in a criminal action, whether as counsel de parte or counsel de oficio, has the right and the duty to render effective legal assistance to the accused, irrespective of his personal opinions as to the guilt of his client. The right assumes an active involvement by the lawyer in the proceedings, particularly at the trial of the case, his bearing constantly in mind of the basic rights of the accused, his being well-

CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Rule 18. 04 A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable period of time to the clients request for information.

versed on the case and his knowing the fundamental procures, essential laws and existing jurisprudence. A defense counsel is expected to spare no effort to save his client from an unrighteous conviction and to present, by all fair and honorable means, every defense and mitigating circumstance that the law permits to the end that his client may not be deprived of life or liberty but by due process of law legally applied.

What is required of counsel de oficio A counsel de oficio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has as high a duty to a poor litigant as to a paying client. A counsel de oficio ought not to ask to be excused from his responsibility for any trivial reason. He may, of course, be permitted to withdraw as counsel de oficio on valid grounds.

Duty of defense counsel when accused intends to plead guilty It is the duty of defense counsel when his client desires to enter a plea of guilty, to: (a) Fully acquaint himself with the records and surrounding circumstances of the case; (b) Confer with the accused and obtain from him his account of what had happened; (c) Advise him of his constitutional rights; (d) Thoroughly explain to him the import of a guilty plea and the inevitable conviction that will follow; and (e) See to it that the prescribed procedure which experience has shown to be necessary to the administration of justice is strictly followed and disclosed in the court records. It has been asserted that there are some lawyers who handle large volumes of cases for less than spectacular fees by advising, influencing, cajoling or even coercing clients to plead guilty, irrespective of their guilt or innocence. It is unprofessional and a violation of the lawyers oath to induce a client to plead guilty to an offense which counsel knows his client did not commit. WACK WACK GOLF AND COUNTRY CLUB, INC. VS. COURT OF APPEALS Facts: Arcangel, a former employee of Wack Wack (WW), filed with the CFI a money claim case for overtime services rendered to WW, for unenjoyed vacation, moral damages, and atty.s fees. At the hearing of the case, neither WW nor its counsel, Balcoff et. al., appeared, despite notification. As a result, the lower court rendered judgment in favor of Arcangel. The firm of Chuidian, on behalf of WW, filed a petition to set aside the judgment on the ground of mistake, misunderstanding, and excusable neglect. According to the firm of Chuidian, WW was first represented by Balcoff et. al. Thereafter, WW decided to replace Balcoff et. al. with the Chuidian Law Office. When the representative of Chuidian went to the firm of Balcoff to inform the latter of the replacement, Mr. Balcoff was not in the office. Atty. Cruz of Balcoff et. al. declared that he had no authority to turn over the records of the case to Chuidian Law Office. As a result, Atty. Chuidian called Atty. Balcoff. Atty. Chuidian said that, inasmuch as Balcoff et. al. was still representing the WW, the Chuidian Law

CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Office will send a representative on the hearing day. However, no representative from the Chuidian Law Office came. (This is the misunderstanding that was mentioned above. Balcoff thought that Chuidian will be the one to appear instead of him.) Whether or Not the judgment in favor of Arcangel should be set aside based on misunderstanding.

Issue:

Held: The judgment should not be set aside. Misunderstanding alibi not accepted. The law firm of Balcoff and Cruz was still WWs counsel of record, because the firm of Chuidian only entered appearance after the date of the hearing mentioned above. As such counsel of record, Balcoff et. al. must have known that it is under obligation to protect WWs interest until its final release from the professional relationship. The lack of coordination and understanding between the two law firms cannot be considered a legal excuse within the ambit of excusable negligence. GARCIA VS BALA Facts: On April 8, 99 Spouses Garcia filed a Letter-Complaint against Atty. Bala, alleging he (1) failed to render a legal service contracted - preparation of a petition for review that he was to file w/ the CA for Department of Agrarian Relations Adjudication Board (DARAB) case (2) refused to return the P9200 legal fees they paid him and (3) hurled invectives at them when they asked him for a copy of the petition that he claimed to have filed. Atty. didn't give Comment when SC required him so he was presumed to have waived his right to be heard. He erroneously filed a Notice of Appeal w/ the DARAB instead of a verified petition for review resulting in the lapse of the prescribed period for filing the petition to the prejudice of his clients. (1) He might not have been in bad faith in filing a notice of appeal instead of a petition for review but his failure to use the proper legal remedy constituted lack of professional competency warrants sanction (2) His unjustified refusal and failure to return the money paid by his clients warrants sanction and return of P9200 (3) Uttering unsavory words against complainants during one instance when they had called on him to ask for a copy of the supposed appeal P5K fine + 6 mos. suspension IBP Board of Governors modified IBP investigator's recommendation - reprimand and suspend for 6mos + return P9.2K w/in 30 days.
CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

IBP investigation, report, and recommendation:

Negligence for Wrong Remedy

Once lawyers agree to take up the cause of a client, they owe fidelity to the cause and must always be mindful of the trust and confidence reposed in them. A client is entitled to the benefit of any and every remedy and defense authorized by law, and is expected to rely on the lawyer to assert every such remedy or defense.

He failed to champion the cause of his clients with wholehearted fidelity, care and devotion. Despite adequate time, he did not familiarize himself with the correct procedural remedy as regards their case. Worse, he repeatedly assured them that the supposed petition had already been filed. (Violated 18.02 and 18.03)

Conduct Unbecoming Having become aware of the wrong remedy he had erroneously taken, he purposely evaded complainants, refused to update them on the appeal, and misled them as to his whereabouts. (Violated 18.04 for denying them their rights to be updated on the developments and status of the case for which they had engaged his services.) Uttered invectives at them when they visited him for an update on the case. Lawyers may be disciplined - whether in their professional or in their private capacity - for any conduct that is wanting in morality, honesty, probity and good demeanor (Violation of Canon 7) His nonparticipation in the present proceedings ( and he never acknowledged nor offer any excuse for his noncompliance) manifests his disrespect of judicial authorities.

CANON 19: A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF LAW The lawyers obligation to represent his client with zeal and devotion must always be within the bounds of law. While his zeal in the task of advocacy is commendable and his persistence in the discharge of his responsibility is understandable, it should not amount to obstinacy nor should it be carried beyond the limits of sobriety and decorum.

MILLARE VS MONTERO Doctrine of the case: a lawyer is not a gun for hire. Advocacy, within the bounds of the law, permits the attorney to use any arguable

construction of the law or rules which is favorable to his client. BUT the lawyer is not allowed to knowingly advance a claim or defense that is unwarranted under existing law. He cannot prosecute patently frivolous and meritless appeals or institute clearly groundless actions.
Duty to restrain client from Impropriety A lawyer should use his best efforts to restrain and to prevent his client from doing those things which he himself ought not to do, particularly with reference to the conduct toward the

court, judicial officer, witness and suitor.

o If the client persists in such wrong doing, the lawyer should terminate their relation.

CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Rule 19.01 A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

Prosecuting or defending matrimonial cases In an annulment of marriage or legal separation proceeding, the circumstance that the state is vitally interested in the maintenance of the marriage relation DOES NOT NECESSARILY render improper the lawyers appearance for a party under such proceeding and securing for him what is due him under the law. Example of unethical conduct: o Lawyers participation in any collusion between parties Encouraging the commission of matrimonial offense; Fabricating evidence of such offense not actually committed; Suppressing evidence of a valid defense.

Rule 19.02 A lawyer who has received information that his client, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. A lawyer shall rectify clients fraud There is a distinction between 19.02 of the Code of Professional Responsibility and Canon 41 of the Canons of Professional Ethics. Rule 19.02 of the Code of Professional Responsibility provides:

x x x failing which he shall terminate the relationship with such client x x x.

Canon 41 of the Canons of Professional Ethics provides:

x x x if his client refuses to forego the advantage thus unjustly gained, he should properly inform the injured person or his counsel so that they may take appropriate steps.
CANON 18 AND 19 OF THE CODE OF PROFESSIONAL RESPONSIBILITY ASIDDAO, CAJAYON, DIAZ DE RIVERA

Between the two, Rule 19.02 should followed because Attorney-client privilege prevails.

Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling the case A lawyer shall not allow his client to dictate on the law A lawyer is not a gun for hire. (Millare v. Montero) HOWEVER, a lawyer should endeavor to seek instruction from his client on any SUBSTANTIAL matter concerning the litigation, which may require decision on the part of the client, such as whether to: compromise the case; or appeal an unfavorable judgment.