Practice of Law Any activity, in or out of court, which requires the application of law, legal procedures, knowledge, training

and experience. (ulep vs. legal clinic)

Legal Ethics The branch of moral science that treats of the duties of a lawyer as it owes to its client, to the court, the bar and the public.

Judicial Ethics The branch of moral science which treats of the right and proper conduct of judges and magistrates in deciding controversies brought to them for adjudication which must be demonstrative of impartiality, competence, integrity, and independence and free from improprieties.

A. The Lawyer and Society MEMORY AID FOR CANONS UNDER THISSECTION: o Promote and Respect the Law and Legal Process (Canon 1) No Unlawful, Dishonest, Immoral, DeceitfulConduct (Rule 1.01) o No Counseling to Defy Law (Rule 1.02) o No Encouragement of Lawsuit or Proceedings(Rule 1.03) o Encourage Client to Avoid Controversy (Rule 1.04) o Provide Efficient and Convenient Legal Services (Canon 2) Not to Reject the Defenseless or Oppressed (Rule 2.01) o Not to Refuse to Give Legal Advice (Rule2.02) o No Solicitation (Rule 2.03) o No Rates Other than Customarily Charged (Rule 2.04) o Information on Legal Services that is true, Honest, Fair and Dignified (Canon 3) o No Fair or Unfair Claim re: Qualifications (Rule 3.01) o No False or Misleading Firm Name (Rule 3.02) o Partners Assuming Public Office (Rule 3.03) o No Use of Media to Attract Legal Business (Rule 3.04) o Support for Legal Reforms and Administration of Justice (Canon 4) While the lawyers task in contributing to the improvement of the legal system is not a matter of strict duty, it is a duty nevertheless that flows from the lawyers sense of public responsibility. o Participate in Legal Education Program (Canon 5)

Bar Matter 850 Mandatory Continuing Legal Education9 o Applies to Lawyers in Government Service (Canon 6) o Primary Duty: See Justice Is Done (Rule 6.01) o Not to Use Public Position for Private Interest (Rule 6.02) o Not to Engage in Related Employment (Rule 6.03) B. The Lawyer and the Legal Profession Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legalprofession and support the activities of the integrated bar. o No False Statement (Rule 7.01) o Not to Support Unqualified Bar Applicant (Rule 7.02) o No Conduct Adversely Affecting the Profession (Rule 7.03) Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. o No Abusive and Improper Language (Rule8.01) o Not to Encroach on Professional Employment(Rule 8.02) Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. o Not to Delegate Work (Rule 9.01) o Not to Divide Legal Fees (Rule 9.02) C. The Lawyer and the Courts MEMORY AID FOR CANONS UNDER THIS SECTION: Observe Candor, Fairness and Good Faith (Canon 10) o Truthfulness Towards the Court (Rule 10.01) o Not to Misquote or Misrepresent Contents of Paper (Rule 10.02) o Observe Rules of procedure (10.03) Respect Courts and Judicial Officers (Canon 11) o Proper Attire (Rule 11.01) o Punctuality (Rule 11.02) o Proper Language and Behavior (Rule 11.03) o Not to Attribute Motives to Judge (Rule 11.04) o Grievance Against Judge (Rule 11.05) Assist in Speedy and Efficient Administration of Justice (Canon 12) o Adequate Preparation (Rule 12.01) o Forum Shopping (Rule 12.02) o Not to Delay Case (Rule 12.03)

o Court Process (Rule 12.04) o Proper Behavior (Rule 12.05-12.07) o Not to Testify on Behalf of Client (Rule 12.08) Refrain from Act Giving Appearance of Influence (Canon 13) o No Extraordinary Attention (Rule 13.01) o No Public Statements to Media (Rule 13.02) o Not to Invite Outside Interference (Rule 13.03) D. The Lawyer and the Client MEMORY AID FOR CANONS UNDER THIS SECTION: Service to the Needy (Canon 14) o Availability of Services Regardless of Status (Rule 14.01) o Providing Counsel de Oficio (Rule 14.02) o Valid Ground for Refusal (Rule 14.03) o Same Standard of Conduct for All Clients (Rule 14.04) Observe Candor, Fairness, Loyalty (Canon 15) o Conflict of Interest (Rule 15.01 and 15.03) o Privileged Communication (Rule 15.02) o Mediator, Conciliator or Arbiter (Rule 15.04) o Candid, Honest Advice (Rule 15.05) o Not to Claim Influence (Rule 15.06) o Impress Compliance with Laws (Rule 15.07) o Dual Profession (Rule 15.08) Hold in Trust Clients Moneys and Properties (Canon 16) o Account (Rule 16.01) o Keep Clients Fund Separate (Rule 16.02) o Lawyers Lien (Rule 16.03) o No Borrowing, Lending (Rule 16.04) Trust and Confidence (Canon 17)

Competence and Diligence (Canon 18) o Client Consent with Collaborating Counsel (Rule 18.01) o Adequate Preparation (Rule 18.02) o Not to neglect Legal Matters (Rule 18.03) o Inform Client of Case Statue (Rule 18.04) Representation with Zeal (Canon 19) o Fair and Honest (Rule 19.01) o Rectify Clients Fraud (Rule 19.02) o Control Proceedings (Rule 19.03)

Attorneys Fees (Canon 20) o Fee Guide (Rule 20.01) o Clients Consent of Fees for Referral (Rule 20.02) o Clients Consent of Acceptance fee (Rule 20.03) o Avoid Compensation Controversy with Client (Rule 20.04) Preserve Clients Confidence (Canon 21) o Revelations of Confidence and Secrets Allowed (Rule 21.01) o Use of Information Received in Course of Employment Allowed (Rule 21.02) o Prohibition to Giving of Information Outside Agency (Rule 21.03) o Protection from Disclosure (Rule 21.04 21.05) o Prohibition of Indiscreet Conversation (Rule 21.06) o Not to Reveal that Lawyer was Consulted (Rule 21.07) Withdrawal of Services for Good Cause (Canon 22) o Good Causes for Withdrawal of Services(Rule 22.01) o Duties of Lawyer who Withdraws (Rule 22.02) SUI GENERIS, it is a class of its own since it is neither civil nor criminal Disciplinary proceedings against lawyers are sui generis: neither purely civil nor purely criminal. It is notand does not involvea trial of an action or a suit, but is rather an investigation by the Court in the conduct of its officers. Not being intended to inflict punishment, it is no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor. xxxxx Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be. NEW CODE OF JUDICIAL CONDUCT Canon 1 Independence Independent judicial function (Sec. 1) Outside pressure (Sec. 2) Influencing outcome of litigation (Sec. 3) Influence on judicial conduct (Sec. 4) Independence from executive and legislative (Sec. 5) Independence from society and particular parties (Sec. 6) Safeguards for judicial independence (Sec. 7) Promote Public confidence (Sec. 8) Canon 2 Integrity Conduct above reproach (Sec. 1) Reaffirm peoples faith (Sec. 2) Disciplinary action (Sec. 3)

Canon 3 Impartiality Judicial duties free from bias (Sec. 1) Promote confidence, impartiality (Sec. 2) Minimize instances of disqualification (Sec. 3) Public comments pending and impending case (Sec. 4) Disqualifications (Sec. 5) Remittal of disqualifications (Sec. 6) Canon 4 Propriety Avoidance of Impropriety (Sec. 1) Acceptance of Personal Restrictions (Sec.2) Avoidance of Controversy (Sec. 3) Not participate in cases where he may be impartial (Sec. 4) Not allow the use of his residence by other lawyers (Sec. 5) Freedom of Expression (Sec. 6) Be informed of his financial interests (Sec. 7) Influence of Judicial Conduct (Sec. 8) Confidential Information (Sec. 9) Engage in other activities (Sec. 10) Practice of Profession (Sec. 11) Form associations (Sec. 12) Gifts, Requests, Loans (Sec. 13) Gifts, Requests, Loans by staff (Sec. 14) Permissible tokens and awards (Sec. 15) Canon 5 Equality Understand the diversity in society (Sec. 1) Not to manifest bias or prejudice (Sec. 2) Not to differentiate (Sec. 3) Not to influence staff (Sec. 4) Attitude to parties appearing in court (Sec. 5) Canon 6 Competence and Diligence Duties take precedence (Sec. 1) Perform administrative duties (Sec. 2) Maintain professional competence (Sec. 3) Be informed about the law (Sec. 4) Prompt decision making (Sec. 5) Maintain order in proceedings (Sec. 6) Not to engage in conduct contrary to duties (Sec. 7) Doctrine of quantum meruit - is a device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it.

The principle of quantum meruit applies if a lawyer is employed without a price agreed upon for his services in which case he would be entitled to receive what he merits for his services, as much as he has earned.

RES IPSA LOQUITUR (the thing speaks for itself) - This principle or doctrine applies to both judges and lawyers. Judges had been dismissed from the service without the need for a formal investigation because based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs. Mercado, 154 SCRA 567) CONTINGENT FEE CONTRACT - It is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is a valid agreement. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation. (1990, 2000, 2002 BAR EXAMS) CHAMPERTOUS CONTRACT - One where the lawyer agrees to conduct the litigation on his own account and to pay the expenses thereof, and to receive as his fee a portion of the proceeds of the judgment. It is contrary to public policy and invalid because it violates the fiduciary relationship between the lawyer and his client. (Bautista vs. Gonzales, 182 SCRA 151, 1990) (1990, 2000 BAR EXAMS)