April 14, 2014 Ethics Canon 4: A lawyer shall participate in the development of the legal system - Pillars (Interrelated)

- Participate in the law reform and or in the administration of justice. Canon 5: The duty to be Intelligent (Lawyer) - Readiness to perform his job o Strong moral fiber o Intellectual preparation o Agility in handling cases - Continuing Study - Study the changes of the law and keep reading jurisprudence - Changes in the society o The law does not exist in a vacuum o MCLE o Participate in the continuing legal education program. Areas you miss or analysis provided by the lecturer In correlation with different sets of laws - Support efforts to achieve high standards in the law school as well as in the practical training of Law Students. - The Legal Arena (Cultural Shock in the part of the new lawyer) o Liberality of the judge/ Strict treatment of the judge o Judges have different personalities (Create the kind of the court) o Signing of a testimonial in favor of the examinees. Examinees are required to submit four testimonials (Lawyer) Criminal Liability (issuance of a false certificate) Civil Liability (CPR) Damages - Obligation in the part of the lawyer to be intelligent, wise and dispenser of justice. - All lawyers are member of the IBP (Legal Aid Clinic) o Education campaign and free legal service. o Place you were born (Chapter) o Annual Dues (IBP DUES) o Responsibility toward the ibp. Attendance of meeting Free legal services You cannot resign as a lawyer without the approval of the supreme court. CANON 6 : These canons shall apply to lawyers in government service in the discharge of their official tasks. - Public official who is a lawyer can be sanctioned as a lawyer when violation constitutes infractions of the CPR. o Double Jeopardy o Lack of due process o Admin case Complaint for disbarment is impliedly instituted. Judge Complaint Lawyer Complaint Prosecutor (rules and regulations of the DOJ) Lawyer (CPR Ground)

Rule 6.01 : The primary duty of a lawyer engaged in public prosecution 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 the accused is highly reprehensible and is cause for disciplinary action - Persons o Declaration of Nullity or legal separation. o Power to be exercised by public prosecutor. Rule 6.02 : A lawyer is the government service shall not use his public positions to promote or advance his private interests not allow the latter to interfere with his public duties. Depends on the intention of the new lawyer. Matter of intention o Purpose is just to learn and not to profit from the employment (Ethical) o Prosecutors for 10 Years > they resign and become defense lawyers o Optional Retirement 65 years old) or Compulsory (70 yrs old) Use his personal connection Avoid revolving door practice.

Rule 6.03: A lawyer shall not, after other leaving the government service, accept engagement in connection with any matter in which he had intervened while in said service. Intervened: Active , not merely passive signing or supervision - Solicitor Genera Estelito Mendoza Case o Allied Bank; hidden wealth of Marcos o After his term as Sol Gen (Allied Bank Client) o Dismissed SC (Ministerial Duty) o Lawyer knows the strengths and weaknesses of the client. The knowledge learned may be used by the lawyer. Very important Representing conflict of interests are unethical. Personality may affect the way someone handles your case. Grave violation of the CPR. Mere possibility is enough Conflicting personalities over the person (UST CASE) Merge in you President of the union and lawyer. - Libel (Accused) o Tends NOTE: Conflict of Interest: Mere possibility is enough to site a lawyer for violation of the CPR. Chapter II: Lawyer and the Legal Profession Canon 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar. - IBP is non political, the government official in the official list, - Term of endearment - Membership in the IBP may be terminated voluntarily but one cannot waive obligations. Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or suppressing material fact in connection with his application for admission to the bar

Rule 7.02: A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education or other relevant attributes. March 2014 case decided (Homeowners Association vs. President of the association (Lawyer) o Ibinenta ung kaso sa kalaban. o He did not exert effort to prosecute the case o If there is a violation; there must be a corresponding sanction Non Political

Rule 7.03 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 a scandalous manner to the discredit of the legal profession. Canon 8: A lawyer shall conduct himself with courtesy fairness and candor toward his professional colleagues and shall avoid harassing tactics against opposing counsel - give notice to the old counsel - Client should get conformity. - Courteous Rule 8.01: A lawyer shall not