CAN0N 1 - A LAWYER SBALL 0PB0LB TBE C0NSTIT0TI0N, 0BEY TBE LAWS 0F TBE LANB ANB PR0N0TE RESPECT F0R LAW ANB LEuAL PR0CESSES. Rule 1.u1 - A lawyei shall not engage in unlawful, uishonest, immoial oi ueceitful conuuct. Rule 1.u2 - A lawyei shall not counsel oi abet activities aimeu at uefiance of the law oi at lessening confiuence in the legal system. Rule 1.uS - A lawyei shall not, foi any coiiupt motive oi inteiest, encouiage any suit oi pioceeuing oi uelay any man's cause. Rule 1.u4 - A lawyei shall encouiage his clients to avoiu, enu oi settle a contioveisy if it will aumit of a faii settlement.
CAN0N 2 - A LAWYER SBALL NAKE BIS LEuAL SERvICES AvAILABLE IN AN EFFICIENT ANB C0NvENIENT NANNER C0NPATIBLE WITB TBE INBEPENBENCE, INTEuRITY ANB EFFECTIvE-NESS 0F TBE PR0FESSI0N. Rule 2.u1 - A lawyei shall not ieject, except foi valiu ieasons, the cause of the uefenseless oi the oppiesseu. Rule 2.u2 - In such cases, even if the lawyei uoes not accept a case, he shall not iefuse to ienuei legal auvice to the peison conceineu if only to the extent necessaiy to safeguaiu the lattei's iights. Rule 2.uS - A lawyei shall not uo oi peimit to be uone any act uesigneu piimaiily to solicit legal business. Rule 2.u4 - A lawyei shall not chaige iates lowei than those customaiily piesciibeu unless the ciicumstances so waiiant.
CAN0N S - A LAWYER IN NAKINu KN0WN BIS LEuAL SERvICES SBALL 0SE 0NLY TR0E, B0NEST, FAIR, BIuNIFIEB ANB 0B}ECTIvE INF0RNATI0N 0R STATENENT 0F FACTS. Rule S.u1 - A lawyei shall not use oi peimit the use of any false, fiauuulent, misleauing, ueceptive, unuignifieu, self-lauuatoiy oi unfaii statement oi claim iegaiuing his qualifications oi legal seivices. Rule S.u2 - In the choice of a fiim name, no false, misleauing oi assumeu name shall be useu. The continueu use of the name of a ueceaseu paitnei is peimissible pioviueu that the fiim inuicates in all its communications that saiu paitnei is ueceaseu. Rule S.uS - Wheie a paitnei accepts public office, he shall withuiaw fiom the fiim anu his name shall be uioppeu fiom the fiim name unless the law allows him to piactice law concuiiently. Rule S.u4 - A lawyei shall not pay oi give anything of value to iepiesentatives of the mass meuia in anticipation of, oi in ietuin foi, publicity to attiact legal business.
CAN0N 4 - A LAWYER SBALL PARTICIPATE IN TBE BEvEL0PNENT 0F TBE LEuAL SYSTEN BY INITIATINu 0R S0PP0RTINu EFF0RTS IN LAW REF0RN ANB IN TBE INPR0vENENT 0F TBE ABNINISTRATI0N 0F }0STICE.
CAN0N S - A LAWYER SBALL KEEP ABREAST 0F LEuAL BEvEL0PNENTS, PARTICIPATE IN C0NTIN0INu LEuAL EB0CATI0N PR0uRANS, S0PP0RT EFF0RTS T0 ACBIEvE BIuB STANBARBS IN LAW SCB00LS AS WELL AS IN TBE PRACTICAL TRAININu 0F LAW ST0BENTS ANB ASSIST IN BISSENINATINu INF0RNATI0N REuARBINu TBE LAW ANB }0RISPR0BENCE.
CAN0N 6 - TBESE CAN0NS SBALL APPLY T0 LAWYERS IN u0vERNNENT SERvICE IN TBE BISCBARuE 0F TBEIR 0FFICIAL TASKS. Rule 6.u1 - The piimaiy uuty of a lawyei engageu in public piosecution is not to convict but to see that justice is uone. The suppiession of facts oi the concealment of witnesses capable of establishing the innocence of the accuseu is highly iepiehensible anu is cause foi uisciplinaiy action. Rule 6.u2 - A lawyei in the goveinment seivice shall not use his public position to piomote oi auvance his piivate inteiests, noi allow the lattei to inteifeie with his public uuties. Rule 6.uS - A lawyei shall not, aftei leaving goveinment seivice, accept engagement oi employment in connection with any mattei in which he hau inteiveneu while in saiu seivice. CBAPTER II. LAWYER ANB TBE LEuAL PR0FESSI0N
CAN0N 7 - A LAWYER SBALL AT ALL TINES 0PB0LB TBE INTEuRITY ANB BIuNITY 0F TBE LEuAL PR0FESSI0N ANB S0PP0RT TBE ACTIvITIES 0F TBE INTEuRATEB BAR. Rule 7.u1 - A lawyei shall be answeiable foi knowingly making a false statement oi suppiessing a mateiial fact in connection with his application foi aumission to the bai. Rule 7.u2 - A lawyei shall not suppoit the application foi aumission to the bai of any peison known by him to be unqualifieu in iespect to chaiactei, euucation, oi othei ielevant attiibute. Rule 7.uS - A lawyei shall not engage in conuuct that auveisely ieflects on his fitness to piactice law, noi shall he, whethei in public oi piivate life, behave in a scanualous mannei to the uiscieuit of the legal piofession.
CAN0N 8 - A LAWYER SBALL C0NB0CT BINSELF WITB C00RTESY, FAIRNESS ANB CANB0R T0WARB BIS PR0FESSI0NAL C0LLEAu0ES, ANB SBALL Av0IB BARASSINu TACTICS AuAINST 0PP0SINu C00NSEL. Rule 8.u1 - A lawyei shall not, in his piofessional uealings, use language which is abusive, offensive oi otheiwise impiopei. Rule 8.u2 - A lawyei shall not, uiiectly oi inuiiectly, encioach upon the piofessional employment of anothei lawyei; howevei, it is the iight of any lawyei, without feai oi favoi, to give piopei auvice anu assistance to those seeking ielief against unfaithful oi neglectful counsel.
CAN0N 9 - A LAWYER SBALL N0T, BIRECTLY 0R INBIRECTLY, ASSIST IN TBE 0NA0TB0RIZEB PRACTICE 0F LAW. Rule 9.u1 - A lawyei shall not uelegate to any unqualifieu peison the peifoimance of any task which by law may only be peifoimeu by a membei of the Bai in goou stanuing. Rule 9.u2 - A lawyei shall not uiviue oi stipulate to uiviue a fee foi legal seivices with peisons not licenseu to piactice law, except: a) Wheie theie is a pie-existing agieement with a paitnei oi associate that, upon the lattei's ueath, money shall be paiu ovei a ieasonable peiiou of time to his estate oi to peisons specifieu in the agieement; oi b) Wheie a lawyei unueitakes to complete unfinisheu legal business of a ueceaseu lawyei; oi c) Wheie a lawyei oi law fiim incluues non- lawyei employees in a ietiiement plan, even if the plan is baseu in whole oi in pait, on a piofitable shaiing aiiangement.
CBAPTER III. TBE LAWYER ANB TBE C00RTS CAN0N 1u - A LAWYER 0WES CANB0R, FAIRNESS ANB u00B FAITB T0 TBE C00RT. Rule 1u.u1 - A lawyei shall not uo any falsehoou, noi consent to the uoing of any in Couit; noi shall he misleau, oi allow the Couit to be misleu by any aitifice. Rule 1u.u2 - A lawyei shall not knowingly misquote oi misiepiesent the contents of papei, the language oi the aigument of opposing counsel, oi the text of a uecision oi authoiity, oi knowingly cite as law a piovision alieauy ienueieu inopeiative by iepeal oi amenument, oi asseit as a fact that which has not been pioveu. Rule 1u.uS - A lawyei shall obseive the iules of pioceuuie anu shall not misuse them to uefeat the enus of justice.
CAN0N 11 - A LAWYER SBALL 0BSERvE ANB NAINTAIN TBE RESPECT B0E T0 TBE C00RTS ANB T0 }0BICIAL 0FFICERS ANB SB00LB INSIST 0N SINILAR C0NB0CT BY 0TBERS. Rule 11.u1 - A lawyei shall appeai in couit piopeily attiieu. Rule 11.u2 - A lawyei shall punctually appeai at couit heaiings. Rule 11.uS - A lawyei shall abstain fiom scanualous, offensive oi menacing language oi behavioi befoie the Couits. Rule 11.u4 - A lawyei shall not attiibute to a }uuge motives not suppoiteu by the iecoiu oi have no mateiiality to the case. Rule 11.uS - A lawyei shall submit giievances against a }uuge to the piopei authoiities only.
CAN0N 12 - A LAWYER SBALL EXERT EvERY EFF0RT ANB C0NSIBER IT BIS B0TY T0 ASSIST IN TBE SPEEBY ANB EFFICIENT ABNINISTRATI0N 0F }0STICE. Rule 12.u1 - A lawyei shall not appeai foi tiial unless he has auequately piepaieu himself on the law anu the facts of his case, the eviuence he will auuuce anu the oiuei of its piefeiences. Be shoulu also be ieauy with the oiiginal uocuments foi compaiison with the copies. Rule 12.u2 - A lawyei shall not file multiple actions aiising fiom the same cause. Rule 12.uS - A lawyei shall not, aftei obtaining extensions of time to file pleauings, memoianua oi biiefs, let the peiiou lapse without submitting the same oi offeiing an explanation foi his failuie to uo so. Rule 12.u4 - A lawyei shall not unuuly uelay a case, impeue the execution of a juugement oi misuse Couit piocesses. Rule 12.uS - A lawyei shall iefiain fiom talking to his witness uuiing a bieak oi iecess in the tiial, while the witness is still unuei examination. Rule 12.u6 - A lawyei shall not knowingly assist a witness to misiepiesent himself oi to impeisonate anothei. Rule 12.u7 - A lawyei shall not abuse, biowbeat oi haiass a witness noi neeulessly inconvenience him. Rule 12.u8 - A lawyei shall avoiu testifying in behalf of his client, except: a) on foimal matteis, such as the mailing, authentication oi custouy of an instiument, anu the like, oi b) on substantial matteis, in cases wheie his testimony is essential to the enus of justice, in which event he must, uuiing his testimony, entiust the tiial of the case to anothei counsel. CAN0N 1S - A LAWYER SBALL RELY 0P0N TBE NERITS 0F BIS CA0SE ANB REFRAIN FR0N ANY INPR0PRIETY WBICB TENBS T0 INFL0ENCE, 0R uIvES TBE APPEARANCE 0F INFL0ENCINu TBE C00RT Rule 1S.u1 - A lawyei shall not extenu extiaoiuinaiy attention oi hospitality to, noi seek oppoitunity foi cultivating familiaiity with }uuges. Rule 1S.u2 - A lawyei shall not make public statements in the meuia iegaiuing a penuing case tenuing to aiouse public opinion foi oi against a paity. Rule 1S.uS - A lawyei shall not biook oi invite inteifeience by anothei bianch oi agency of the goveinment in the noimal couise of juuicial pioceeuings.
CBAPTER Iv. TBE LAWYER ANB TBE CLIENT CAN0N 14 - A LAWYER SBALL N0T REF0SE BIS SERvICES T0 TBE NEEBY. Rule 14.u1 - A lawyei shall not uecline to iepiesent a peison solely on account of the lattei's iace, sex, cieeu oi status of life, oi because of his own opinion iegaiuing the guilt of saiu peison. Rule 14.u2 - A lawyei shall not uecline, except foi seiious anu sufficient cause, an appointment as counsel ue oficio oi as amicus cuiiae, oi a iequest fiom the Integiateu Bai of the Philippines oi any of its chapteis foi ienuition of fiee legal aiu. Rule 14.uS - A lawyei may not iefuse to accept iepiesentation of an inuigent client unless: a) he is in no position to caiiy out the woik effectively oi competently; b) he labois unuei a conflict of inteiest between him anu the piospective client oi between a piesent client anu the piospective client; Rule 14.u4 - A lawyei who accepts the cause of a peison unable to pay his piofessional fees shall obseive the same stanuaiu of conuuct goveining his ielations with paying clients.
CAN0N 1S - A LAWYER SBALL 0BSERvE CANB0R, FAIRNESS ANB L0YALTY IN ALL BIS BEALINuS ANB TRANSACTI0NS WITB BIS CLIENTS. Rule 1S.u1 - A lawyei, in confeiiing with a piospective client, shall asceitain as soon as piacticable whethei the mattei woulu involve a conflict with anothei client oi his own inteiest, anu if so, shall foithwith infoim the piospective client. Rule 1S.u2 - A lawyei shall be bounu by the iule on piivilege communication in iespect of matteis uiscloseu to him by a piospective client. Rule 1S.uS - A lawyei shall not iepiesent conflicting inteiests except by wiitten consent of all conceineu given aftei a full uisclosuie of the facts. Rule 1S.u4 - A lawyei may, with the wiitten consent of all conceineu, act as meuiatoi, conciliatoi oi aibitiatoi in settling uisputes. Rule 1S.uS - A lawyei when auvising his client, shall give a canuiu anu honest opinion on the meiits anu piobable iesults of the client's case, neithei oveistating noi unueistating the piospects of the case. Rule 1S.u6 - A lawyei shall not state oi imply that he is able to influence any public official, tiibunal oi legislative bouy. Rule 1S.u7 - A lawyei shall impiess upon his client compliance with the laws anu piinciples of faiiness. Rule 1S.u8 - A lawyei who is engageu in anothei piofession oi occupation concuiiently with the piactice of law shall make cleai to his client whethei he is acting as a lawyei oi in anothei capacity.
CAN0N 16 - A LAWYER SBALL B0LB IN TR0ST ALL N0NEYS ANB PR0PERTIES 0F BIS CLIENT TBAT NAY C0NE INT0 BIS P0SSESSI0N. Rule 16.u1 - A lawyei shall account foi all money oi piopeity collecteu oi ieceiveu foi oi fiom the client. Rule 16.u2 - A lawyei shall keep the funus of each client sepaiate anu apait fiom his own anu those of otheis kept by him. Rule 16.uS - A lawyei shall uelivei the funus anu piopeity of his client when uue oi upon uemanu. Bowevei, he shall have a lien ovei the funus anu may apply so much theieof as may be necessaiy to satisfy his lawful fees anu uisbuisements, giving notice piomptly theieaftei to his client. Be shall also have a lien to the same extent on all juugements anu executions he has secuieu foi his client as pioviueu foi in the Rules of Couit. Rule 16.u4 - A lawyei shall not boiiow money fiom his client unless the client's inteiests aie fully piotecteu by the natuie of the case oi by inuepenuent auvice. Neithei shall a lawyei lenu money to a client except, when in the inteiest of justice, he has to auvance necessaiy expenses in a legal mattei he is hanuling foi the client.
CAN0N 17 - A LAWYER 0WES FIBELITY T0 TBE CA0SE 0F BIS CLIENT ANB BE SBALL BE NINBF0L 0F TBE TR0ST ANB C0NFIBENCE REP0SEB IN BIN.
CAN0N 18 - A LAWYER SBALL SERvE BIS CLIENT WITB C0NPETENCE ANB BILIuENCE. Rule 18.u1 - A lawyei shall not unueitake a legal seivice which he knows oi shoulu know that he is not qualifieu to ienuei. Bowevei, he may ienuei such seivice if, with the consent of his client, he can obtain as collaboiating counsel a lawyei who is competent on the mattei. Rule 18.u2 - A lawyei shall not hanule any legal mattei without auequate piepaiation. Rule 18.uS - A lawyei shall not neglect a legal mattei entiusteu to him, anu his negligence in connection theie with shall ienuei him liable. Rule 18.u4 - A lawyei shall keep the client infoimeu of the status of his case anu shall iesponu within a ieasonable time to client's iequest foi infoimation.
CAN0N 19 - A LAWYER SBALL REPRESENT BIS CLIENT WITB ZEAL WITBIN TBE B00NBS 0F TBE LAW. Rule 19.u1 - A lawyei shall employ only faii anu honest means to attain the lawful objectives of his client anu shall not piesent, paiticipate in piesenting oi thieaten to piesent unfounueu ciiminal chaiges to obtain an impiopei auvantage in any case oi pioceeuing. Rule 19.u2 - A lawyei who has ieceiveu infoimation that his client has, in the couise of the iepiesentation, peipetiateu a fiauu upon a peison oi tiibunal, shall piomptly call upon the client to iectify the same, anu failing which he shall teiminate the ielationship with such client in accoiuance with the Rules of Couit. Rule 19.uS - A lawyei shall not allow his client to uictate the pioceuuie on hanuling the case.
CAN0N 2u - A LAWYER SBALL CBARuE 0NLY FAIR ANB REAS0NABLE FEES. Rule 2u.u1 - A lawyei shall be guiueu by the following factois in ueteimining his fees: a) The time spent anu the extent of the seivices ienueieu oi iequiieu; b) The novelty anu uifficulty of the questions involveu; c) The impoitance of the subject mattei; u) The skill uemanueu; e) The piobability of losing othei employment as a iesult of acceptance of the pioffeieu case; f) The customaiy chaiges foi similai seivices anu the scheuule of fees of the IBP chaptei to which he belongs; g) The amount involveu in the contioveisy anu the benefits iesulting to the client foim the seivice; h) The contingency oi ceitainty of compensation; i) The chaiactei of the employment, whethei occasional oi establisheu; anu j) The piofessional stanuing of the lawyei. Rule 2u.u2 - A lawyei shall, in cases of iefeiial, with the consent of the client, be entitleu to a uivision of fees in piopoition to woik peifoimeu anu iesponsibility assumeu.
Rule 2u.uS - A lawyei shall not, without the full knowleuge anu consent of the client, accept any fee, iewaiu, costs, commission, inteiest, iebate oi foiwaiuing allowance oi othei compensation whatsoevei ielateu to his piofessional employment fiom anyone othei than the client. Rule 2u.u4 - A lawyei shall avoiu contioveisies with clients conceining his compensation anu shall iesoit to juuicial action only to pievent imposition, injustice of fiauu.
CAN0N 21 - A LAWYER SBALL PRESERvE TBE C0NFIBENCE ANB SECRETS 0F BIS CLIENT EvEN AFTER TBE ATT0RNEY-CLIENT RELATI0N IS TERNINATEB Rule 21.u1 - A lawyei shall not ieveal the confiuences oi seciets of his client except: a) When authoiizeu by the client aftei acquianting him of the consequences of the uisclosuie; b) When iequiieu by law; c) When necessaiy to collect his fees oi to uefenu himself, his employees oi associates oi by juuicial action. Rule 21.u2 - A lawyei shall not, to the uisauvantage of his client, use infoimation acquiieu in the couise of employment, noi shall he use he same to his own auvantage oi that of a thiiu peison, unless the client with full knowleuge of the ciicumstances consents theieto. Rule 21.uS - A lawyei shall not, without the wiitten consent of his client, give infoimation fiom his files to an outsiue agency seeking such infoimation foi auuiting, statistical, bookkeeping, accounting, uata piocessing, oi any similai puipose. Rule 21.u4 - A lawyei may uisclose the affaiis of a client of the fiim to paitneis oi associates theieof unless piohibiteu by the client. Rule 21.uS - A lawyei shall auopt such measuies as may be iequiieu to pievent those whose seivices aie utilizeu by him, fiom uisclosing oi using confiuences oi seciets of the client. Rule 21.u6 - A lawyei shall avoiu inuiscieet conveisation about a client's affaiis even with membeis of his family. Rule 21.u7 - A lawyei shall not ieveal that he has been consulteu about a paiticulai case except to avoiu possible conflict of inteiest.
CAN0N 22 - A LAWYER SBALL WITBBRAW BIS SERvICES 0NLY F0R u00B CA0SE ANB 0P0N N0TICE APPR0PRIATE IN TBE CIRT0NSTANCES. Rule 22.u1 -A lawyei may withuiaw his seivices in any of the following cases: a) When the client puisues an illegal oi immoial couise of conuuct in connection with the mattei he is hanuling; b) When the client insists that the lawyei puisue conuuct violative of these canons anu iules; c) When his inability to woik with co-counsel will not piomote the best inteiest of the client; u) When the mental oi physical conuition of the lawyei ienueis it uifficult foi him to caiiy out the employment effectively; e) When the client uelibeiately fails to pay the fees foi the seivices oi fails to comply with the ietainei agieement; f) When the lawyei is electeu oi appointeu to public office; anu g) 0thei similai cases. Rule 22.u2 - A lawyei who withuiaws oi is uischaigeu shall, subject to a ietainei lien, immeuiately tuin ovei all papeis anu piopeity to which the client is entitleu, anu shall coopeiate with his successoi in the oiueily tiansfei of the mattei, incluuing all infoimation necessaiy foi the piopei hanuling of the mattei. The Coue of Piofessionall Responsibility was initially uiafteu by the Committee on Piofessional Responsibility, Biscipline anu Bisbaiment of the Integiateu Bai of the Philippines, composeu of Bean Iiene Coites as Chaiiman anu }ustice Caiolina uiio- Aquino, Attys. uonzalo W. uonzalez, Naicelo B. Feinan, Camilo Quiason, }ose F. Espinosa anu Caimelo v. Sison as membeis, with foimei Chief }ustice Robeito Concepcion anu foimei }ustice }ose B.L. Reyes as consultants, anu Piof. Nyina S. Feliciano anu Atty.Concepcion Lim-}aiueleza as iesouice peisons.
First National Bank and Trust Company of Williston, A National Banking Corporation v. St. Paul Fire and Marine Insurance Company, A Capital Stock Corporation, 971 F.2d 142, 1st Cir. (1992)