Professional Documents
Culture Documents
LAWYER
By: Justice Jose L. Sabio , Jr.
LEGAL ETHICS
That branch of moral science which treats of the duties which a lawyer
owes to the courts ,to his clients, to his colleagues in the profession and to
the public.(according to CALCOLM)
FOUR-FOLD DUTIES OF A LAWYER
1.To the courts
2.T o his clients
3.T o his colleagues in the profession
4.To the public
BREACH OF DUTIES OF AN ATTORNEY
I. TO THE COURT
a. As an officer of the court
b.Obstracting the administration of justice
c.Misleading the court
d.Preferring false charges
e.Introducing false evidence
f.Willfully disobeying court orders
g.Using vicious or disrespectful language
h.Continuing to practice after suspension
II. TO THE CLIENT
In general, he owes his client the duty of entire devotion to his
genuine interest,
Undivided allegiance, loyalty, fidelity and absolute integrity.
a. Negligence in the performance of his duties
b.Employment of unlawful means
c. Deciet or mispresentation
d. Representing adverse interest
e.Revealing clients secrets
f. Purchasing clients property in litigation
g.Failing to account or misappropriate clients funds/property
h. Collecting unreasonable fees
i. Acting without authority
j. Willfully appearing without being retained
III. TO HIS COLLEAGUES IN THE PROFESSION
LIABILITIES OF AN ATTORNEY
1.CRIMINAL LIABILITIES
Art. 209 (RPC)- In addition to the proper administrative
action, the penalty of prison correccional in its minimum period
or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon an attorney at law or solivitor who, by any
malicious breach of professional duty or inexcusable negligence
or ignorance ,shall prejudice his client or reveal any of the secrets
of the latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney at law or
solicitor , who, having undertaken the defense of a client, or
having received confidential information from said client in a case
, shall undertake the defense of the opposing party in the same
case, without the consent of his first client.
ACTS PENALIZED:
A. Causing prejudice to client through malicious breach of
professional duty or through inexcausable negligence.
DISCIPLINARY PROCEEDINGS
( nature/ who can institute?/ where to file and what actions may be
taken -- refer to other handout of disbarment proceedings)
DESISTANCE: EFFECT (Rayos-Ombac vs. Rayos [A.C. No. 2884. January 28,
1998]
PRESUMPTION/ BURDEN OF PROOF
Nakpil Vs. Valdez 268 SCRA 758
No presumption of innocence or improbability or wrongdoing is considered in an
attorneys favor. That is in keeping with the nature of disciplinary proceedings to look
into the moral fitness of an attorney.
SANCTIONS:
1. Warning
2. Admonition
3. Reprimand/censure
4. Fine
5. Suspension
6. Disbarment
7. It may also require restitution of the clients money as part of the penalty.
A. MITIGATING CIRCUMSTANCES
1. Good faith
2. Want of intention to commit a wrong
3. Lack of material damage to the complaining witness
4. Desistance of complainant
5. Youth and inexperience in the bar
6. Error in judgement
7. Honest and inefficient service in various government positions