Professional Documents
Culture Documents
Dishonesty, gross immorality, and violations of the law can be grounds to file
disciplinary proceedings against any lawyer
It need not be committed in relation to his professional duties; the lawyer
may be sanctioned even for acts committed in his private affairs.
o Patronizing prostitution
Good moral character is a requisite for the practice of the law and is a
continuing requirement.
Conviction of a crime involving moral turpitude = a lawyer is deemed to have
become unfit to uphold the administration of justice and to be no longer
possessed of good moral character
Gross immorality an act so corrupt and false as to constitute a criminal act
or so unprincipled or disgraceful as to be reprehensible to a high degree; it is
a wilful, flagrant, or shameless act which shows moral indifference to the
opinion of respectable members of the community.
o Forging public instruments
o Marital infidelity
Gross immorality, not mere immorality, is sanctioned; however, gross
immorality need not be scandalous nor be punishable by law.
Unlawful Conduct acts that tend to directly violate the laws.
o Use of prohibited drugs
Gross misconduct any inexcusable, shameful or flagrant unlawful conduct
on the part of the person concerned in the administration of justice which is
prejudicial to the rights of the parties or to the right determination of the
cause; generally motivated by a premeditated, obstinate, or intentional
purpose; however, it does not necessarily imply corruption or criminal intent.
o Rape even if his guilt is not proven beyond reasonable doubt
o Firing of a gun because of a traffic altercation
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
The lawyer is mandated not to counsel other people or abet the activities of
other people which defy the law or denigrate the legal system.
o Advising clients on how to fraudulently circumvent the law by
executing fake documents or procuring the services of fake witnesses
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any mans cause.
Encouraging suits or legal action must always be with the noble intent to
pursue or protect a right.
o Purposefully delaying or postponing trial for money or to the
disadvantage of the other party
Barratry The offense of frequently exciting and stirring up quarrels and
suits, either at law or otherwise.
o A lawyer threatening to sue in order to get his way. (kakasuhan kita
kung hindi mo ibibigay)
o Encouraging another to sue based on a simple misunderstanding which
can be settled even without court intervention (simpleng away
magkapit-bahay)
Maintenance The intermeddling of an uninterested party to encourage a
lawsuit.
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit a fair settlement.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenceless or the oppressed.
Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latters rights.
Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily
to solicit legal business.
Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
Duty to shun cut-throat rates by lowering legal fees to attract paying clients.
Rates customarily prescribed are generally dictated by the market forces.
o Limits of self-laudation
The lawyer may not announce his record in obtaining
favorable judgments.
RATIONALE: It is deceptive because past performance of a
lawyer is not indicative of his future performance. No
lawyer can guarantee the results of any legal action.
RULE 3.04. Duty Not to Pay Media for Publicity. A lawyer shall not
pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
o To attract legal business is a callous attempt to commercialize
the legal profession.
o Williams v. Enriquez,
Canon 5 of the Code of Professional Responsibility requires
that a lawyer be updated in the latest laws and
jurisprudence.