Professional Documents
Culture Documents
FINALS REVIEWER
Victoria Caranay A2014
Based on the Course outline, notes, and Q&A by Prof. Juan-Bautista and her book // Other sources: New judicial code of conduct and code of conduct for
court personnel
RED MEANS MEMORIZE!
LAWYERS IN SOCIETY
1.
Persons
skilled
and
trained
in
deciphering the law are necessary in
order that legal rules are not applied
arbitrarily, randomly and unfairly.
[Wolfram 1986]
Legal
ethics
began
in
the
Philippines with the Canons of
Professional Ethics framed by the
American Bar Association in 1908.
Revised in 1946
2.
CONSTITUTION
managers,
high-level
technical
manpower and skilled workers and
craftsmen in all fields shall be
promoted by the State. The State
shall
encourage
appropriate
technology and regulate its transfer
for the national benefit.
The practice of all professions in the
Philippines shall be limited to
Filipino citizens, save in cases
prescribed by law.
CASES
o People v. Jalosjos A congressman is
subject to the same general laws; the SC
cannot validated badges of inequality
The
most
worthy
and
effective
advertisement possible, eve for a young
lawyer is the establishment of a wellmerited reputation for professional capacity
and fidelity to trust. This cannot be forced
o
o
o
Legal Ethics
1. Branch of moral science which treats the
duties which an attorney owes to
o The court
o His client
o His brethren in the profession [Bar]
o The public [Malcolm]
Sources
1. Constitution
2. Statutes
3. Rules of Court
4. Decisions of the SC
5. Canons of Professional Ethics
6. Codes of professional responsibility
7. Code of Judicial Conduct 1989
8. New Code of Judicial Conduct 2004
9. Code for Court Personell
10. Writings of legal scholars
11. Others? [note: she said etc.]
Importance
How
should
a
lawyer
view
representation
of
the
poor,
the
marginalized,
and
the
oppressed
before our Courts of Justice?
LEGAL EDUCATION
political
medical
ethics.
legislation,
and legal
RULES OF COURT 138 Sec. 6. Pre-Law. No applicant for admission to the bar
examination shall be admitted unless he
presents a certificate that he has satisfied the
Secretary of Education that, before he began
the study of law, he had pursued and
satisfactorily completed in an authorized and
Bar
Matter
850,
Mandatory
Continuing Legal Education Program
Rule
7.
EXEMPTIONS
SECTION
1.
Parties
exempted from the MCLE. The following members of
the Bar are exempt from the
MCLE requirements:
c) The Chief Justice and
Associate
Justices
of
the
Supreme Court, incumbent and
retired
members
of
the
judiciary, incumbent members
of
Judicial
Bar
Council,
incumbent members of the
Mandatory Continuing Legal
Education
Committee,
incumbent court lawyers who
have availed of the Philippine
Judicial Academy programs of
continuing judicial education
Section 5, MCLE Implementing
Regulations
The Executive
Section
12.
Compliance
Procedures
RA 7662 AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND
FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the
"Legal Education Reform Act of 1993."
Section 2. Declaration of Policies. - It is hereby
declared the policy of the State to uplift the
support
for
faculty
development
grants,
professorial chairs, library improvements and
similar programs for the advancement of law
teaching and education in accredited law schools.
The Fund shall also be used for the operation of the
Board. For this purpose, an amount not exceeding
ten percent (10%) of the interest on the Fund shall
be utilized.
The Board, in consultation with the SSS, shall issue
the necessary rules and regulations for the
collection, administration and utilization of the
Fund.
Partnership
VOID!
with
NON-LAWYERS
CASES
o
Samala v. Valencia Respondent
had an extramarital relationship that
produced 3 illegitimate children. This was
held as immoral conduct in violation of
Rule 1.01 of the code of Professional
Responsibility [A lawyer shall not
engage in unlawful, dishonest, immoral or
deceitful conduct.]
o
Dudalia Jr. v. Cruz Respondent
married in the states and thought that it
was still the CC that worked instead of FC.
Court cited him for violation of Rule 1.01
and Canon 5 [A lawyer shall keep abreast
of legal developments, participate in
continuing legal education programs,
support efforts to achieve high standards
in law schools as well as in the practical
CONFLICT OF INTERESTS
Canon 14.03 lawyer may not refuse to
accept representation of an indigent client if:
(a) He is not in a position to carry out the
work effectively or competently
3.
COMPENSATION OF ATTOREY
ATTORNEYS FEES
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. The
lawyer does not undertake to shoulder the
expenses of the litigation whatever he
advanced will be reimbursed. The lawyer
does not receive as his fee a portion of
the proceeds of the judgment.
Min amount of court appointed fees
for counsel de oficio with indigent
clients P30 any case, P50 light
felonies, P100 less grave felonies and
P200 Grave felonies.
awarded;
When the defendant's act or omission
has compelled the plaintiff to litigate
with third persons or to incur
expenses to protect his interest;
3. In criminal
cases of
malicious
prosecution against the plaintiff;
4. In case of a clearly unfounded civil
action or proceeding against the
plaintiff;
5. Where the defendant acted in gross
and evident bad faith in refusing to
satisfy the plaintiff's plainly valid, just
and demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of
household helpers, laborers and
skilled workers;
8. In actions for indemnity under
workmen's
compensation
and
employer's liability laws;
9. In a separate civil action to recover
civil liability arising from a crime;
10. When at least double judicial costs are
awarded;
11. In any other case where the court
deems it just and equitable that
attorney's fees and expenses of
litigation should be recovered.
In all cases, the attorney's fees and
expenses of litigation must be reasonable.
2.
ATTORNEYS LIEN
Retaining Lien the right of an attorney to
retain possession of a clients funds,
documents, papers, securities or other
property which have lawfully com into his
possession and may retain the same until his
lawful fees for services and disbursements are
paid, and may apply such funds to the
satisfaction thereof. It takes effect from the
time of lawful possession; it does not require
notice upon the client and the adverse party
to be effective. It is a general lien that exists
only as long as the attorney retains
possession of the subject matter.
A disbarred lawyer who continues to practice should be cited for contempt and advised that it prejudices his chances for reconsideration by the OCA.
A disbarred lawyer can appear in court to represent himself. He can also appear in the Metropolitan Trial Court or the Municipal Trial Court in person or
with the aid of an agent or friend appointed by him or with the aid of an attorney .