Professional Documents
Culture Documents
SUGGESTED ANSWER: An attorneys lien is of two kinds: One is called retaining lien and the
othercharging lien. Theretaining lien is the right of the attorney to retain the funds,
documents, and papers of his client which have lawfully come into his possession until his lawful
fees and disbursements have been paid and to apply such funds to the satisfaction thereof.
Thecharging lien. is the right which the attorney has upon all judgments for the payment of
money, and executions issued in pursuance of said judgments, which he has secured in litigation
of his client (Section 33, Rule 127; Rustia vs. Abeto, 72 Phil., 133). Under this rule, this lien,
whether retaining or charging, takes legal effect only from and after, but not before, notice of
said lien has been entered in the record and served on the adverse party (Macondray &
Company, Inc. vs. Jose, 66 Phil., 590; Menzi and Company vs. Bastida, 63 Phil., 16).
IV.
CPR
CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse
to render legal advise to the person concerned if only to the extent necessary to
safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement
possible is the establishment of a well-merited reputation for professional capacity and
fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been engaged or concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyers position, and all other self-laudation.
Rule 2.04 A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between
parties, just because his attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation
(e.g. Submission for decision on the evidence so far presented. But in case where lawyer is
confronted with an emergency and prompt/urgent action is necessary to protect clients
interest and theres no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor
V.
: Rule 3.12 A judge should take no part in a proceeding where the judges impartiality might
reasonably be questioned. These cases include proceedings where:
(a) The judge has personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding;
(d) The judge is related by consanguinity or affinity to a party litigant within the sixth degree or
to counsel within the fourth degree;
VI.
Q. What is champerty?
A. A champertous contract may result where a lawyer assumes all expenses for litigation and
reimbursement is contingent on the outcome of the case. This is strictly prohibited under Rule
16-04 of the CPR.
Champerty is different from a contingent fee contract because in the latter the lawyer
gets reimbursed for the advances made for the client in the course of representation,
whether he wins the suit or not; only the amount of professional fees is contingent
upon winning.
The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his influence over the client
or to avoid acquiring a financial interest in the outcome of the case.
Champertous Contracts (void) Lawyer stipulates with his client that in the prosecution of the case, he will
bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to
pay the former a portion of the thing/property recovered as compensation.
Compensation to an attorney for merely recommending another lawyer is improper (agents)
Attorneys fees for legal services shared or divided to non-lawyer is prohibited. Division of fees is only for
VIII.
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.
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 11- a lawyer shall observe and maintain the respect due to the courts and to
judicial offices and should insist similar conducts by others.
b. Yes, lawyers must at all times faithfully perform their duties to society, to the bar, to the
courts and to their clients. The fact that the lawyer obtained the loan and issued the
worthless checks in his private capacity and not as an attorney of the complainant is of no
moment.
Therefore, for issuing worthless checks, the lawyer ay be held administratively
accountable.
XVIII.
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