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Legal Ethics

- the embodiment of all principles of morality and refinement that


should govern the conduct of every member of the bar (J. Moran)
-

That branch of moral science which treats of the duties that an


attorney owes to the court, to his clients, to his colleagues in the
profession and to the public.
(J. Malcolm)

Four-fold duty of a lawyer


- To the Court
- To the Client
- To the Public
- To the Bar
Duty of a Lawyer to the Society
Canon 1- Duty to Uphold the Constitution and the Laws
Rule 1.01 Duty of honesty and morality
Rule 1.02 Duty to obey the laws and to support the legal system
Rule 1.03 Duty against barratry and duty not to delay any mans cause
Rules 1.04 Duty to promote amicable settlement
Canon 2- Duty to be an Efficient Lawyer
Rule 2.01 Duty to the defenseless and the oppressed
Rule 2.02 Duty to give legal assistance on the rights
Rule 2.03 Duty to shun vulgar solicitation
Rule 2.04 Duty to shun cut-throat rates
Canon 3- Duty of Honest and Dignified Pronouncement of Legal
Services
Rule 3.01 Duty not to use fraudulent or misleading pronouncement of his
qualifications
Rule 3.02 Duty of Honesty in the Firm Name
Rule 3.03 Duty of a Law partner to withdraw from the firm when he accepts
public office
Rule 3.04 Duty not to pay media for publicity
Canon 4- Duty to Support the Improvement of the legal system
Canon 5- Duty to keep Abreast of Legal Developments
Canon 6- The Same duties apply to lawyers in government service
Rule 6.01 Duty of a public prosecutor to see that justice is done
Rule 6.02 Duty to separate public duties from private interest
Rule 6.03 Duty to avoid conflict of interest after leaving government
service
Duty of a Lawyer to the Legal Profession
Canon 7- Duty to uphold the dignity of the legal profession
Rule 7.01 Duty to be honest in applying for admission to the bar
Rule 7.02 Duty to support only those qualified to be admitted to the bar
Rule 7.03 Duty to be professional and dignified
Canon 8- Duty of professional courtesy
Rule 8.01 Duty to be professional in language
Rule 8.02 Duty to refrain from professional Encroachment
Canon 9- Duty to shun unauthorized practice of law

Rule 9.01 Duty to keep a lawyerss work limited to lawyers of good standing
Rules 9.02 Duty to maintain the integrity of the lawyers fees

Duty of a Lawyer to the Courts


Canon 10- Duty of Candor to the courts
Rule 10.01 Duty of fidelity to the courts
Rule 10.02 Duty to give accurate citations
Rule 10.03 Duty of fidelity to the rules of procedures
Canon 11- Duty to give respect to the courts
Rule 11.01 Duty to be properly attired
Rule 11.02 Duty to be punctual at hearings
Rule 11.03 Duty of proper language and behavior
Rule 11.04 Duty not to attribute unfounded Ill-motives to a judge
Rule 11.05 Duty to observe the proper grievance mechanism
Canon 12- Duty to assist in the speedy and efficient administration
of justice
Rule 12.01 Duty to be prepared for trial
Rule 12.02 Duty not to engage in forum shopping
Rule 12.03 Duty to file pleadings reasonably
Rule 12.04 Duty against dilatory moves and misuse of court processes
Rule 12.05 Duty not to coach a witness under examination
Rule 12.06 Duty not to present a false witness
Rule 12.07 Duty to respect witnesses
Rule 12.08 Duty not to be a witness and counsel at the same time
Canon 13- Duty not to Influence judges
Rule 13.01 Duty of non-fraternization with judges
Rule 13.02 Duty not to resort to the bar of public opinion during pendency
of a case
Rule 13.03 Duty to respect judicial independence from the other branches
of government

Canon 14- Duty to render legal service to the needy


Rule14..01 Duty not to be prejudiced in accepting clients
Rule 14.02 Duty to accept appointment as Counsel de officio or Amicus
curiae and duty to render free legal aid
Rule 14.03 Duty to render legal service to the indigent
Rule 14.04 Duty to treat paying and non-paying clients with the same
standard
Canon 15- Duty of Candor to the Client
Rule 15.01 Duty to ascertain conflict of interest as soon as practicable
Rule 15.02 Duty of Confidentiality
Rule 15.03 Duty to avoid conflict of interest

Rule 15.04 Duty to act as Mediator or Conciliator when given written


consent by all concerned
Rule 15.05 Duty of Candor in advising clients
Rule 15.06 Duty to not engage in Influence Peddling
Rule 15.07 Duty to Advice the Client on the Rule of law
Rule 15.08 Duty to make clear with his client his capacity as a lawyer
when the lawyer is also engaged in business or another profession
Canon 16- Duty to be a Trustee of clients moneys and properties
Rule 16.01 Duty of accountability
Rule 16.02 Duty not to commingle with funds and properties
Rule 16.03 Duty to deliver funds and property upon demand; retaining
lien; attorneys lien
Rule 16.04 Duty to avoid the Debtor- Creditor relationship
Canon 17- Duty of Fidelity to the cause of the client
Canon 18- Duty to serve with Due Diligence
Rule 18.01 Duty to know his professional limitations
Rule 18.02 Duty not to be negligent
Rule 18.03 Duty to keep client informed
Canon 19- Duty to serve only within the bounds of the law
Rule 19.01 Duty to serve only thru fair and honest means
Rule 19.02 Duty not to condone a clients fund
Rule 19.03 Duty to take the lead in handling a case
Canon 20- Duty to charge only fair and reasonable fees
Rule 20.01 Duty to comply with guidelines in determining lawyers fees
Rule 20.02 Duty to divide fees in proportion to work done
Rule 20.03 Duty not to accept any compensation in relation to a clients
case except from the client himself
Rule 20.04 Duty to avoid disputes with client over fees

Rule of Law the Supremacy of Law, provides that decisions should be


made by the application of known legal principles or laws without the
intervention of discretion in their application.
A lawyers oath to uphold the cause of justice is Superior to his duty
to his client; its Supremacy is Indisputable.
Lawyers Oath
I, _________ of __________, do solemnly swear
That I will maintain allegiance to the Republic of the Philippines;
I will support the Constitution and obey the laws
As well as the legal orders of the duly constituted Authorities therein;
I will do no falsehood, nor consent to the doing of any in court;
I will not wittingly nor willingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the same;
I will delay no man for money or malice,
and Will conduct myself as a lawyer
according to the best of my knowledge and discretion,
with all good fidelity as well to the court as to my clients;
And I impose upon myself this voluntary obligation
Without any mental reservations or
Purpose of evasion.
So help me God.

The lawyers oath as basis for this duty. The lawyers oath is a source of
obligation and its violation is ground for suspension, disbarment or other
disciplinary actions.
Persons entitled to practice law
-Citizen of the Phil
-at least 21 yrs of Age
-Resident of the Phil
-Educational Qualification
-of Good Moral Character
-pass the Bar Examinations
-take the Lawyers Oath
-sign in the Roll of Attorneys
-receive a certificate from the Clerk of the SC of his license to practice.
A lawyer may be DISBARRED for GROSSLY IMMORAL CONDUCT, or by
reason of his CONVICTION OF A CRIME involving MORAL TURPITUDE.
IMMORAL CONDUCT- conduct which is willful, flagrant, or shameless, and
which shows a moral indifference to the opinion of the good and respectable
members of the community.
MORAL TURPITUDE- everything which is done contrary to justice, modesty,
or good morals;
- an act of baseness, vileness, or depravity in the private and
social duties which a man owes his fellowman or to society in
general,contrary to justice, honesty, modesty or good morals.
GROSSLY IMMORAL ACT- is one that is so corrupt and false as to constitute
a criminal act or so unprincipled or disgraceful as to be reprehensible to a
high degree.
UNLAWFUL CONDUCT- includes violation of the statutory prohibition on a
government employee to engage in the practice of his profession unless
authorized by the Constitution or law, provided that such practice will not
conflict or tend to conflict with his official functions.
GROSS MISCONDUCT- is 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.
BARRATRY- the offense of frequently exciting and stirring up quarrels and
suits, either at law or otherwise.
AMBULANCE CHASING- the solicitation of almost any kind of legal business
by an attorney, personally or through an agent in order to gain employment.
COUNSEL DE OFICIO is a court appointed lawyer
COUNSEL DE PARTE- is the lawyer of the partys own choice.
AMICUS CURIAE- friend of the court. A person with strong interest in or
views on the subject matter may petition the court for permission to file a
brief, ostensibly on behalf of a party but actually to suggest a rationale
consistent in its own views.

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