Legal Practices On The Legal Profession

Lecture on the
Ethical
Ethical Practices in
the Legal Profession
4th MCLE Accredited Convention for

Public Attorneys
December 12-16, 2011
Manila Hotel
B CHIEF PERSIDA V
By V. RUEDA
RUEDA-ACOSTA
ACOSTA
Chief Public Attorney, Public Attorneys Office (PAO)
Senior Fellow, Asian Public Intellectuals (API) Fellowships
Fellow, Salzburg Global Seminar
Fellow, Japan Legal Aid Association (JLAA)
International Visitor (IV), International Visitors Program of the United States of America
Member, International Legal Aid Group (ILAG)
Member, International Association of Blood Pattern Analysts (IABPA)
Member, International Corrections and Prisons Association (ICPA)
Professor, Ateneo de Manila University Law School
4th Placer, 1989 Philippine Bar Examinations
Lecture on the Ethical Practices in the Legal Profession by Chief Persida V. Rueda-Acosta
Professional Legal
g Ethics
It does not onlyy serve to nurture and p protect

ones own personal sense of principles
It also protects the integrity, honor and
nobility of the legal profession.
Having the necessary scruples and a strong
foundation of the sense of right and wrong
are as important as a lawyers good grasp
NOBILITY and understanding of the law; likewise,
likewise with
his or her skill and competence to wield such
knowledge.
g
People live by their own set of moral rules.
People act or react, react either consciously or
subconsciously, to the circumstances and events in
everyday life in accordance with their own moral
code.
Lawyers - not exempted from this
are obliged to exercise their profession
with utmost fidelity and good faith,
abiding
bidi b a code
by d off ethics
thi and d conduct
d t
specifically designed for lawyers.
What is legal ethics; why is it so important to the
practice of law and the conduct of lawyers in general?
(t)he
() embodiment of all p principles
p of morality
y
and refinement that should govern the conduct
of every member of the Bar (Dennis B. Funa, Legal
and
d Judicial
J di i l Ethics,
Ethi 1 t ed.,
1st d p.1,
1 citing
iti Justice
J ti Manuel
M l V.
V Moran).
M )
that branch of moral science which treats of
the duties which an attorney owes to the court, court
to his client, to his colleagues in the profession
and to the public (Ruben E. Agpalo, Legal Ethics, 6th ed.,
p.2, citing Malcolm).
Legal Ethics - field of study which deals with the
appropriate conduct,
conduct principles and standard which
every lawyer must possess and practice.
Relevance to Lawyers and
th Practice
the P ti off Law
L
An obvious reason is that

the lawyers continued and
unhampered
p exercise of the
legal profession, given that,
any violation, wilful or otherwise,
of the duly constituted code of
ethics may ultimately lead to a
lawyers suspension or
disbarment.
disbarment
The practice of law is a profession, which is to say
th t it is
that i nott an ordinary
di occupation
ti or craft.ft
Lawyers are officers of the court, whose presence is
indispensable in the administration of justice,
justice thus
they are part and parcel of the institution that is the
judiciary.
The
Th judiciary
j di i necessarily
il requires,
i f its
for it
continued effective existence, the
maintenance of a high degree of public
trust and confidence.
Any perception of inappropriateness on
th partt off any off the
the th players
l within
ithi the
th
judiciary will inevitably reflect a bad light
on the whole institution.
Lawyers, are required to adhere to a
higher standard of conduct than other
persons not so situated.
situated
Relationship between lawyers
and their clients
Characterized by y a high
g degree
g of
confidentiality, which in turn demands
the highest form of circumspection and
professionalism on the part of the
lawyer.
To erode the nature of this fiduciary

relationship will endanger the very
f
foundation
d ti on which
hi h the
th justice
j ti system
t
stands.
Lawyer-Client Relationship
Imposes the highest level of confidentiality

Inevitably stemming from this is the
confidentiality and inviolability of all
communications between the lawyer and
his/her client.
client
Though the duty to protect the clients
interests and the privileged communication
between lawyer and client does not mean that
lawyers are given the authority to aid and abet
the wrong-doings
g g of their clients at the
expense of justice
Privileged communication is a most useful tool
to maintain the trust and confidence of the client
in the lawyer, which, in turn, preserves the
integrity of the legal profession.
P bli Attorneys
Public Att Office
Offi
Safeguards the information about its
clients with utmost confidentiality.
confidentiality
Re: Minor client, rape

p victim and deporteep
from Sabah, Malaysia
Hid her under the pseudonym Angelica.
Re: Witness Rose
Helped the PAO strengthen its evidence to
prove the
h innocence
i off inmate-clients
i li who
h
were about to be executed by lethal
injection
PAO presented her to the public with a veil
on her face and again with an alias.
alias
Roberto Lara Roderick Licayan
The Case of Roberto Lara & Roderick Licayan
Their executions were stayed and their case was

reopened.d
The Lara-Licayan case served as floodgates of
presidential reprieves and pardons
The PAOs modest contribution to the abolition of death
penalty in the Philippines on June 24,
24 2006
Th
The Supreme
S C t in
Court i the
th case off Mercado
M d vs. Vitriolo
Vit i l (A.C.
(A C
No. 5108, May 26, 2005) eloquently explains the nature and
importance of the lawyer-client relationship and the privileged
communication between them.
them The Supreme Court held that:
In engaging the services of an attorney, the client
reposes
p on him special
p powers of trust and confidence. Their
p
relationship is strictly personal and highly confidential and
fiduciary. The relation is of such delicate, exacting and
confidential nature that is required by necessity and
public
bli interest.
i t t Only
O l byb suchh confidentiality
fid ti lit and
d protection
t ti willill
a person be encouraged to repose his confidence in an
attorney. The hypothesis is that abstinence from seeking legal
advice in a good cause is an evil which is fatal to the
administration of justice. Thus, the preservation and protection
of that relation will encourage a client to entrust his legal
problems to an attorney,
attorney which is of paramount importance to
the administration of justice
One rule adopted to serve this purpose is
the attorney-client privilege: an attorney is to
keep inviolate his client's secrets or
confidence and not to abuse them. Thus,, the
duty of a lawyer to preserve his client's secrets
and confidence outlasts the termination of the
attorney-client
y relationship,
p, and continues even
after the client's death. It is the glory of the legal
profession that its fidelity to its client can be
depended
p on,, and that a man may y safelyyggo to a
lawyer and converse with him upon his rights or
supposed rights in any litigation with absolute
assurance that the lawyer'sy tongue
g is tied from
ever disclosing it. With full disclosure of the facts
of the case by the client to his attorney, adequate
legal representation will result in the
ascertainment and enforcement of rights or the
prosecution or defense of the client's cause.
(Citations omitted)
In spite
p of the fact that lawyers
y owe loyalty
y y to their
clients, it must always be remembered that what
should remain paramount for lawyers is their
duty as officers of the courts and aides in the
administration of justice.
Lawyers should never favor their clients at the
expense of justice and should never owe more
allegiance to the client than to the court
Justice is a lawyers real master and not the client.
When lawyers forget their true
cause,, the whole legal
g profession
p
inescapably suffers.
In the case of Rural Bank of Calape, Inc. vs. Florido (A.C.
No. 5736, June 18, 2010), the
th S
Supreme C t citing
Court, iti IBP
Commissioner Leland R. Villadolid, Jr.s report, had occasion to
rule that:
Lawyers are indispensable instruments of justice and

peace Upon taking their professional oath,
peace. oath they become
guardians of truth and the rule of law. Verily, when they appear
before a tribunal, they act not merely as representatives of a
party but, first and foremost, as officers of the court. Thus,
their duty to protect their clients interests is secondary to
their obligation to assist in the speedy and efficient
administration of justice. While they are obliged to present
every available legal remedy or defense, their fidelity to their
clients
li t mustt always
l b made
be d within
ithi the
th parameters
t off law
l and
d
ethics, never at the expense of truth, the law, and the fair
administration of justice.
j
A lawyers duty is not to his
client but to the administration of
justice. To that end, his clients
success is wholly subordinate. His
conduct ought to and must always
be scrupulously observant of the law
and ethics.
ethics Any means,
means not
honorable, fair and honest which is
resorted to byy the lawyer,
y , even in
the pursuit of his devotion to his
clients cause, is condemnable and
unethical.
thi l (Citations
(Cit ti omitted)
itt d)
Practice of Law
A lawyer is largely indispensable to
all industries and all fields and not
merely and technically limited
within the confines of a courtroom.
A lawyers knowledge of the law is
a unique and beneficial
complement
p in the operation
p of anyy
industry or activity.
Most of a lawyers work is done
o tside the courtroom.
outside co rtroom
Practice of law evolved to suit the
actual condition rather than harken
back to the unrealistic and romantic
notion of olden times.
Practice of law was defined by the
Supreme Court in the landmark case of
Cayetano
y vs. Monsod (G.R. No. 100113
September 3, 1991) as
any activity, in or out of court, which
requires the application of law, legal
procedure, knowledge, training and
experience To
experience. To engage in the practice of
law is to perform those acts which are
ccharacteristics
a acte st cs o of tthe
epprofession.
o ess o GeGenerally,
e a y,
to practice law is to give notice or render
any kind of service, which device or service
requires the use in any degree of legal
knowledge or skill. (Citation omitted)
Likewise, the Supreme Court in the case of Ulep
vs.Legal Clinic, Inc. (Bar Matter No. 553, June 17,
1993), held that:
Practice
Practice of law means any activity,
activity in or out of
court, which requires the application of law, legal
procedures, knowledge, training and experience. To
engage in the practice of law is to perform those acts
which are characteristic of the profession. Generally,
to practice law is to give advice or render any kind of
service that involves legal knowledge or skill.
The
The practice of law is not limited to the conduct
of cases in court. It includes legal advice and
counsel, and the preparation of legal g instruments
and contract by which legal rights are secured,
although such matter may or may not be pending in
a court.
court
In the practice of his profession, a licensed attorney at law
generally
g y engages
g g in three pprincipal
p types
yp of p
professional activity:
y
legal advice and instructions to clients to inform them of their rights
and obligations, preparation for clients of documents requiring
knowledge of legal principles not possessed by ordinary layman,
layman and
appearance for clients before public tribunals which possess power
and authority to determine rights of life, liberty, and property
according to law, in order to assist in proper interpretation and
enforcement of law.
When
When a person participates in a trial and advertises himself as
a lawyer, he is in the practice of law. One who confers with clients,
advises them as to their legal rights and then takes the business to
an attorney
tt andd asks
k the
th latter
l tt tot look
l k after
ft the
th case in
i court,
t is
i also
l
practicing law. Giving advice for compensation regarding the legal
status and rights of another and the conduct with respect thereto
constitutes a practice of law. One who renders an opinion as to the
proper interpretation of a statute, and receives pay for it, is, to that
extent practicing law.
extent, law (Citations omitted)
Consequently
Consequently, a lawyer need not even
step into a courtroom or argue before a
judge to be engaged in the practice of
law. The practice of law encompasses
every y activity
y which is done with the
utilization and application of legal
know-how such as conveyancing, the
giving of legal advice on a large variety of
subjects, and the preparation and
execution of legal instruments covering
an extensive field of business and trust
relations
l ti andd other
th affairs.
ff i (Cayetano vs.
Monsod)
SERVICE Primary Purpose of Law as a
Profession
o ess o
The rendition of a service with

this end: seeing to it that justice
is done.
A noble purpose: Unavoidably
exacts a dignified and noble
work force and to ensure such,
certain standards of conduct and
demeanor are essential.
Code of Professional Responsibility-
Responsibility
the embodiment of the required
standard of conduct and
professionalism demanded by the legal
profession, by which all lawyers are
obliged to abide.
abide
The Code of Professional

Responsibility consists of four (4)
chapters, each of which contains
various canons specifying the duties of
a lawyer in relation to a specified sector
of interest and each canon is comprised
p
of more particular rules.
C d off Professional
Code P f i l Responsibility
R ibilit
Chapter I - The Lawyer and Society,

Society
SOCIETY
Chapter II - The Lawyer and the
Legal Profession
Chapter III - The Lawyer and the
Courts
Chapter Four - The Lawyer and the
LEGAL PROFESSION AND Client
THE COURTS
Lawyers owe a certain degree of

fidelity to the society, the legal
profession the courts and the client.
profession, client
CLIENT
Code of Professional Responsibility
Not the only source of standard by which

lawyers are judged.
Oath-taking ceremony: One of the milestones
in a lawyers life aside from passing the bar
examinations
Essentially, bar-passers collectively utter the

Lawyers Oath in the presence of the Supreme
Court En Banc, to signify their unwavering intent
to become full-pledged, card-carrying members
of the legal profession.
profession
Th Lawyers
The Oath
O h
1. To
1 T maintain
i t i allegiance
ll i t the
to th
Republic of the Philippines;
2. To support the Constitution and

obey
y the laws as well as the legal
g
orders of the duly constituted
authorities therein;
3. To do no falsehood, nor consent

to the doing of any in court;
4. Not to wittingly or willingly promote or
sue any groundless, false or unlawful
suit, or give aid nor consent to the same;
and
5. To delay no man for money or malice,
andd tot conduct
d t himself/herself
hi lf/h lf as a
lawyer according to the best of his/her
knowledge and discretion,
discretion with all good
fidelity as well to the courts as to his/her
clients.
These are the most basic and

fundamental duties and responsibilities
expected of a lawyer.
The Supreme Court held:
That the lawyer's oath is not a mere collection of empty

promises or merely a string of eloquent words but rather
it is a source
source of his obligations and its violation is
a ground for his suspension, disbarment or other
disciplinary action
action (Reyes vs. Gaa, A.M. No. 1048, July 14,
1995, citing Agpalo).
In the case of Vaflor-Fabroa
Vaflor Fabroa vs. Paguinto (A.C.
No. 6273, March 15, 2010), the Supreme Court suspended
the respondent lawyer, Atty. Paguinto, for two (2)
years from the practice of law for, among others,
violation of the lawyers oath. The Supreme Court
found that:
by conniving with Gerangco in
taking over the Board of Directors and
the GEMASCO facilities, respondent
violated the p provisions of the
Cooperative Code of the Philippines
and the GEMASCO By-Laws. He also
violated
i l t d the th Lawyers
L Oath,
O th which
hi h
provides that a lawyer shall support the
Constitution and obey the laws.
laws
Vaflor-Fabroa
Vaflor Fabroa vs.
vs Paguinto (A.C.
(A C No
No. 6273
6273, March 15
15, 2010)
2010),
When respondent caused the filing

of baseless criminal complaints against
complainant, he violated the Lawyers
Oath that a lawyer shall not wittingly or
willingly promote or sue any groundless,
groundless
false or unlawful suit, nor give aid or
consent to the same.
same.
From the very minute the lawyer lawyerss
oath is uttered, obligations are
created to be discharged by the ones
who utter it.
There are professionals who violate
their oaths.
Akin to violating oneoness promises
and therefore it contributes to the
devaluation of words
Restore the dignity that was once
reposed in one
ones
s words.
Practice & value palabra de honor
Contains the more specific guidelines for

every lawyer when faced with an ethical
dilemma.
dilemma
Through the guidance of the Code of
Professional Responsibility,
Responsibility the lawyer is
then expected to balance conflicting
interests with the end in view of the
preservation of the integrity and
conservation of the p public confidence
and trust in the legal profession.
The language is easy enough to

understand.
The difficulty which results from its
interpretation arises from the myriad,
diverse and sometimes complex
situations which crop up and call for the
Code of Professional Responsibilitys
application.
One faced with ethical considerations and dilemmas:
Must weigh the varying interests and be
knowledgeable of the circumstances and the
rights and obligations involved.
It can hardly be expected for any law, rule or
regulation to anticipate every occurrence that may
come to fruition especially during this age of cutting-
edge technology, when new things and processes are
discovered and invented on a daily basis.
Jurisprudence plays an important
role in the guidance of lawyers.
Belleza vs. Macasa (A.C. No. 7815, July 23,
2009):
2009)
The Supreme Court found Atty. Macasa
to have violated:
Rule 12.03,which states that "(a)

(a) lawyer
shall not after obtaining extensions of
time to file pleadings, memoranda or
briefs let the period lapse without
briefs,
submitting the same or offering an
explanation
p for his failure to do so.
Canon 17, which provides that (a) lawyer

owes fidelity
f to the cause off his client
and he shall be mindful of the trust and
confidence reposed in him.
him.
Canon 18 which states that (a) lawyer
shall serve his client with competence
and diligence.
Canon 19 providing (a) lawyer shall

represent his client with zeal within
the bounds of the law.
The Supreme Court likewise held that :
(a) lawyer who accepts the cause
of a client commits to devote himself
(particularly his time, knowledge, skills
and effort) to such cause.
cause
He owes full devotion to the
interest of his client,
client warm zeal in the
maintenance and defense of his
clients rights
g and the exertion of his
utmost learning, skill and ability to
ensure that nothing shall be taken or
withheld from his client, save by the
rules of law legally applied.
A lawyer who accepts professional employment
from a client undertakes to serve his client with
competence and diligence. In accepting a
retainer, he impliedly y makes the following g
representations:
He possesses the requisite degree of learning,
skill
kill and
d ability
bili other
h lawyers
l similarly
i il l situated
i d
possess;
He will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him
He will exercise reasonable care and diligence
in the use of his skill and in the application of
his knowledge to his clients cause;
He will take all steps necessary to adequately
safeguard his client
clients
s interest.
interest
A lawyers
l negligence
li i
in th
the
discharge of his obligations arising
f
from th relationship
the l ti hi off counsell and d
client may cause delay in the
administration
d i i t ti off justice
j ti andd
prejudice the rights of a litigant,
particularly
ti l l his hi client.
li t Thus,
Th f
from
the perspective of the ethics of the
l
legall profession,
f i a lawyers
l lethargy
l th
in carrying out his duties to his client
i both
is b th unprofessional
f i l and
d unethical.
thi l
(Citation omitted)
Respondents
p failure to return and
account for the money he received
from his client violated the Rule
16 01 off the
16.01 th Code
C d off Professional
P f i l
Responsibility, which provides:
Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
The Supreme Court also took the occasion to remind us
of the exacting standard imposed upon lawyers when it
said that:
Lawyers should always live up to the
ethical
thi l standards
t d d off the
th legal
l l profession
f i as
embodied in the Code of Professional
Responsibility Public confidence in law and
Responsibility.
in lawyers may be eroded by the
irresponsible and improper conduct of a
member of the bar. Thus, every lawyer
should act and comport himself in a
manner thatth t would ld promote t public
bli
confidence in the integrity of the legal
profession (Citations omitted).
profession omitted)
All the acts and omissions committed by
Atty Macasa also amounts to a violation of
Atty.
Canon 1 and Canon 7 of the Code of
Professional Responsibility, to wit:
Canon 1 imposesp the dutyy on everyy

lawyer to uphold the Constitution, obey
the laws of the land and promote
respectt for
f law
l and
d legal
l l processes.
C
Canon 7 states
t t that
th t (a)
( ) lawyer
l shall
h ll att
all times uphold the integrity and dignity
of the legal profession and support the
activities of the integrated bar.
Tarog vs. Ricafort (A.C. No. 8253,
March 15, 2011), another lawyer, Atty.
Romulo Ricafort, was disbarred for
violation of :
Canon 16 of the Code of
P f
Professional
i l R
Responsibility,
ibilit
particularly Rules 16.01 (A lawyer
shall account for all money or
property collected or received for or
from the client.) and 16.02 (A lawyer
shall keep the funds of each client
separate and apart from his own and
those of others kept by him.)
him )
Canon 17 of the Code of
Professional Responsibility.
Responsibility
The Supreme Court held that, ...(h)e
reneged d on hishi duty
d t to
t render
d an
accounting to his clients showing that
he had spent the amounts amo nts for the
particular purposes intended. He was
thereby presumed to have
misappropriated the moneys for his
own use to the prejudice of his clients
and in violation of the clients trust
reposed in him.
him He could not escape
liability, for upon failing to use the
moneys for the purposes intended,
intended he
should have immediately returned the
moneys to his clients.
clients
In another case, Foodsphere, Inc. vs.
Mauricio (A.C. No. 7199, July 22, 2009), the
Supreme Court suspended Atty. Melanio
Mauricio from the practice of law for three years
for violation of Rule 13.02 of the Code of
Professional Responsibility (A lawyer shall not
make
k public
bli statements
t t t in
i the
th media
di regarding
di
a pending case tending to arouse public
opinion for or against a party.)
party )
He was likewise found to have violated his

oath as a lawyer and Canon 1 of the Code
of Professional Responsibility,
Responsibility which
which,
mandates lawyers to "obey the laws as well
as the legal
g orders of the dulyy constituted
authorities."
Furthermore, Atty. Mauricios act of using
abrasive words in its pleading against other
lawyers was found to be violative of Canon 8
and Rule 8.01 of the Code of Professional
Responsibility, which mandates, respectively
that:
CANON 8 - A lawyer shall conduct
himself with courtesy, fairness and candor
t
toward
d his
hi professional
f i l colleagues,
ll and
d
shall avoid harassing tactics against
opposing counsel.
counsel
Rule 8.01 A lawyer shall not, in his
professional
f i l dealings,
d li use language
l
which is abusive, offensive or otherwise
improper by using intemperate language.
improper, language
In Sabron vs. Larong (A.C. No. 6567, April 16, 2008, 551 SCRA 359),
the Supreme
S preme Court
Co rt reminds uss that:
that
To be sure,, the adversarial nature of

our legal system has tempted members of
the bar to use strong language in pursuit of
their duty to advance the interests of their
clients.
However, while a lawyer is entitled to

present his case with vigor and courage,
suchh enthusiasm
th i d
does nott justify
j tif the
th use off
offensive and abusive language. xxx xxx xxx
In keeping
p g with the dignityg y of the legal g
profession, a lawyers language even in his
pleadings must be dignified. (Underscoring
supplied) (Citation omitted)
supplied)
Another lawyer, Atty. James Benedict Florido,
was suspended for one (1) year from the
practice of law by the Supreme Court in the
case of Rural Bank of Calape, Inc. vs. Florido
(A.C. No. 5736, June 18, 2010) when he aided his client
in forcibly ousting complainant from the bank
premises.
Atty. Florido was found to have been guilty
off breaching
b hi C
Canon 9 which
hi h provides
id a
limitation to the duty of a lawyer in
earnestly defending his clientclients
s interest by
imparting that lawyers shall represent
his/her clients with zeal but the same
should be done within the bounds of the
law.
Atty. Florido was also found to have
violated Rule 15.07 of the Code of
Professional Responsibility, which provides
that (a) lawyer shall impress upon his
client compliance with the laws and the
principles of fairness.
A lawyers foremost duty is not to his
client but to the administration of
j ti
justice. A lawyer
l mustt employl only
l fair
f i
and honest means to attain the lawful
objectives of his client.
client It is his duty to
counsel his clients to use peaceful and
lawful methods in seeking g jjustice and
refrain from doing an intentional wrong to
their adversaries. (Ibid.) (Citations omitted)
In the case of Guevarra vs. Eala (A.C. No.
7136 August
7136, A t 1, 2007) the Supreme Court
1 2007),
disbarred Atty. Jose Emmanuel Eala based
on his breach of:
Rule 1.01
1 01 and Rule 7.03
7 03 of the Code of
Professional Responsibility, among
others, were made the basis .
The Supreme
p Court ruled that Atty.
y Eala
was guilty of gross immorality which is a
clear violation of the Code of Professional
R
Responsibility
ibilit which
hi h states
t t th t (a)
that ( )
lawyer shall not engage in unlawful,
dishonest immoral or deceitful conduct.
dishonest, conduct
Gross immorality - "(w)hether a
lawyer's sexual congress with a
woman not his wife or without the
benefit of marriage should be
characterized as 'grossly
grossly immoral
conduct' depends on the surrounding
circumstances.
The case at bar involves a
relationship between a married lawyer
and a married woman who is not his
wife It is immaterial whether the affair
wife.
was carried out discreetly.
In the case of Vitug v. Rongcal:
While it has been held in disbarment
cases that the mere fact of sexual relations
between two unmarried adults is not
sufficient to warrant administrative sanction
for such illicit behavior,, it is not so with
respect to betrayals of the marital vow of
fidelity. Even if not all forms of extra-
marital relations are punishable under
penal law, sexual relations outside
marriage is considered disgraceful and
immoral as it manifests deliberate
disregard
g of the sanctity y of marriageg
and the marital vows protected by the
Constitution and affirmed by our laws.
(Emphasis and underscoring supplied)
And
A d so is
i the
h pronouncement in
i Tucay
T v. Atty.
Att Tucay:
T
...that
that indeed respondent has
been carrying on an illicit affair with
a married woman, a g grosslyy immoral
conduct and indicative of an extremely
low regard for the fundamental ethics
of his profession.
profession This detestable
behavior renders him regrettably unfit
and undeserving of the treasured
honor and privileges which his
license confers upon
hi
him. (U d
(Underscoring
i supplied)
li d) (Citations
(Ci i
omitted)
Rule 7.03 of the Code of Professional
Responsibility also provides that (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.
Lawyers are part of a noble

profession,
f i which
hi h is
i indispensable
i di bl to
t
the effective existence of the justice
system, which, in turn, is
indispensable to the maintenance of
the order in society.
Thus, in Mecaral vs. Velasquez (A.C. No.
8392 June
8392, J 29 2010), the Supreme Court held
29,
that (t)he practice of law is not a right but
a pprivilege
g bestowed by y the state upon p
those who show that they possess, and
continue to possess, the qualifications
required
i d by
b law
l f the
for th conferment
f t off such
h
privilege. When a lawyers moral
character is assailed,
assailed such that his right to
continue practicing his cherished
profession is imperiled, it behooves him to
meet the charges squarely and present
evidence, to the satisfaction of the
investigating body and this Court,
Court that he
is morally fit to keep his name in the Roll
of Attorneys.
y
Rule 15.03
15 03 of the Code of
Professional Responsibility
declares that (a) lawyer shall not
represent conflicting interests
except by written consent of all
concerned given after a full
disclosure of the facts.
The Supreme Court in the case of Hornilla
and
d Ricafort
Ri f t vs. Salunat
S l t (A.C.
(A C No.
N 5804,
5804
July 1, 2003) reiterated the test to determine
conflict of interest,
interest when it held that:
There
There is conflict of interest when
a lawyer represents inconsistent
interests of two or more opposing
parties.
ti Th test
The t t is
i "whether
" h th or nott in i
behalf of one client, it is the lawyers
duty to fight for an issue or claim,
claim
but it is his duty to oppose it for the
other client. In brief, if he argues for
one client,
li t this
thi argumentt will ill be
b
opposed by him when he argues for
the other client.
client
In Gonzales vs. Cabucana (A.C. No. 6836, January 23, 2006), the
Supreme Court posited:
It is well-settled that a lawyer is barred
from representing conflicting interests except
by written consent of all concerned given after
a full disclosure of the facts. xxx Lawyers are
expected not only to keep inviolate the clients
confidence, but also to avoid the appearance
of treachery and double-dealing for only then
can litigants
g be encouraged
g to entrust their
secrets to their lawyers, which is of paramount
importance in the administration of justice.
One of the tests of inconsistency of
interests is whether the acceptance of a new
relation would prevent the full discharge of the
lawyers duty of undivided fidelity and loyalty
to the client or invite suspicion of
unfaithfulness or doubledouble-dealing
dealing in the
performance of that duty.
Buted and Bolisay vs. Hernando (A.C. No. 1359 October 17, 1991):
Justice Malcolm on conflict of interest:
An attorney is not permitted, in
serving
i a new client
li t as against
i t a former
f
one, to do anything which will injuriously
affect the former client in any manner in
which the attorney formerly represented
him, though the relation of attorney and
client has terminated, and the new
employment is in a different case; nor can
th attorney
the tt use against
i t his
hi
former client any knowledge
or information gained through
their former connection
(Emphasis and citation
omitted).
The legal profession thrives on the
bigger picture because the time
when the lawyers, the actors of this
profession take their own interests
profession,
to a higher level of regard than the
welfare of the whole profession,
profession
everyone, including the lawyers
themselves shall suffer. So in fine,,
the lawyers, in safeguarding the
integrity of their profession, in
effect, likewise safeguards their
own interests.
The practice of law is by y
and large a labor of love. It
is,, at its very
y core,, a p
public
service.
The practice of law requires
the highest form of honesty,
integrity and uprightness.
uprightness
The practice of law is a mere privilege, which is
regulated
g and may y be taken away y in what would
seem as an instant compared to all the pains one
goes through during law school and bar examination
days and months to be fortunate enough to become
a lawyer.
The practice of law is both an
enriching and fulfilling experience, one
that most definitely nourishes the soul
more than the pocket.

Legal Practices On The Legal Profession

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Legal Practices On The Legal Profession

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Lecture on the

4th MCLE Accredited Convention for

It does not onlyy serve to nurture and p protect

An obvious reason is that

To erode the nature of this fiduciary

Imposes the highest level of confidentiality

Re: Minor client, rape

The Case of Roberto Lara & Roderick Licayan

Their executions were stayed and their case was

Lawyers are indispensable instruments of justice and

The rendition of a service with

The Code of Professional

Chapter I - The Lawyer and Society,

Lawyers owe a certain degree of

Not the only source of standard by which

Essentially, bar-passers collectively utter the

2. To support the Constitution and

3. To do no falsehood, nor consent

These are the most basic and

That the lawyer's oath is not a mere collection of empty

When respondent caused the filing

Contains the more specific guidelines for

The language is easy enough to

Rule 12.03,which states that "(a)

Canon 17, which provides that (a) lawyer

Canon 19 providing (a) lawyer shall

Canon 1 imposesp the dutyy on everyy

He was likewise found to have violated his

To be sure,, the adversarial nature of

However, while a lawyer is entitled to

Lawyers are part of a noble

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