the integrated bar, and legal Matter 1153: RE: Letter of Atty.

LEGAL ETHICS BY ATTY. LOUIE assistance to the underprivileged. Estelito Mendoza (2010)]
JOHN LOOD | Compiled by LSG
EH410 2015 Continuing Requirements for the
Practice of Law
Legal Ethics by Atty.
Nature of the Power Good and regular standing
Louie John Lood Judicial in nature Membership in the IBP
Compiled notes from power point Judicial discretion Payment of IBP dues
slides
Payment of professional tax
SY 2015-2016
Basic characteristics of the Practice Compliance with the MCLE
INTRODUCTORY CONCEPTS of Law Possession of good moral
Significance of Legal Ethics Not a matter of right but a mere character
Guards against the abuses and ills privilege
of the profession such as Profession not a business Prohibitions and Limitations in the
dishonesty, deceit, negligence, Impressed with public interest Practice of Law
immorality and other forms Reserved only to those who are Appearance of Non-Lawyers in
of malpractice. academically trained in law Court
Raises the standard of the legal AND Possessed of good moral Practice of Law by the Public
profession. character Officials
Encourages and enhances the
respect of the la Persons entitled to practice Law Appearance of non-lawyers
Assures an effective and efficient Persons admitted as members of in court
administration of justice the bar and who are in Exceptions
Assists in the keeping and good and regular standing (Sec. 1,
Rule 138, ROC) General Rule: Only those
maintenance of law and order
who are licensed to practice
Provides basis for the weeding out law can appear and handle
of the unfit and the misfit cases in court.
Before the MTC (Sec.34,
Definition of terms Requirements for the admission to Rule 138, ROC)
Bar and Bench the Practice of Law Before any other court
Bar Admission Citizen of the Philippines (Ibid.)
Lawyer / titutlo de Abogado Resident of the Philippines In a criminal case before
counselor-at-law / attorney At least 21 years of age the MtC (Sec.7, Rule 116,
Trial Lawyer Of good moral character ROC)
Practising Lawyerr Produce before the SC satisfactory Law Student Practice Rule
Pro Se evidence of good moral (Rule 138-A, ROC)
Client character Before the NLRC (Art.
Attorney-at-law No charges involving moral 222, Labor Code)
Attorney-in-fact turpitude have been filed or Before the Cadastral
Counsel De Officio pending Court
Attorney Ad Hoc Complied with the academic Before the DARAB
Attorney of Record requirements Any official or person
Of Counsel Pass the bar examinations appointed or designated
Lead Counsel Take the lawyers oath, and in accordance with the
House Counsel Sign the Roll of Attorneys law to appear for the
government or any of its
Amicus Curiae
Supreme Court allowed Filipino officials (Sec. 33, Rule
Amicus Curiae Par Excellence 138, ROC)
graduates of foreign law schools to
Advocate take the Philippine Bar
Solicitor
Assumpsit Filipino citizen who are graduates of
Bar Association foreign law schools are allowed
Integrated Bar of the Philippines to take the bar examinations Practice of Law by the Public
provided they show the ff: Officials
PRACTICE OF LAW Completion of all courses leading
Regulation of Practice of Law to the degree of Bachelor LEGAL ETHICS BY ATTY. LOUIE
Supreme Court (Art.VIII, Sec. 5 (5), of Laws or its equivalent degree JOHN LOOD | Compiled by LSG
1987 Constitution Recognition of accreditation of the EH410 2015
Promulgate rules concerning the law school by the proper General Rule: the appointment or
protection and authority election of an attorney
enforcement of constitutional rights, Completion of all the fourth year to a government office disqualifies
pleading, practice and subjects in a law school him from engaging in
procedure in all courts, the duly recognized by the Philippine the private practice of law.
admission to the practice of law, Government [SC Bar
 Prohibition: (i) absolutely Contempt of court o An exemplar of loyalty and fidelity
prohibited; (ii) not absolutely Criminal complaint for estafa to the courts
prohibited Suspension or disbarment and to clients
Administrative complaint against o A model to emulate both in his
Absolutely Prohibited Not Absolutely the government official professional and
Prohibited, private life
Special Restrictions CODE OF PROFESSIONAL By swearing the lawyers oath, an
Judges and other RESPONSIBILITY attorney becomes a
officials or employees History and Background of the Code guardian of truth and the rule of
of the superior court of Professional Responsibility law, and an
Officials/employees of Initially drafted in 1980 by the IBP indispensable instrument in the fair
the OSG Committee on and impartial
administration of justice.
Government responsibility, Discipline and
prosecutors Disbarment
President, VP, Promulgated on 21 June 1988 by Duties of an Attorney (Section 20,
Members of the the Supreme Court Rule 138, Rules of Court)
Cabinet, their deputies (a) To maintain allegiance to the
and assistants Code of Professional Responsibility Republic of the
Embodiment into one Code of the Philippines and to support the
Chairman and
various pertinent and Constitution and obey
members of the
subsisting rules, guidelines and the laws of the Philippines
Constitution
standards on the rule of (b) To observe and maintain the
Commission
conduct of the lawyers sourced from respect due to the courts
Ombudsman and his
the Constitution, of justice and judicial officers
deputies (c) To counsel or maintain such
Governors, city and Rules of Court, Canons of
Professional Ethics, Statutes, actions or proceedings
municipal mayor only as appearing to him to be just,
Civil service officers or special laws, treatises and decisions
which must be and such defenses
employees whose only as he believes to be honestly
observed by all members of the Bar
duties required them to debatable under the
in the exercise of their
devote their entire law
profession whether in our out of the
time at the disposal of (d) To employ, for the purpose of
court, as well as in
the government maintaining the causes
their public or private lives.
Those who are by confided to him, such means only
special law are as are consistent
prohibited from The Four-Fold Duties of a Lawyer with truth and honor, and never
engaging in the practice The Lawyer and Society Canons 1 seek to mislead the
of legal profession 6 CPR judge or any judicial officer by an
Senators and The Lawyer and the Legal artifice or sales
Members of the Profession statement of fact or law
House of Canons 7 9 CPR (e) To maintain inviolate the
Representatives The Lawyer and the Courts Canons confidence, and at every
Members of the 10 13 CPR peril to himself, to preserve the
Sanggunian The Lawyer and the Client Canons secrets of his client,
Retired Justice or 14 22 CPR and to accept no compensation in
Judge connection with his
Civil service officers clients business except from him or
THE LAWYER AND SOCIETY with his
or employees
knowledge and approval.
whose duty does
not require their CANON 1 Duty to Uphold the
entire time to be at Constitution and the Laws
the disposal of the Lawyers primary duty to society
government Also includes the duty to obey Rule 1.01 Duty not to engage in
legal orders and processes unlawful, dishonest, immoral or
Proceedings where lawyers are of the court deceitful conduct
prohibited from appearing Unlawful conduct transgression
In all Katarungang Pambarangay The Lawyers Oath is a condensed of any provision of law,
proceedings. Code of ethics need not be penal law.
(R.A. 7169, Sec. 415; see also Dishonest act act of lying or
A solemn affirmation of the
Magno v. Jacoba, A.C. No. cheating
lawyers lifetime
6296, 22 November 2005) commitment to be: Grossly immoral or deceitful
Small Claims Cases (Rules of o A loyal citizen conduct a conduct which is
Procedure of Small Claims o A law-abiding person willful, flagrant, or shameless, and
Cases) o A defender of truth and justice which shows a moral
indifference to the opinion of the
o An advocate of the rule of law
Sanctions for practice or good and respectable
appearance without authority
members of the community;
involves moral turpitude
Canon 1 Duty to Uphold the
Constitution and the Laws
Rule 1.01 Duty not to engage in
unlawful, dishonest,
immoral or deceitful conduct
Rule 1.02 Duty not to counsel illegal
activities
Rule 1.03 Duty not to encourage
lawsuits; duty not to
delay any mans cause
Rule 1.04 Duty to encourage
amicable settlement
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Moral turpitude an act of
baseness, vileness or
depravity in the duties which one
person owes to another
or to the society in general which is
contrary to the usually
accepted and customary rule of
right and duty which a
person should follow
Examples of crimes involving moral
turpitude
Estafa
Bribery
Murder
Seduction
Abduction
Concubinage
Smuggling
Falsification of public document
Violation of B.P. 22
Instances of gross Immorality
Corresponding Penalty
1. Abandonment of wife
and cohabiting with
another woman.
DISBARRED
2. Bigamy perpetrated by
the lawyer.
DISBARRED
3. A lawyer who had carnal
knowledge with a
woman through a
promise of marriage
which he did not fulfill
DISBARRED
4. Seduction of a woman
who is the niece of a
married woman with
whom the respondent
lawyer had adulterous
relations.
DISBARRED
5. Lawyer arranging the
marriage of his son to a
woman with whom the
lawyer had illicit
relations. After the
marriage of the woman
to his son, the lawyer
continued his
adulterous relations
with her.
DISBARRED
6. Lawyer inveigling a
woman into believing
that they had been
married civilly to satisfy
carnal desires.
DISBARRED
7. Lawyer taking
advantage of his
position as chairman of
the college of medicine
and asked a lady
student to go with in
Manila where he had
carnal knowledge of her
under the threat that if
she refused, she would
flunk in all her subjects.
DISBARRED
Rule 1.02 Duty not to counsel
illegal activities
Duty to be performed within the
bounds of the law
Model in the community insofar as
respect for law is
concerned
Rule 1.03 Duty not to
encourage lawsuits; duty not to
delay any
mans cause
The lawyer owes it to the society
and to the court the duty
not to stir up litigation
The reason for the rule: to prevent
BARRATRY and
AMBULANCE CHASING
Definition
Barratry act of fomenting suits
among individuals and offering his
legal services to one of them for
monetary motives or purpose.
Ambulance Chasing act of chasing
(figuratively speaking) an
ambulance carrying the victim of an
accident for the purpose of
talking to the said victim or
relatives and offering his legal
service
for the filing of a case against the
person who cause the accident.
Evils Spawned by Ambulance
Chasing:
Fomenting of litigation with
resulting burdens on the
courts and public;
Subordination of perjury
Mulcting of innocent persons by
judgments upon
manufactured causes of actions.
Defrauding of injured persons
having proper causes of
action but ignorant of legal rights
and court procedure by
means of contracts which retain
exorbitant percentages
of recovery and illegal charges for
court costs and
expenses and by settlement made
for quick returns of
fees and against the just rights of
the injured persons.
Rule 1.04 Duty to encourage
amicable settlement
Whenever the controversy will
admit of fair judgment,
the client should be advised to
avoid or to end the
litigation. (to avoid litigation
expenses and to help courts
in the declogging of cases)
A lawyer cannot compromise case
without clients
consent (Sec. 23, Rule 138, rules of
Court)
Effect of compromise without
clients authority/ consent:
unenforceable, meaning be ratified
by the client if he/she
so desires.
CANON 2 Duty to be an
Efficient Lawyer
Canon 2 Duty to be an Efficient
Lawyer
Rule 2.01 Duty not to reject the
cause of the defenseless
or oppressed
Rule 2.02 Duty not to refuse to
render legal advice to the
defenseless or oppressed
Rule 2.03 Duty not to do or permit
to be done any act to
solicit legal business
Rule 2.04 Duty not to charge rates
lower than those
customarily prescribed
Rule 2.01 Duty not to reject
the cause of the defenseless or
oppressed
Oppressed the victims of cruelty,
unlawful exaction,
domination or excessive use of
authority
Defenseless those who are not in
a position to defend
themselves due to poverty,
weakness, ignorance or other
similar reasons
Rations: it is the lawyers prime
duty to see to it that justice
is accorded to all without
discrimination
Legal Aid is a matter of Public
Responsibility
It is a means for the correction of
social imbalance that may
and often do lea to injustice.
Rule 2.02 Duty not to refuse
to render legal advice to the
defenseless or oppressed
If only to the extent necessary to
safeguard the latters right
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Advice may be on what
preliminary steps to take until the
client has secured the services of
counsel. But he shall
refrain from giving legal advice if
the reason for not
accepting the case is that there
involves a conflict of interest
between him and the prospective
client or between a
present client and a prospective
client.
Rule 2.03 Duty not to do or
permit to be done any act to
solicit
legal business
Reasons for the Prohibition:
The profession is primarily for
public service
Commercializes the profession
Involves self-praise and puffing
Damages public confidence
May increase lawsuits and result in
needless litigation
Solicitation of Legal Business, When
Permissible
Must be compatible with the
dignity of the legal
profession
Use of simple signs stating the
name of the lawyer; use of
professional cards bearing the name
of the lawyer, his
office/law firm connected, address,
telephone number,
special branch of law practiced.
Advertisements in legal periodicals
Publication in reputable law lists.
Primary characteristics which
distinguishes the legal profession
from business
A duty of public service, of which
the emolument is a by-
product, an in which one may attain
the highest eminence
without making much money.
A relation as an officer of ourt to
the administration of
justice involving sincererity,
integrity, and reliability.
A relation to clients in the highest
degree of fiduciary.
A relation to colleagues
characterized by candor, fairness
and unwillingness to resort to
current business methods
of advertising and encroachment on
their practice or
dealing directly with their clients.
Best Advertisement for a Lawyer
A well-deserved reputation for
competence, honesty and
fidelity to private trust and public
duty.
By his honesty, he gains public
confidence and this public
confidence is his greatest
advertisement.
Rule 2.04 Duty not to charge
rates lower than those
customarily
prescribed
Rationale: to avoid any demeaning
and degrading
competition
Exceptions: (i) relatives; (ii)
Indigents / poor
Note: Rule 20.01 the customary
charges for similar
services and the schedule of fees of
the IBP chapter to
which he belongs
CANON 3 Duty of Honest and
Dignified Pronouncement of
Legal
Service
Canon 3 Duty of Honest and
Dignified Pronouncement of Legal
Service
Canon 3.01 Duty not to use or
permit use of self-praises
or false claims on qualifications or
quality of legal services
Rule 3.02 Duty not to use false,
misleading or assumed
name for a firm name
Rule 3.03 Duty to withdraw from
the firm when lawyer
accepts public office
Rule 3.04 Duty not to seek
publicity
Canon 3.01 Duty not to use or
permit use of self-praises or
false
claims on qualifications or
quality of legal services
Use true, honest, fair, dignified
and objective information.
The unethical act may be done by
the lawyer personally
or through another with his
permission
Reasons for the Prohibition
The profession is primarily for
public service
Commercializes the profession
Involves self-praise and puffing
Damages public confidence
May increase lawsuits and result in
needless litigation
In Re: Tagorda, 53 Phil. 42
LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
(NOTE. As notary public, he can
execute for you to deed of sale
for the purchase of land as required
by the cadastral office, can
renew lost documents of your
animals, can make your
application and final requisites for
your homestead, and can
execute any kind affidavit. As a
lawyer, he can help you collect
your loans although long overdue,
as well as any complaint for
or against you. Come or write to
him in his town, Echague, Isabel.
He offers free consultation, and is
willing to help and serve the
poor.)
Linsangan v. Atty. Tolentino, A.C.
No. 6672
NICOMEDES TOLENTINO
LAW OFFICE
CONSULTANY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Rule 3.02 Duty not to use
false, misleading or assumed
name for
a firm name.
No name not belonging to any of
the partners or
associates may be used in the firm
name for any purpose
A lawyer is not authorized to use
in his practice of law a
name other than the one inscribed CANON 4 Duty to support the
in the Roll of improvement of the legal
Attorneys. system
Lawyers as officers of the court
Use of a deceased partners must assist in the
name administration of justice
Use of a foreign law firms CANON 5 Duty to keep abreast
name of legal developments
Allowed Lawyers must update themselves
Reason: all of the with the law and must
partners, by their participate in the dissemination
joint efforts, thereof
contributed to the Judges must also keep abreast of
goodwill attached to the laws, rulings and
the firm name. doctrines of the Supreme Court
Use of a cross after Three-fold obligation of a lawyer
the name of the concerning the requirement
deceased partner of continuing legal education
Unethical First he owes it to
Reason: Foreign himself to
continue
firm is not
improving his
authorized to
knowledge of the
practice law in the
law
country.
Second he owes it
to his profession
Rule 3.03 Duty to withdraw
to take an active
from the firm when lawyer
interest in the
accepts
maintenance of
public office
high standards of
Rationale: to prevent the law firm
legal education
or partners from Third he owes it to
making use of the name of the the lay public to
public official to attract make the law a
legal businesses and to avoid part of their social
suspicion of undue consciousness
influence.
Mandatory Continuing Legal
Rule 3.04 Duty not to seek Education (MCLE)
publicity Section 2, Rule 7: Other parties
exempted from the MCLE
LEGAL ETHICS BY ATTY. LOUIE Those who are not in law practice,
JOHN LOOD | Compiled by LSG private or public
EH410 2015 Those who have retired from law
Rationale: To prevent some practice with the
lawyers from gaining an approval of the IBP Board of
unfair advantage over others thru Governors
the use of gimmickry,
press agentry, or other artificial
Section 3, Rule 7: Good cause
means.
for exemption or modification of
If competitive advertising is
requirements
allowed, this may lead to
A member may file a verified
selflaudations,
request setting forth good
encourage
cause for exemption from
lawyers
compliance with or
to
modification of any of
engage
requirements, including an
in
extension of time for compliance, in
overreaching,
accordance with the
procedure to be established by the
overcharging,
MCLE Committee.
underrepresentation and
Section 5, Rule 7: Proof of
misrepresentation.
Exemption
Applications for exemptions from
or modification of the
MCLE requirements shall be under
oath and supported by
documents.
Section 1, Rule 12: What
constitutes non-compliance
Failure to complete the
educational requirement within
the compliance period.
Failure to provide attestation of
compliance or
exemption.
Failure to provide satisfactory
evidence of compliance
(including evidence of exempt
status) within the
prescribed period.
Failure to satisfy the educational
requirement and furnish
evidence of such compliance within
60 days from receipt
of a non-compliance notice.
Failure to pay non-compliance fee
within the prescribed
period
Any other act or omission
analogous to any of the
foregoing or intended to circumvent
or evade compliance
with the MCLE requirements
Section 1, Rule 7: Parties
exempted from the MCLE
1. President, VP, the Secretaries and
Undersecretaries of
executive departments
2. Senators and Members of the
House of Representatives
3. The Chief Justice and Associate
Justices of the Supreme
Court, incumbent and retired
members of the judiciary,
incumbent members of the JBC,
incumbent members of
the MCLE Committee, incumbent
court lawyers who have
availed of the PhilJA program of
continuing legal
education.
4. The Chief State Counsel, Chief
State Prosecutor and
Assistant Secretaries of the DOJ
5. The Solicitor General and the
the
Assistant Solicitor General
6. The Government Corporate
Counsel, Deputy and
Assistant Government Corporate
Counsel
7. The Chairmen and Members of
the Constitutional
Commission
8. The Ombudsman, the Overall
Deputy Ombudsman, the
Deputy Ombudsmen and the
Special Prosecutor of the
Office of the Ombudsman
9. Heads of the government
agencies exercising quasijudicial
functions
10. Incumbent deans, bar reviewers
and professors of law
who have teaching experience for
at least 10 years in
accredited law school
11. The chancellor, Vice-Chancellor
and members of the
Corps of professors and Professional
Lectures of the
PhilJA
12. Governors and Mayors
What is the requirement of
completion of MCLE?
Members of the IBP shall
complete, every 3 years, at least
36 hours of continuing legal
education activities (Section 2,
Rule 2).
Who are required to comply with
the MCLE requirement?
MCLE is required of members of
the Integrated Bar of the
Philippine (IBP), unless exempted
What is the purpose of MCLE?
To ensure that throughout their
career, (1)lawyers keep
abreast with law and jurisprudence,
(2) maintain the ethics
of the profession, and (3) enhance
the standards of the
practice of law (Section 1, Rule 1)
What are MCLE Compliance Periods?
1st Compliance Period: April 15,
2001 April 14, 2004
2nd Compliance Period: April 15,
2004 April 14, 2007
3rd Compliance Period: April 15,
2007 April 14, 2010
4th Compliance Period: April 15,
2010 April 14, 2013
5th Compliance Period: April 15,
2013 April 14, 2016
OCA Circular No. 79-2014 (May
16, 2014)
Failure to disclose: Penalty and
Disciplinary Action
Fine: 2k (1st), 3k (2nd), 4k (3rd);
and
Listed as delinquent member; and
Discharged from the case and the
client allowed to secure
the services of a new counsel with
the concomitant right to
demand the return of the fees
already paid to the noncompliant
lawyer
What is the rule on new bar
passers?
MCLE Governing Board Order
No. 1, s. 2008, provides:
. . . .lawyers who pass the Bar
when only 4 months or less
remain of the compliance period,
are exempted from
complying with the MCLE
requirement for the said
compliance period. They shall
comply with the MCLE
requirements for the next
compliance period. However,
lawyers who are admitted to the Bar
either one year after
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
the start of the current compliance
period or two years
after the start of the said
compliance period are required
to comply with the MCLE in
accordance with the MCLE
Governing Board resolution dated
October 20, 2004. 2. those who, though prohibited
Rule 13: Consequence of Non-
Compliance
Section 1. Non-Compliance Fee
Section 2. Listing as Delinquent
Member
Section 3. Accrual of Membership
Fee
B.M. No. 1922 ( 3 June 2008)
Re: Number and Date of MCLE
Certificate of Completion/Exemption
required in all Pleadings/Motions
As of January 1, 2009, all lawyers
are required to indicate
in all pleadings filed before the
courts or quasi-judicial
bodies the NUMBER and the DATE of
ISSUE of their MCLE
Certificate of Compliance or
Certificate of Exemption for
the immediately preceding
compliance period.
CANON 6 The Canons apply to
lawyers in government service
CANON 6 The Canons apply to
lawyers in government service
Rule 6.01 Duty to see to it that
justice is done
Rule 6.02 Duty not to use his
public position to promote
or advance private interest
Rule 6.03 Restrictions against
government lawyers who
left the service
Rule 6.01 Duty to see to it
that justice is done
Public Prosecutor
a quasi-judicial officer and as such,
he should seek equal
and impartial justice. He should be
concerned with seeing
that no innocent man suffers as in
seeing that no guilty
man escapes.
is under no compulsion to file a
particular criminal
information where he is not
convinced that he has
evidence to prop up the averments
thereof, or that the
evidence at hand points to a
different conclusion.
(People v. Pineda, 20 SCRA 748
[1967])
Rule 6.02 Duty not to use his
public position to promote or
advance private interest
Applies to:
1. lawyers in government service
allowed by law to engage
in private practice concurrently; and
from engaging in the
practice of law, have friends, former
associates and
relatives who are in the practice of
law
Promotion of private interest
includes soliciting gifts or anything
of
monetary value in any transactions
requiring the approval of his
office or which may be affected by
the functions of his office.
Rule 6.03 Restrictions against
government lawyers who left
the
service
Rationale: To avoid conflict of
interest, to preclude the
lawyer from using secrets or
information learned in his
official capacity or to prevent the
appearance of
impropriety.
Violation of restriction. Tantamount
to representing
conflicting interest.
Code of Conduct and Ethical
Standards (RA 6713)
All public officials and employees,
whether lawyers or non-lawyers
are governed by this code
Provides the standards of personal
conduct in the discharge and
execution of official duties
Public Office is a Public Trust
Lawyers in government are public
servants who owe the
utmost fidelity to the public service.
Thus, they have to be
more sensitive in the performance
of their professional
obligations.
A lawyer in public service is a
keeper of public faith and is
burdened with a high degree of
social responsibility,
perhaps higher than his brethren in
private practice
(Vitriolo v. Dasig, 400 SCRA 172
[2003])
Canon 6 makes the Code applicable
to lawyers in government
service
Rationale: A lawyer does not shed
his professional
obligations upon his assuming
public office
Misconduct in the Discharge of
Official Duties as
Government Official
RULE: may not be disciplined as a
member of the bar for
the misconduct in the discharge of
his official duties.
EXCEPTION: If the misconduct of a
government official is of
such character as to affect his
qualification as a lawyer or
show moral delinquency.
RA 6713, Section 7 (b) (Code of
Conduct and Ethical Standards)
(b) Outside employment and other
activities related thereto.
Public officials and employees
during their incumbency shall not:
1. Own, control, manage or accept
employment as office
employee, consultant, counsel,
broker, agent, trustee
or nominee in any private
enterprise regulated,
supervised or licensed by their
office unless expressly
allowed by law.
2. Engage in the private practice of
their profession unless
authorized by the constitution or
law, provided that
such practice will not conflict or
tend to conflict with
their official functions; or
3. Recommend any person to any
position in a private
enterprise which has a regular or
pending official
transaction with their office.
These prohibitions shall continue to
apply for a period of 1 year
after resignation, retirement or
separation from public office,
except in case of subparagraph (2)
above, but the professional
concerned cannot practice his
profession in connection with any
matter before the office he used to
be with, in which case the one
year prohibition shall likewise apply.
RA 910 Section 1 (Condition of
Pension) An Act to Provide for
the
Retirement of Justices as
amended by RA 9946
No retiring justice or judge during
the time that he is receiving said
pension shall appear as counsel in
any court in any civil case wherein
the government or any of its
subdivision or instrumentality is an
adverse party, or in a criminal case
wherein an officer or employee
of the government is accused of an
offense related to his official
functions, or collect any fee for his
appearance in any administrative
proceedings to maintain an interest
adverse to the government.
RA 3019, Section 3 (d) Anti-
Graft and Corruption Practices
Act
Accepting or having any member of
his family accepts employment
in a private enterprise which has
pending official business with him
during the pendency thereof or
within one year after its
termination.
THE LAWYER AND THE LEGAL
PROFESSION
CANON 7 Duty to uphold the
dignity of the legal profession
Canon 7 Duty to uphold the
dignity of the legal profession
Rule 7.01 Duty not to make false
statements or suppress
a material fact in connection with
application for
admission to the bar
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Rule 7.02 Duty not to support
unqualified bar applicant
Rule 7.03 Duty not to engage in
conduct adversely
affecting the legal profession
Rule 7.01 - Duty not to make
false statements or suppress a
material fact in connection with
application for admission to the
bar
A lawyer is expected to be honest
from the moment he
applies for admission to the bar.
However, the falsity
referred in this Canon must be
knowingly done
Consequences of knowingly
making a false
statement/suppression of material
fact in the application
for admission to the Bar
o If discovered before the Bar
exams, denied
permission to take the exams
o If discovered after the candidate
passed the Bar
exams but before having taken the
lawyers
oath, not allowed to take the
lawyers oath
o If discovered after the candidate
had taken his
oath, his name will be taken off the
Roll of
Attorneys
Effects if what is concealed is a
crime not involving moral
turpitude
1. Concealment will be taken
against him. The
mere act of concealment and not
the
commission of the crime makes him
morally
unfit to become a lawyer
2. When he made the concealment,
he
perpetrated perjury.
3. As to what crime involves moral
turpitude, is for
the Supreme Court to determine
Rule 7.02 Duty not to support
unqualified bar applicant
A lawyer should aid in guarding
the Bar against admission
of unfit/unqualified applicants
The act of supporting the
application to the Bar of any
person known to him to be
unqualified constitutes gross
misconduct in office (Rule 138, Sec.
27, RRC)
Rule 7.03 Duty not to engage
in conduct adversely affecting
the
legal profession
 There is no distinction as to
whether the transgression is
committed in the lawyers
professional capacity or in his
private life or in his private
transaction because a lawyer
may not divide his personality so as
to be an attorney at
one time and a mere citizen at
another.
The conduct of nobility and
uprightness should stay with
him whether in his public/private life
CANON 8 Duty of Professional
Courtesy
Canon 8 Duty of Professional
Courtesy
Rule 8.01 Duty not to use abusive
and improper language
Rule 8.02 Duty not to encroach
upon the professional
employment of another lawyer
Rule 8.01 Duty not to use
abusive and improper language
To maintain the dignity of the legal
profession, lawyers
must conduct themselves
honorably, fairly and candidly
toward each other. Respect
generates respect.
Lawyers should treat each other
with courtesy, fairness,
candor and civility.
a. Any kind of language which
attacks without
foundation the integrity of the
opposing
counsel or the dignity of the court
may be
stricken off the records or may
subject a lawyer
to disciplinary action
b. The lawyers arguments, whether
written or
oral, should be gracious to both the
court and
the opposing counsel and be of
such words as
may be properly addressed by one
gentleman
to another
c. Lack or want of intention is no
excuse for the
disrespectful language employed.
Counsel
cannot escape responsibility by
claiming that
his words did not mean what any
reader must
have understood them as meaning.
At best, it
extenuates liability.
Rule 8.02 Duty not to
encroach upon the professional
employment of another lawyer
A lawyer should not steal another
lawyers client nor
induce the latter to retain him by
promise of better
service, good results or reduced
fees nor should he
disparage another or make
unnecessary comparisons. In
short, no to yellow submarine.
No encroachment when
previus lawyer was
already dismissed
Lawyer shall not
negotiate with the
opposite party who is
represented by counsel
Lawyer may interview any
witness or prospective
witness for the opposing
side
It is but proper to give
advice and assistance to
victims of unfaithful and
neglectful counsel
CANON 9 Duty to Shun
Unauthorized Practice of Law
Canon 9 Duty to shun
unauthorized practice of law
Rule 9.01 Duty not to delegate
legal work to unqualified
persons
Rule 9.02 Duty not to divide legal
fees with non-lawyers
What is the rationale for the
prohibition against the practice of
law
by a layman?
It is grounded in the need of the
public for integrity and
competence of those who
undertake to render legal
services. Because of the fiduciary
and personal character
of the lawyer-client relationship and
the inherently
complex nature of our legal system,
the public can better
be assured of the requisite
responsibility and competence
if the practice of law is confined to
those who are subject
to the requirements and regulations
imposed upon the
members of the legal profession.
Rule 9.01 Duty not to delegate
legal work to unqualified
persons
Public policy requires that practice
of law be limited only
to those individuals found duly
qualified in education and
character.
Rationale: To protect the public,
the court, the client and
the bar from the incompetence or
dishonesty of those
unlicensed to practice law and not
subject to the
disciplinary control of the court
Assuming to be an
attorney or an officer of
a court and acting as
such without authority
Indirect Contempt- fine,
imprisonment or both
(Sections 3 & 7, Rule 71,
Rules of Court)
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Corruptly or willfully
appearing as an
attorney for a party to a
case without authority
to do so
Suspension or disbarment
(Section 27, Rule 138,
Rules of Court)
Unqualified person- not limited to
non-lawyers but also lawyers
who are suspended or disbarred or
whose authority to practice has
been withdrawn due to a change in
the citizenship or allegiance to
the country
Rule 9.02 Duty not to divide
legal fees with non-lawyers
General Rule- Non-lawyers are not
entitled to attorneys fees
Rationale: If attorneys fees were
allowed to non-lawyers,
it would leave the public in hopeless
confusion as to
whom to consult in case of
necessity and also to leave the
bar in a chaotic condition, aside
from the fact that nonlawyers
are
not
amendable
to
disciplinary
measures.
Exceptions:
Where there is a pre-existing
agreement with a
partner or associate that upon the
latters
death, money shall be paid over a
reasonable
period of time to his estate or to
persons
specified in the agreement
Where a lawyer undertakes to
complete
unfinished legal business of a
deceased lawyer
Where a lawyer or law firm
includes non-lawyer
employees in a retirement plan,
even if the plan
is based in the whole or in part, on
a profit
sharing arrangement
a. Compensation for services
rendered by the deceased
lawyer
b. The person who undertakes
is a lawyer
c. Not a division of fees but a
pension representing
additional deferred wages
to the employees past
services
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
LAWYER AND THE COURTS
CANON 10 Duty of Candor,
Fairness and Good Faith to the
Courts
CANON 10 Duty of Candor,
Fairness and Good Faith to the
Courts
Rule 10.01 Duty not to do any
falsehood; duty not to
mislead
Rule 10.02 Duty not to knowingly
misquote or
misrepresent
Rule 10.03 Duty to observe the
rules of procedure; duty
not to misuse the rules
A lawyers conduct before the court
should be characterized by
candor and fairness. His duty is to
uphold the dignity and authority
of the courts to which he owes
fidelity, not to promote distrust in
the administration of justice
Rationale: The burden cast on the
judiciary would be intolerable if
it could not take at face value what
is asserted by counsel
Rule 10.01 Duty not to do any
falsehood; duty not to mislead
rulings of the court may lose their
The Lawyers Oath mandates the proper and correct meaning, to
lawyer: the detriment of other courts,
o To do no falsehood lawyers and the public who may
o Nor consent to the doing of the thereby be misled.
same in court
o To conduct himself as a lawyer
according to the
best of his knowledge and
A lawyer is prohibited from:
discretion with all
Knowingly misquoting or
good fidelity to the court
misrepresenting contents of a
Some cases of falsehoods which paper and language or argument of
merited discipline: the opposing counsel
Lawyers falsely stating in a deed Knowingly citing as law, a
of sale that property provision already rendered
is free from all liens and inoperative by repeal or
encumbrances when it is not amendment
so Asserting as a fact that which has
(Sevilla v. Zoleta, A.C. No. 31, not been proved
March 28, 1955)
Lawyers making it appear that a Quote VERBATIM: In citing the SC
person, long dead, decisions and rulings, it is the
executed a deed of sale in his favor duty of the courts, judges and
(Monterey v. Arayata, Per. Rec. Nos. lawyers to reproduce or copy word
3527,3408, per word as well as punctuations
August 23, 1935)
Rule 10.03 Duty to observe
Lawyer encashing a check payable
the rules of procedure; duty not
to a deceased
to
cousin by signing the latters name
misuse the rules
on the check (In
re Samaniego, A.C. No. 74,
Rationale: Procedures are
November 20,1959)
instruments in the speedy and
Lawyer falsifying a power of efficient
attorney and used it in administration of justice. They
collecting the money due to the should be used to achieve such end
principal and and not derail it.
appropriating the money for his own
benefit * A lawyer should always bear in
(In re: Rusina, A.C. No. 270, May 29, mind that the Rules of Procedure,
1959) like the Rules of Court, are intended
Lawyer denying having received to facilitate the delivery of
the notice to file justice to those whom it is due
brief which denial is belied by the without unnecessary expense and
return card waste of time for truly, justice
(Ragacejo v. IAC, 153 SCRA 462) delayed is justice denied. Rules of
Lawyer falsifying Sheriffs Return Procedure must be used to attain
and seeking the such objective. Any lawyer who
default of the defendant uses them to defeat or frustrate the
(Libit v. Oliva, 237 SCRA 375) ends of justice deserves
Using in pleadings the IBP number condemnation.
of another lawyer
(Bongolato v. Castillo, CBD No. 176, CANON 11 Duty to give
Jan. 1, 1995) respect to the Courts
Manufacturing, flaunting and using CANON 11 Duty to give respect to
a spurious CA the Courts
resolution before the RTC Rule 11.01 Duty to appear in court
(Florido v. Florido, A.C. No. 5624, properly attired
January 20, 2004) Rule 11.02 Duty to be punctual at
court hearings
Rule 10.02 Duty not to Rule 11.03 Duty to abstain from
knowingly misquote or scandalous, offensive,
misrepresent or menacing language or behavior
before the courts
Rationale: If not faithfully and Rule 11.04 Duty not to attribute to
exactly quoted, the decisions and a judge motives not
supported by the record or having
no materiality to the
case
Rule 11.05- Duty to submit
grievances against a judge to
the proper authorities
Rationale: Disrespect towards the
court would necessarily
undermine the confidence of the
people in the honesty and
integrity of the members of the
court, and consequently to lower or
degrade the administration of
justice by the court.
It is one of the bounden duties of
an attorney to observe
and maintain the respect due to the
courts of justice and
judicial officers (Rule 138, Section
20 [b], RRC). The
respect is not only toward the
Justices and Judges but also
to the other officers of the Courts
like Clerks of Court,
Sheriffs and other judicial officers
who take part in the
judicial work.
Lawyers must be respectful not
only in their actions but
also in their use of language
whether in oral arguments or
pleadings.
Criticisms of Courts must not spill
over the walls of
decency and property:
Freedom of speech is not absolute,
and must
occasionally be balanced with the
requirements
of equally important public
interests, such as
the maintenance of the integrity of
the courts
and orderly functioning of the
administration of
justice.
Thus, the making of the
contemptuous
statements directed against the
Court is not an
exercise of freedom of speech,
rather, it is an
abuse of such right. Unwarranted
attacks on the
dignity of the courts cannot be
disguised as free
speech, for the exercise of said right
cannot be
used to impair the independence
and efficiency
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
of courts or public respect and
confidence
therein.
Rule 11.01 Duty to appear in
court properly attired
As an officer of the court and in
order to maintain the
dignity and respectability of the
legal profession, a lawyer
who appears in court must be
properly attired.
Consequently, the court can hold a
lawyer in contempt of
court if he does not appear in
proper attire. Any deviation
from the commonly accepted norm
of dressing in court is
enough to warrant a citing for
contempt.
Respect begins with the lawyers
outward physical
appearance in court.
The traditional attires for male
lawyers in the Philippines
are the long-sleeve Barong Tagalog
or coat and tie.
Female lawyers appear in semi-
formal attires. Judges also
appear in the same attire in
addition to black robes.
Courts have ordered a male
attorney to wear a necktie
and have prohibited a female
attorney from wearing a
hat. However, the prohibition of a
dress whose hemline
was five inches above the knee was
held to be acceptable
as such had become an accepted
mode of dress even in
places of worship.
Sloppy or informal attire adversely
reflects on the lawyer
and demeans the dignity and
solemnity of court
proceedings.
Rule 11.02 Duty to be
punctual at court hearings
A lawyer owes the court and his
client the duty to
punctually appear at court
proceedings
He shall delay no man for money
or malice (Lawyers oath)
Inexcusable absence from, or
repeated tardiness in
attending a pre-trial or hearing may
subject the lawyer to
disciplinary action as his actions
showing disrespect to the
court makes him guilty of
contemptuous behavior.
Rule 11.03 Duty to abstain
from scandalous, offensive, or
menacing language or behavior
before the courts
The lawyers duty to render
respectful subordination to
the courts is essential to the orderly
administration of
justice. Hence, in the assertion of
the clients rights,
lawyers even those gifted with
superior intellect, are
enjoined to rein up their tempers
(Zaldivar v Gonzales,
166 SCRA 316, 1988).
There is no defense against the
use in pleading by a lawyer
of disrespectful, threatening,
abusive and abrasive
language. It cannot be justified by
the constitutional
rights of free speech for such right
is not absolute and its
exercise must be within the context
of a functioning and
orderly system of dispensing
justice.
Pleading containing derogatory,
offensive or malicious
statements submitted to the courts
or judge in which the
proceedings are pending constitutes
direct contempt.
The lawyers disavowal of any
offensive intent-
in using defamatory words is of no
avail.
Lack or want of intention is no
excuse for the
disrespectful language employed.
At best, it
extenuates liability (Rheem of the
Philippines v
Ferrer, 20 SCRA 441; please see
also Rule 8.01)
Rule 11.04 Duty not to
attribute to a judge motives not
supported by the record or
having no materiality to the
case
The rule allows such criticism so
long as it is supported by
the record or it is material to the
case. A lawyers right to
criticize the acts of courts and
judges in a proper and
respectful way and through
legitimate channels is well
recognized. The cardinal
condition of all such criticism is
that it shall be bona fide, and shall
not spill over the walls
of decency and propriety.
When public comments and
criticisms of a court decision are
permissible and when would it be
improper?
A lawyer, like every citizen, enjoys
the right to comment
on and criticize the decision of a
court. As an officer of the
court, a lawyer is expected not only
to exercise that right
but also to consider it his duty to
expose the shortcomings
and indiscretions of courts and
judges. But such right is
subject to the limitations that it
shall be bona fide. It is
proper to criticize the courts and
judges, but it is improper
to subject them to abuse and
slander, degrade them or
destroy public confidence in them.
Moreover, a lawyer
shall not be attribute to a judge,
motives not supported
by the record or have no materiality
in the case.
What a lawyer can ordinarily say
against a concluded litigation and
the manner the judge handed down
the decision therein may not
generally be said to a pending
action. The court, in a pending
litigation, must be shielded from the
embarrassment and influence
in performing the important duty of
deciding it.
On the other hand, once litigation is
concluded, the judge who
decided on it is subject to the same
criticism as any other public
official because then his ruling
becomes public property and is
thrown to public consumption.
Rule 11.05- Duty to submit
grievances against a judge to
the
proper authorities
A lawyer has the duty to defend a
judge from unfounded criticism
or groundless personal attack
The duty to respect does not
preclude a lawyer from filing
administrative complaints against
erring judges, or from acting as
counsel for clients who have
legitimate grievances against them.
Nature of the Case Where to File
If administrative in nature It shall be
filed with the Office
of the Court of Administrator
of the Supreme Court
If criminal and not purely
administrative
It shall be filed with the Office
of the Ombudsman
If it involves a Justice of the
Supreme Court based on the
impeachable offenses
It must be coursed through the
House of Representative and
the Senate in accordance with
the rules of impeachment
Constitution, Article VIII, Section 6.
The Supreme Court shall have
administrative supervision over all
courts and the personnel
thereof.
An administrative complaint is not
an appropriate remedy
where judicial recourse is still
available, such as a motion
for reconsideration, an appeal, or a
petition for certiorari,
unless the assailed order or decision
is tainted with fraud,
malice or dishonesty. (Santiago III v
Justice Enriquez, Jr.
AM No CA-09-47-J, February 13,
2009)
What is the coverage of Rule 139-B
of the Rules of Court? Are the
judges and justices covered by this
Rule?
Members of the judiciary are
excluded from the coverage
of Section 1, paragraph 2 of Rule
139
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
All complaints against justices and
judges are required to
be forwarded directly to the
Supreme Court
CANON 12 Duty to Assist in
the Speedy and Efficient
Administration of Justice
CANON 12 Duty to Assist in the
Speedy and Efficient
Administration of Justice
Rule 12.01 Duty to adequately
prepare for trial
Rule 12.02 Duty not to engage in
forum shopping
Rule 12.03 Duty to file pleadings
on time
Rule 12.04 Duty not to unduly
delay a case
Rule 12.05 Duty not to talk to
witness, during break or
recess, while the latter is still under
examination
Rule 12.06 Duty not to knowingly
assist a witness to
misrepresent or impersonate
Rule 12.08 Duty to avoid testifying
in behalf of his client
CONST Art III, Sec 6. All persons
shall have the right to a speedy
disposition of their cases before all
judicial, quasi-judicial or
administrative bodies
Rule 138, Sec 20 (g). Duties of
attorneys It is the duty of an
attorney: (g) Not to encourage
either the commencement or the
continuance of an action or
proceeding, or delay any mans
cause,
from any corrupt motive or interest
Rule 12.01 Duty to adequately
prepare for trial
A lawyer shall not handle any legal
matter without adequate
preparation (Rule 18.02)
A lawyer should never come to
court unprepared. Most cases
brought to court without
preparation are cases lost. Half of
the
work of a lawyer is done in the
office. It is spent in study and
research. Inadequate preparation
obstructs the administration of
justice
Rule 12.02 Duty not to engage
in forum shopping
Forum shopping: the institution of
two or more actions or
proceedings grounded on the same
cause, on the gamble that one
or the other court would make a
favorable disposition
The essential elements of forum
shopping:
a. Two or more cases are pending
b. The pending cases involve: same
parties, same
causes of action, same relief prayed
for
Penalties for violation of the rule
against forum shopping under
Section 5, Rule 7 of the Rules of
Court
1. Failure to comply with the
requirement shall not be
curable by mere amendment of the
complaint or
other initiatory pleading but shall be
cause for
dismissal of the case without
prejudice, unless
otherwise provide, upon motion and
after hearing.
2. The submission of a false
certification of noncompliance
with any of the undertakings therein
shall constitute indirect contempt
of court, without
prejudice to the corresponding
administrative and
criminal actions, and
3. If the acts of the party or his
counsel clearly
constitute willful and deliberate
forum shopping, the
same shall be ground for summary
dismissal with
prejudice, and shall constitute
direct contempt, as
well as a cause for
administrative sanctions.
Specific instances of forum
shopping that merited sanction
1. When, as a result of an adverse
opinion in one
forum, a party seeks a favorable
opinion (other than
by appeal or certiorari) in another
2. Filing an action in court while the
same cause of
action is still pending in an
administrative proceeding
3. Filing a second suit in a court
without jurisdiction
4. When counsel omits to disclose
the pendency of an
appeal, in filing a certiorari case
Who signs the Certification against
forum shopping?
General rule: It must be signed by
the client and not by the counsel.
Otherwise, it is equivalent to non-
compliance with the Rules of
Court is defective.
Exception: When the counsel,
clothed with the special power of
authority to do so, attests in the
certification that her has personal
knowledge of the facts stated and
gives justifiable reasons why the
party himself cannot sign the same
Rule 12.03 Duty to file
pleadings on time
The court censures the practice of
counsels who secures repeated
extensions of the time to file their
pleadings and thereafter simply
let the period lapse without
submitting the pleading or even an
explanation or manifestation of
their failure to do so
Where a lawyers motion for
extension of time to file a pleading,
memorandum or brief has remained
unacted by the court, the least
that is expected of him is to file it
within the period asked for
Rule 12.04 Duty not to unduly
delay a case
It is understandable for a party to
make full use of every conceivable
legal defense the law allows it.
However, of such attempts to evade
liability to which a party should
respond, it must ever be kept in
mind that procedural rules are
intended as an aid to justice, not as
means for its frustration.
Once a judgement becomes final
and executory, the prevailing
party should not be denied the
fruits of his victory by some
subterfuge devised by the losing
party. Unjustified delay in the
enforcement of a judgment sets at
naught the role of the courts in
disposing justiciable controversies
with finality.
Rule 12.05 Duty not to talk to
witness, during break or recess,
while the latter is still under
examination
Purpose: To prevent the suspicion
that he is coaching the witness
what to say during the resumption
of examination. Moreover, this
rule is also designed to uphold and
maintain fair play with the other
party and to prevent the examining
lawyer from being tempted to
coach his own witness to suit his
purpose.
Rule 12.06 Duty not to
knowingly assist a witness to
misrepresent or impersonate
The witness who commits
misrepresentation is criminally
liable for
false testimony either under Art
181, 182, or 183 of the Revised
Penal Code, as the case may be.
The lawyer who induces a witness
to commit false testimony is equally
guilty as the witness.
The lawyer who presented a witness
knowing him to be a false
witness is criminally liable for
Offering False Testimony in
Evidence under Art 184 of RPC.
The lawyer who is guilty of the
above is both criminally and
administratively liable.
Rule 12.07 Duty not to abuse,
browbeat or harass or
needlessly
inconvenience a witness
The lawyer has a duty to always
treat adverse witnesses and suitors
with fairness and due consideration.
Thus, it is misbehavior in court for
lawyer to frighten or shout at
witness, to terrorize them or tear
them down arrogantly, cross
examine them with incessant
questions beyond what is fair and
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
necessary or maligning them with
such other similar acts where
disrespect instead of respect, is the
tone of the action.
Rights and Obligations of a Witness
under Section 3, Rule 132, RPC
A witness must answer questions,
although his answer
may tend to establish a claim
against him. However, it is the right
of
a witness:
1. To be protected from irrelevant,
improper or
insulting questions and from harsh
or insulting
demeanor
2. Not to be detained longer than
the interests of
justice require;
3. Not to be examined except only
as to matter
pertinent to the issue
4. Not to five an answer which will
tend to subject him
to a penalty for an offense unless
otherwise
provided by law; or
5. Not to give an answer which will
tend to degrade his
reputation, unless it be the fact at
issue or to a fact
which the fact in issue would be
presumed. But a
witness must answer to the fact of
his previous final
conviction for an offense.
Rule 12.08 Duty to avoid
testifying in behalf of his client
Exceptions:
a. On formal matters, such as the
mailing
authentication or custody of an
instrument and the
like; or
b. On substantial matters, in cases
where his testimony
is essential to the end of justice, in
which event he
must, during testimony, entrust the
trial of the case
to another counsel
Rationale of the Rule:
a. There is a difference between
respective functions of
a witness and advocate
b. The function of a witness is to tell
the facts as he
recalls them in answer to question
c. The function of an advocate is
that of a partisan
d. The lawyer will find it hard to
dissociate his relation
to his client as an attorney and his
relation to the
party as a witness
Instances when a lawyer MAY NOT
testify as a witness in a case
which he is handling for a client:
1. When as an attorney, he is to
testify on the theory of
the case
2. When such would adversely
affect any lawful
interest of the client with respect to
which
confidence has been reposed on
him
3. Having accepted a retainer, he
cannot be a witness
against his client
4. He cannot serve conflicting
interest
5. When he is to violate the
confidence of his client
Instances when a lawyer MAY
testify as witness in a case which
he
is handling for a client
1. On formal matters, such as the
mailing,
authentication or custody of
instrument and the like
2. Acting as an expert on his fee
3. On substantial matters in cases
where his testimony
is essential to the ends of justice, in
which event he
must, during his testimony, entrust
the trial of the
case to another counsel
CANON 13 Duty to refrain from
acts giving appearance of
influencing the court
CANON 13 Duty to refrain from
acts giving appearance of
influencing the court
Rule 13.01 Duty not to extend
extraordinary attention
not seek opportunity for cultivating
familiarity with judges
Rule 13.02 Duty not to make
public statements in the
media regarding pending case
Rule 13.03 Duty not to invite
outside interference in the
judicial proceedings
In prosecuting or defending cases,
the lawyer must be guided by the
principles of justice. He must rely
on the merits of his cases and
should avoid using influence and
connections to win his cases. His
cases must be won because they
are meritorious and not because
of connection, clout, dominance or
influence. To do so, the lawyer
breaks the basic principles of justice
which is highly condemnable.
Courts as impartial administrators
of justice are entitled to dispose
of their business in an orderly
manner, free from outside
interference obtrusive of their
functions and tending to
embarrass
the administration of justice,
just as litigants are entitled to have
their causes tried fairly by an
impartial tribunal, uninfluenced by
publication, public clamor, bias,
prejudice or sympathies.
Rule 13.01 Duty not to extend
extraordinary attention not
seek
opportunity for cultivating
familiarity with judges
Rationale: To protect the good
name and reputation of the judge
and the lawyer
The unusual attention may subject
both the judge and the lawyer
to suspicion
The common practice of some
lawyers making judges and
prosecutors godfathers of their
children to enhance their
influence and their law practice
should be avoided by
judges and lawyers alike
A lawyer should not see a judge in
chamber and talk to
him about a case he is handling and
pending in the judges
court
A lawyer should not communicate
to the judge the merits
of a pending case.
Rule 13.02 Duty not to make
public statements in the media
regarding pending case
Test when public statement is
contemptuous The character of
the
act done and its tendency to
prevent and obstruct the discharge
of
official duty is the test to determine
whether a newspaper
publication concerning a pending
case is contemptuous.
Trial by publicity, when prejudicial
There must be an allegation and
proof that the judges
have been unduly influenced, not
simply that they might
be, by barrage of publicity
Televising a court trial would
amount to a violation of due
process.
A carnival atmosphere would be
created.
Newspaper publications regarding a
pending or
anticipated litigation may interfere
with fair trial,
prejudice the administration of
justice, or subject a
respondent or an accused to a trial
by publicity and create
a public interference of guilt against
him
The SC has the power and
discretion to allow or disallow a live
media coverage of a trial
Resolution dated 22 October
1991 the SC prohibited
live radio and television coverage in
the libel case filed by
former president Corazon Aquino
against then Philippine
Star columnist Luis Beltran
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Resolution dated 29 June 2001
the SC denied a petition
to allow live media coverage of the
anticipated trial of the
plunder and other criminal cases
filed against former
President Joseph E. Estrada before
the Sandiganbayan
Resolution dated 13 September
2001 the SC allowed
press to cover the promulgation of
the decision live
Resolution dated 14 June 2011
the SC allowed pro hac
vice live radio and television
coverage of the Ampatuan
(Maguinadanao Massacre trial
subject to guidelines it
specified)
Resolution dated 23 October
2012 the SC disallowed
the live media broadcast of the
Maguindanao massacre
trials and allowed only the audio
visual recording and
streaming of the video coverage
both (1) for documentary
purposes, and (2) for transmittal to
specified viewing
areas: (i) outside the courtroom,
within the Camp Bagong
Diwa premises, and (ii) selected trial
courts in
Maguindanao, Koronadal, South
Cotabato and Gen San
City where relatives of the accused
and victims reside.
Rule 13.03 Duty not to invite
outside interference in the
judicial
proceedings
------No slides on this topic-------
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
THE LAWYER AND THE CLIENT
CANON 14 Duty to render
legal service to the needy
Rule 14.01 Duty to make
available services regardless of
status
Rule 14.02 Duty not to decline
appointments as counsel de
officio or amicus curae
Duty 14.03 Duty not to refuse
representation of the indigent
clients
Rule 14.04 - Duty to observe
same standard of conduct for
all
clients
CANON 15 Duty of Candor,
Fairness and Loyalty to the
Client
Rule 15.01 Duty to ascertain
conflict of interest
Rule 15.02 Duty to preserve
privileged communication
Rule 15.03 Duty not to
represent conflicting interests
Rule 15.04 Duty to acts as
mediator, conciliator or
arbitrator
Rule 15.05 Duty to give
candid, honest advice
Rule 15.06 Duty not to claim
influence
Rule 15.07 Duty to impress
compliance with laws
Rule 15.08 Duty in case of
dual profession
*No slides available for CANONS
14-15
CANON 16- Duty to be a trustee
of clients money and property
CANON 16- Duty to be a trustee of
clients money and property
Rule 16.01- Duty to account for all
money or property
collected or received
Rule 16.02- Duty to keep clients
funds separate
Rule 16.03- Duty to deliver the
funds and property;
attorneys lien
Rule 16.04- Duty not to borrow from
nor lend money to client
Art. 1491(5) Civil Code.
The following persons cannot
acquire by purchase, even at public
auction, whether in person or
though the mediation of another:
(5) Justices, judges, prosecuting
attorneys, clerks of
superior and inferior court, and
other officers and
employees connected with the
administration of justice,
the property and the rights in
litigation or levied upon an
execution before the court within
whose jurisdiction or
territory they exercise their
respective functions: this
prohibition includes the act of
acquiring by assignment
and shall apply to lawyers, with
respect to the property
and rights which may be the object
of any litigation in
which they may take part by virtue
of their profession.
Elements of prohibition against the
purchase of property to
litigation under Article 1491 of
the Civil Code
1. There is an attorney-client
relationship;
2. The property is in litigation;
3. The attorney takes part as
counsel in the case; and
4. The attorney, by himself or
through an agent, purchases
such property during the pendency
of said case.
Effects of prohibited purchase
1. A prohibited purchase is null and
void ab initio, public
interest and public policy dictate
that its nullity is definite
and permanent and cannot be
cured by ratification. The
lawyer will be deemed to hold the
property in trust for the
client.
2. The client is therefore entitled to
recover the property
and interest from his attorney with
the fruits. The client
should, however, return the
purchase price and the legal
interests.
3. Malpractice on the part of the
lawyer and the lawyer may
be disciplined for misconduct.
Rule 16.01 - Duty to account for
all money or property collected
or
received
A lawyer must be scrupulously
careful in handling money
entrusted to him in his professional
capacity, because of
the high degree of fidelity and good
faith expected on his
part. (Medina v. Bautista, A.C. No.
190. September 1964)
A lawyer, under his oath, pledges
himself not to delay any
man for money or malice and is
bound to conduct himself
with all good fidelity to his clients.
He is obligated to
report promptly the money of his
clients that has come to
his possession (otherwise a his lawful fees and disbursements
violation of Sec. 25, Rule 138
of ROC). He should not commingle
without his clients
consent. He should maintain a
reputation for honesty and
fidelity to private trust.
Rule 16.02 - Duty to keep
clients funds separate
A lawyer should keep funds of
each client separate and
apart from his own. He should not
use clients money for
personal purposes without clients
consent. He should
report promptly the money of his
client in his possession.
Failure of the lawyer to account all
the funds and property
of his client which may come into
his possession would
amount to misappropriation which
may subject him to
disbarment on the ground of grave
misconduct or a
criminal prosecution for estafa
under Art. 315 par. 1 (b) of
the RPC.
Rule 16.03- Duty to deliver the
funds and property; attorneys
lien
A lawyer who obtained
possessions of the funds and
properties belonging to his client in
the course of his
professional employment shall
deliver the same to his
client when (a) they become due, or
(b) upon demand.
The lawyers failure to deliver
upon demand gives rise to
the presumption that he has
misappropriated the funds
for his own use to the prejudice of
the client and in
violation of the trust reposed in him.
The rule grants the lawyer a lien
over the clients funds in his
possession as well as on all
judgments and execution he has
secured
for his client, to satisfy his lawful
fees and disbursements.
Note: While this rule provides that
the lawyer has the
right to retain the funds of his client
as may be necessary
to satisfy his lawful fees and
disbursements know as Note:
While this rule provides that the
lawyer has the right to
retain the funds of his client as may
be necessary to satisfy
know as attorneys lien
and his lien to the same extent on
all judgments and
execution he has secured for his
client called charging
liens, he is still duty bound to
render an accounting of his
clients funds and property which
may come into his
possession in the course of his
professional employment.
In the application of attorneys lien
a lawyer shall give
notice to his client otherwise, the
same might be
construed as misappropriation
which may subject him to
disciplinary action.
(Please see also Section 37, Rule
138 of the Rules of Court)
Rule 16.04 - Duty not to borrow
from nor lend money to client
Rationale: The Rule against
borrowing of money by a lawyer
from
his client is intended (i) to prevent
the former form taking
advantage of his influence over the
latter, and (ii) to assure the
lawyers independent professional
judgment.
If a lawyer acquires a financial
interest in the outcome of the case,
the free exercise of his judgment
may be adversely affected.
Exceptions to the rule against
borrowing or lending of money
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
The lawyer is allowed to borrow
money from his client
provided the interests of the client
are fully protected by
the nature of the case or by
independent advice.
The lawyer may lend money to a
client, when it is
necessary in the interest of justice
to advance necessary
expenses in a legal matter he is
handling for the client.
The advances made shall be
subject to reimbursement.
CANON 17 Duty of Fidelity to
the Cause of the Client
Lawyers duty of fidelity
commences from the receipt of his
retainer
until his effective release from the
case or final disposition of the
whole subject matters of the
litigation. During that period, he is
expected to take such reasonable
steps and such ordinary case as
his clients interest may require.
When a lawyer takes a clients
cause, he thereby covenants that
he
will exert all effort for its
prosecution until its final conclusion.
The
failure to exercise due diligence or
the abandonment of a clients
case makes such lawyer unworthy
of the trust which the client had
reposed on him. A lawyer has the
duty to protect with utmost
dedication the interest of his client
and of the fidelity, trust and
confidence which he owes his client.
CANON 18 Duty to serve with
competence and due diligence
CANON 18 Duty to serve with
competence and due diligence
Rule 18.01- Duty not to undertake
legal services if not
qualified; collaborating counsel
Rule 18.02- Duty to adequately
prepare for cases
Rule 18.03- Duty not to neglect
legal matters
Rule 18.04- Duty to inform client of
status of the case
Competence refers to the
sufficiency of lawyers qualifications
to
deal with the matter in question and
includes knowledge and skill
and the ability to use them
effectively in the interest of the
client.
Diligence is the attention and care
required of a person in a given
situation and is the opposite of
negligence, it is axiomatic in the
practice of law that the price of
success is eternal diligence to the
cause of the client.
Lawyer impliedly represents that he
possesses requisite degree of
learning, skill, ability which is
necessary to the practice of his
profession and which other similarly
situated possess, he will exert
his best judgment in the
prosecution or defense of the
litigation
entrusted to him, he will exercise
reasonable and ordinary care and
diligence in the use of his skill and
in the application of his
knowledge to his clients cause, he
will take such steps as will
adequately safeguard his clients
interest. A client may reasonably
expect that counsel will make good
his representation.
Rule 18.01 - Duty not to
undertake legal services if not
qualified;
collaborating counsel
Some cases involve specialized
fields of law and require
special training. A lawyer should not
accept an
undertaking in specific area of law
which he knows or
should know he is not qualified to
enter.
Exception: If his client consents,
he lawyer can take as
collaborating counsel another
lawyer who is competent
on the matter.
Collaborating counsel- one who is
subsequently engaged to assist a
lawyer already handling a particular
case for client.
The handling lawyer cannot just
take another counsel
without the consent of the client.
The new lawyer, on the
other hand, cannot just enter his
appearance as
collaborating counsel without the
conformity of the first
counsel.
The same diligence required of the
first counsel is
required of the collaborating
counsel.
Rule 18.02 - Duty to adequately
prepare for cases
Lawyer should safeguard his
clients right and interests by
thorough study and preparation,
mastering applicable
law and facts involved in a case,
regardless of the nature
of the assignment, and keeping
constantly abreast of the
latest jurisprudence and
developments in all branches of
the law.
A lawyer should prepare his
pleadings with great care and
circumspection. He should refrain
from using abrasive
and offensive language, for it
merely weakens rather than
strengthens the force of legal
reasoning and detracts
from its persuasiveness.
Rule 18.03 - Duty not to neglect
legal matters
The standard of diligence required
of a lawyer is that of a
good father of a family. He is not
bound to exercise
extraordinary diligence.
It should be remembered that the
moment the lawyer
takes a clients cause, he covenants
that he will exert all
effort for its prosecution until its
final conclusion. A
lawyer who fails to exercise due
diligence or abandons his
clients cause makes him unworthy
of the trust and
confidence reposed on him by the
latter. (Legarda v. CA,
209 SCRA 722 (1992)).
Instances of negligence of attorneys
1. Failure to ask for additional time
to answer which resulted
in a default judgment against his
client.
2. Failure to file brief within the
reglementary period to file.
3. Failure to attend to trial without
filing a motion for
postponement or for resetting.
4. Failure to take action to have the
adverse decision
reconsidered.
5. Failure to notify the court of
change of address resulting
in failure to receive judicial orders
to the prejudice of
client.
6. Failure to present evidence.
7. Failure to pay appellate docket
fee after receiving the
amount for the purpose.
Rule 18.04- Duty to inform
client of status of the case
The client has the right to be fully
informed of the status
of the case particularly on the
important movements or
developments therein, Vis--vis this
right, the lawyer has
the corresponding duty to notify his
client of the
important orders or decisions not
yet known to the client.
A lawyer should notify his client of
the adverse decision while within
the period to appeal to enable the
client to decide whether to seek
an appellate review. He should
communicate with him concerning
the withdrawal of appeal with all its
adverse circumstances.
The client is entitled to the fullest
disclosure of the mode or manner
by which his interest is defended or
why certain steps are taken or
omitted.
It is the duty of a party litigant to be
in contact with his counsel from
time to tie in order to be informed
of the progress of the case.
CANON 19 Duty to serve only
within the bounds of law
CANON 19 Duty to serve only
within the bounds of law
Rule 19.01- Duty to employ only fair
and honest means
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
Rule 19.02- Duty to rectify clients
fraud
Rule 19.03- Duty to control
proceedings
The client is entitled to the benefit
of any and every remedy and
defense that is authorized by the
law of the land, and he may expect
his lawyer to assert every such
remedy or defense.
The advocacy for the client is to
be performed within and
not without the bounds of the law.
The office of an
attorney does not permit, much less
does it demand of
him for any client, violation of law
or any manner of fraud.
A lawyers duty is not to his client
but to the
administration of justice. His
conduct ought to and must
always be scrupulously observant of
law and ethics.
Rule 19.01 - Duty to employ
only fair and honest means
In civil case- it is the lawyers duty
to counsel or maintain
such actions or maintain such
actions or proceedings only
as appear to him to be just, and
such defenses only as he
believes to be honestly debatable
under the law (Section
20 (C), Rule 138, RPC).
In criminal cases- the lawyer
should defend the accused
by all fair and reasonable means
that the law permits
regardless of his personal opinion as
to the guilt of the
accused.
Only honorable, fair, and honest
means shall be employed in the
maintenance of cases
1. A lawyer must not present and
offer in evidence any
document which he knows is false.
2. A lawyer should not present a
false witness whom he
knows will perjure.
3. A lawyer shall not file or threaten
to file any unfounded
or baseless cases against
adversaries of his client.
4. A lawyer shall not do any false,
nor consent to the doing
for any in court nor shall he mislead
or allow the court to
be misled by any artifice.
5. A lawyer shall not knowingly
misquote the contents of a
paper, the text of a decision or
authority nor shall he
knowingly cite as law a provision
already rendered
inoperative because of repeal or
amendment, nor shall be
assert as a fact something which
has not yet been
established.
6. A lawyer shall not bribe or
attempt to bribe a judge to win
his case.
Rule 19.02 - Duty to rectify
clients fraud
A lawyer should do his best efforts
to restrain and to
prevent his client from perpetrating
acts which he himself
ought not to do, particularly with
reference to their
conduct toward courts, judicial
officers and witnesses. If
the client persists in such
wrongdoings, the lawyer should
terminate their relation.
This rule requires the lawyer to
terminate his relationship
with the client in the event the
latter fails or refuses to
rectify the fraud.
Note: The lawyer shall not
volunteer the information
about the clients commission of the
fraud to anyone for
that will run counter to his duty to
maintain at all times
the clients confidences and secrets.
Rule 19.03 - Duty to control
proceedings
Rule: In matters of law, it is the
client who should yield to
the lawyer and not the other way
around.
Reason: The lawyer is trained and
skilled in the law. The
client has not knowledge of
procedure and necessarily
entrusts this to the attorney he
employs.
Authority of an attorney in the
conduct of litigation
1. A lawyer has authority to bind
the client in all matters
of ordinary judicial procedure. The
lawyer, and not the
client, is assumed to have
knowledge of the law and the
rules of procedure.
2. On the subject matter of the
case, it is the client who
will have final decision.
Lawyers authority to compromise
General Rule: The lawyer has no
authority to compromise
his clients case.
Reason: The client, even if
represented by counsel,
retains exclusive control over the
subject matter of the
litigation.
Exception: The client can
authorize his lawyer to
compromise his case, and the
settlement made by the
lawyer will bund the client.
Mistakes or negligence of lawyer
binding upon client
General Rule: Client s bound by
attorneys conduct, negligence and
mistake in handling a case or in
management of litigation and in
procedural technique, and he
cannot be heard to complain that
result might have been different
had his lawyer proceeded
differently.
Exceptions:
1) Where adherence thereto results
in outright deprivation
of clients liberty or property or
where interest of justice
so requires.
2) Ignorance, incompetence or
inexperience of lawyer is so
great and error so serious that
client, who has good cause
is prejudiced and denied a day in
court.
3) Gross negligence of lawyer.
CANON 20. Duty to charge only
fair and reasonable fees
CANON 20. Duty to charge only fair
and reasonable fees
Rule 20.01- Guide in determining
attorneys fees
Rule 20.02- Division of fees in
proportion to the work
performed and responsibility
assumed
Rule 20.03- Duty not to accept any
fee or other
compensation whatsoever related
to his professional
employment from anyone other
than the client
Rule 20.04- Duty to avoid compensation for his services.
compensation controversies with
client LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
Legal basis for attorneys fees EH410 2015
The fact of employment as lawyer
by the client Written agreement
constitutes the legal basis of the Not necessary to establish a
lawyers right to demand clients obligation to pay
payment for his services. No formal attorneys fees
contract is necessary As long as the lawyer is honestly
to effectuate employment.
and in good faith trying
to serve and represent the interest
Requisites for the right to of his client, an
attorneys fees: absence of express undertaking
1. Existence of attorney-client does not defeat recovery
relationship. of fees
2. Rendition by the lawyer of It is advisable for the benefit
service to the client. of both the lawyer and the
clients: that as soon as they have
Reason for adequate agreed on the
compensation: engagement of the former by the
A lawyer like all other human latter, the attorneys
beings has a right to fees are immediately determined
livelihood. and fixed.
That the practice of law is a Reason: to avoid future
profession and not a moneymaking misunderstandings which usually
trade arise
does when the client thinks low of the
not value of the services of the
operate counsel, and the latter thinks high
to of his services, and no one is
deny expressing what is in his mind.
a
lawyer Advantages of a written
the contract for attorneys fees:
right 1. An express valid contract
stipulating for the
to compensation which the attorney is
attorneys to receive for his
fees services is generally held conclusive
for as to the amount of
his compensation.
professional 2. In case of unjustified dismissal of
services. attorney, he shall be
He entitled to recover from the client
has full compensation
the stipulated in the contract. The law
seeks to protect
right lawyers from unscrupulous and
ungrateful clients who
to have and recover from his client dismiss lawyers to avoid payment of
a fair and attorneys fees
reasonable compensation for his
services, except in cases Two concepts of attorneys
where he has agreed to render fees:
service gratuitously. 1. Ordinary
It is necessary in order to enable the reasonable compensation paid
the lawyer to serve his to the
clients effectively and to preserve lawyer for the legal services he had
the integrity and rendered in
independence of the profession. The favour of his client.
legal profession The basis of this compensation:
cannot remain a viable force in
the fact of
fulfilling its role in our
employment by the client.
society unless the lawyer receives
2. Extraordinary-
adequate
 an indemnity for damages ordered
by the court
to be paid by the losing party to the
prevailing
party in a litigation.
The basis: any of the cases
authorized by law
(Art. 2208, Civil Code) and is
payable not to the
lawyer but to the client unless there
is an
agreement that the award shall
pertain to the
lawyer as an additional
compensation or as part
thereof.
Attorneys fees as damages:
General rule: Attorneys fees as
damages is not
recoverable because it is not the
fact of winning that ipso
facto justifies the award but the
attendance of any of the
special circumstances
Exceptions: Article 2208 of the
New Civil Code
Kinds of retainer agreement
1. General Retainer
It is the fee paid to a lawyer to
secure his future services
as general counsel for any
ordinary legal problem that
may arise in the ordinary business
of the client and
referred to him for legal action.
The client pays fixed retainer fees,
which could be
monthly or otherwise.
The fees are paid whether or not
there are cases referred
to the lawyer.
2. Special Retainer
fee for a specific case or service
rendered by the lawyer
for the client
Kinds of payments that may be
stipulated upon
1. Fixed or Absolute Fee
Payable regardless of the result of
the case
2. Contingent Fee
That which is conditioned on the
securing of a favourable
judgment and recovery of money or
property and the
amount of which may be on a
percentage basis
3. Fixed fee payable per
appearance
4. Fixed fee computed by the
number of hours spent
5. Fixed fee based on piece of
work
6. A combination of the above
arrangements or an
entirely different agreement
not contrary to law, public
morals, or public policy
Rule 20.01. Guide in
determining attorneys fees
a. Time spent and extent of services
rendered or required.;
b. Novelty and difficulty of
questions involved.;
c. Importance of subject matter.;
d. Skill demanded of the lawyer.;
e. Probability of losing other
employment.;
f. Customary charges for similar
services and schedule of
fees of IBP.;
g. Amount involved in the
controversy and benefits
resulting to the client from the
service
h. Contingency or certainty of
compensation.
i. Character of the employment,
whether occasional or
established.;
j. Professional standing of the
lawyer.
None of the factors is controlling but
are guides only.
The mere fact that an agreement
had been reached between the
attorney and the client fixing the
amount of the attorneys fees does
not insulate such agreement from
review and modification by the
Court where the fees clearly appear
to be excessive or
unreasonable.
Situations when counsel cannot
recover full amount despite a
written contract for attorneys
fees
1. Services are not performed.
2. Justified dismissal of the attorney.
3. Stipulated attorneys fees are
unconscionable.
4. Stipulated attorneys fees are in
excess of what is
expressly fixed by law.
5. When the lawyer is guilty of bad
faith or fraud toward his
client in the matter of his
employment.
6. Counsels services were
worthless because of his
negligence.
7. Contract of employment is illegal,
against morals or public
policy.
8. Serving adverse interest, unless
he acted with the consent
of both parties.
QUANTUM MERUIT
This means as much as the lawyer
deserves or such
amount as his services merit.
it is fixed by the court
Some instances of recovery of
attorneys fees on the basis
of Quantum Meruit:
a. No express contract for payment
of attorneys fees.
b. Amount stipulated is
unconscionable.
c. Lawyer, without fault, was unable
to conclude
litigation.
d. Lawyer, for justifiable cause, was
not able to finish
the case.
e. Lawyer and client disregarded the
contract for fees.
CONTINGENT CONTRACT
CHAMPERTOUS CONTRACT
1. It is one where the lawyer
is paid for his services
depending on the success of
the case.
1. It is one where the lawyer
stipulates with his client in the
prosecution of the case that he
will bear all the expenses for
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
the recovery of things or
property being claimed by the
client, and the latter agrees to
pay the former a portion of the
thing or properly recovered as
compensation. It is void for
being against public policy.
2. It may be paid in cash. 2. It is
payable in kind only.
3. Lawyers do not undertake
to pay all expenses of
litigation.
3. Lawyers undertake to pay all
expenses of litigation.
4. It is a valid contract. 4. It is a void
contract.
Rule 20.2 - Division of fees in
proportion to the work
performed
and responsibility assumed.
This is not in the nature of a
brokers commission.
Lawyer- referral system
Under this system, if another
counsel is referred to the client,
and the latter agrees to take him as
collaborating counsel, and
there is no express agreement on
the payment of attorneys
fees, the said counsel will receive
attorneys fees in proportion
to the work performed and
responsibility assumed. The
lawyers and the client may agree
upon the proportion but in
case of disagreement, the court
may fix the proportional
division of fees.
Rule 20.03 - Duty not to accept
any fee or other compensation
whatsoever related to his
professional employment from
anyone
other than the client
Rationale: It is intended to
secure the fidelity of the
lawyer to his clients cause and to
prevent a situation in
which the receipt of him of a rebate
or commission from
another with the clients case may
interfere with the full
discharge of his duty to his client.
Exception: A lawyer may receive
compensation from a
person other than his client when
the latter has full
knowledge and approval thereof.
(Section 20 (e), Rule
138, RRC).
Rule 20.04. Duty to avoid
compensation controversies
with client
General Rule: A lawyer should
avoid the filing of any case
against a client for the enforcement
of a attorneys fees.
[Filing of cases against a client is
unwise because in the
process, the lawyer loses the clients
aside from suffering
a broken reputation being money-
oriented.
Exception:
a. to prevent injustice
b. to prevent fraud
Where and how may attorneys
fees be claimed by the lawyer?
1. In the same case - It may be
asserted either in the very
action in which the services of a
lawyer had been
rendered
2. In a separate civil action - A
petition for attorneys fees
may be filed before the judgment in
favor of the client is
satisfied or the proceeds thereof
delivered to the client
CANON 21. Duty to preserve the
clients confidence and secrets
CANON 21. Duty to preserve the
clients confidence and
secrets
Rule 21.01 - Duty not to reveal the
confidences or secrets,
exceptions
Rule 21.02 - Duty not to use
information received in the
course of employment
Rule 21.03 - Duty not to give
information to outside agency
Rule 21.04 and 21.05 - Duty to
protect from disclosure
Rule 21.06 - Duty to avoid indiscreet
conversation
Rule 21.07 - Duty not to reveal that
he was consulted
Confidential- the protection
given to the client is perpetual
and does not cease with the
termination of the litigation nor is
affected by the party ceasing to
employ the attorney and
employ another or any other
change of relations between
them. It even survives the death of
the client.
Rationale behind this
prohibition:
Not only to prevent the dishonest
practitioner from
fraudulent conduct, but also to
protect the honest lawyer
from unfounded suspicion of
unprofessional practice. It is
founded on principles of public
policy, on good taste. The
question is not necessarily one of
the rights of the parties,
but as to whether the attorney has
adhered to proper
professional standard.
Confidence - It refers to the
information protected by the
attorney-client privilege
Secret - It refers to other
information gained in the
professional relationship that the
client has requested to
be held inviolate or the disclosure of
which would be
embarrassingly or detrimental to
the client.
Confidential communication
Information - transmitted
through voluntary act of disclosure
between attorney and
client in confidence, and by means
of which, so far as to
the client is aware, discloses the
information to no third
person other than one reasonable
necessary for the
transmission of the information or
the accomplishment of
the purpose for which it was given
Requisites for the attorney-client
privilege
1. There exists an attorney- client
relationship or a kind of
consultancy relationship with a
prospective client. That is,
legal advice is what is sought. This
includes persons
appointed as counsel de oficio.
2. The communication was made by
the client to the lawyer
in the course of the lawyers
professional employment.
3. The communication must be
intended to be confidential.
Rule 21.01. Duty not to reveal
the confidences or secrets,
exceptions
General Rule: A lawyer shall not
reveal the confidences and
secrets of his client.
Exceptions:
1. When authorized by the client
after acquainting him
of the consequences of the
disclosure.
2. When required by law.
3. When necessary to collect his
fees or to defend
himself, his employees or
associates or by judicial
action. In case client files complaint
against his
lawyer or unreasonably refuses to
pay his fees,
lawyer may disclose so much of
clients confidences
as may be necessary to protect
himself or to collect
fees.
4. In cases of contemplated crimes
or perpetuation of
fraud.
Rule 21.02. Duty not to use
information received in the
course of
employment
General Rule: A lawyer, who
acquired information from a
client I the course of his legal
employment, is prohibited
from making use of such
information, whether it is
privileged or not, to the (a)
disadvantage of his client, or
LEGAL ETHICS BY ATTY. LOUIE
JOHN LOOD | Compiled by LSG
EH410 2015
(b) to the lawyers own advantage,
or (c) to the advantage
of a third person.
Exception : If the client with full
knowledge of
the circumstances to the use
thereof.
Exception to the exception: In
matters of unprivileged
information, the lawyer may be
judicially compelled to
make a disclosure even if the client
objects.
Rule 21.03. Duty not to give
information to outside agency
Rationale : The work and product
of a lawyer, such as his
effort, research, and thought, and
the records of his
client, contained in his files are
privileged matters.
Exception: If the client gives his
written consent.
Rule 21.04 and 21.05. Duty to
protect from disclosure
Rule: The professional
employment of a law firm is
equivalent to the retainer of the
members thereof even
though only one of them is
consulted; conversely, the
employment of one member of law
firm is generally
considered as employment of the
law firm.
The lawyer is obliged to exercise
care in selecting and
training his employees so that the
sanctity of all
confidences and secrets of his
clients may be preserved.
Rule 21.06. Duty to avoid
indiscreet conversation
A lawyer must not only preserve
the confidences and
secrets of his clients in his law office
but also outside
including his home. He should avoid
committing
calculated indiscretion, that is,
accidental revelation of
secrets obtained in his professional
employment.
Reckless or imprudent disclosure of
the affairs of his
clients may jeopardize them. Not
every member of the
lawyers family has the proper
orientation and training for
keeping clients confidences and
secrets.
Rule 21.07. Duty not to reveal
that he was consulted
General Rule: If a lawyer was
consulted about a particular
case, and irrespective of whether or
not he was thereafter
hired as counsel, he should not
reveal to others the
matter of subject of consultation.
Exception: When the lawyer will
be placed in a situation
of representing conflicting interests
if he does not
disclose the consultation to the next
person consulting
him on the same matter. Otherwise,
if he remains silent,
he may be violating the rule against
representing
conflicting interests.
See Canon 14, Rule 14.03; see also:
Canon 15, Rule 15.01
CANON 22. Duty to withdraw
services only for good cause
and
upon notice
CANON 22. Duty to withdraw
services only for good cause and
upon notice
Rule 22.01 - Good causes for
withdrawal of services
Rule 22.02 - Duties of lawyers who
withdrew; retaining lien
Termination of attorney- client
relationship
1. Withdrawal of the lawyer under
Rule 22.01.
2. Death of the lawyer, unless it is a
law firm, in which case,
the other partners/lawyers may
continue with the case.
3. Death of the client.
4. Discharge or dismissal of the
lawyer by the client.
5. Appointment or election of a
lawyer to a government
position which prohibits private
practice of law.
6. Full termination of the case.
7. Disbarment or suspension of the
lawyer from the practice
of law.
8. Intervening capacity or
incompetency of the client during
the pendency of the case, for then
the client loses his
capacity to contract, or to control
the subject matter of
the action.
9. Declaration of the presumptive
death of the lawyer; and
10. Conviction for a crime and
imprisonment of the lawyer for
quite some time.
Right of the client to terminate
relation with counsel is absolute;
but not vice versa.
While the right of the client to
terminate the relation is
absolute, the right of an attorney to
withdraw or
terminate the relation other than for
a sufficient cause, is
considerably restricted.
Among the fundamental rules of
ethics is the principle
that an attorney who undertakes to
conduct an action
impliedly stipulates to carry it to its
termination. He is not
at liberty to abandon without
reasonable cause.
Rule 22.01. Good causes for
withdrawal of services
a. Client pursuing an illegal or
immoral course of conduct.
b. Clients insistence that lawyer
pursues acts violative of
the canons and rules.
c. Inability of lawyer to work with
co-counsel.
d. Mental and physical inability of
counsel to handle case
effectively.
e. Clients deliberate failure to pay
attorneys fees as agreed
upom.
f. Election or appointment of lawyer
to public office.
g. Other similar cases.
Change of Counsel
1. Client discharges attorney with or
without cause: no
consent or notice to lawyer needed,
nor court approval.
2. Attorney may initiate move by
withdrawing his
appearance with written consent of
client or with leave of
conduct on some justifiable ground.
3. Substitution of counsel in the
form of application for that
purpose constitutes an appearance
of the substituting
counsel and is a polite way of
effecting change;
compliance with formalities is
necessary since it involves
ethical considerations.
Requirements for Substitution
1. written application for
substitution
2. written consent of client
3. written consent of attorney to be
substituted
 particular action with written notice
** In case written consent of to his client and CHARGING LIEN
attorney cannot be secured, proof adverse party. 1. Nature Passive lien.
of It cannot be actively
service of notice of application upon Requisites for validity of enforced.
attorney to be substituted. retaining liens A general lien.
**In case of death of original 1. attorney- client relationship Active Lien.
attorney, additional requirement: 2. lawful possession by lawyer of It can be enforced
verified proof of death (necessary) the clients funds, by execution.
documents and papers in his A special lien
Rule 22.02. Duties of lawyer professional capacity 2. Basis Lawful possession of
who withdraws; retaining lien 3. unsatisfied claim for attorneys papers, documents,
1. Immediately turn-over all papers fees or disbursements property belonging to
and property to which client.
the client is entitled; and Requisites for validity of Securing of a
2. To cooperate with his successor in charging liens favourable money
the orderly transfer of 1. attorney-client relationship judgment for the
the case 2. attorney has rendered services client.
3. money judgment favourable to 3. Coverage Covers only papers,
Lawyers withdrawal or discharge the client has been documents, and
shall be without prejudice to his secured in the action property in the lawful
attorneys lien: Purpose of Rule 4. attorney has a claim for possession of the
22.02 (lawyer entitled to attorneys fees or advances attorney by reason of
retaining 5. statement of his claim has been his professional
lien) and Rule 16. 03 (lawyer duly recorded in the case employment
entitled to retaining and with notice thereof served upon the Covers all
charging client and adverse judgments for the
lien) party payment of money
To insure payment of lawyers and executions
professional fees and the issued in pursuance
reimbursement of his lawful of such judgement.
disbursements in keeping 4. Effectivity As soon as the
with his dignity as an officer of the attorney gets
court possession of the
papers, documents or
Kinds of liens property.
1. Retaining Lien (General Lien) As soon as the claim
for attorneys fees
had been entered
LEGAL ETHICS BY ATTY. LOUIE
into the records of
JOHN LOOD | Compiled by LSG
the case.
EH410 2015
5. Notice Client need not be
The rights of an attorney to retain
notified to make it
the funds, documents
effective.
and papers of his client which have
Client and adverse
lawfully come into his
party must be
possession until his lawful fees and
notified to make it
disbursements have
effective.
been paid and to apply such funds
6. Applicability May be exercised
to the satisfaction
before judgment or
thereof.
execution or
2. Charging Lien (Special Lien)
regardless thereof.
A right which the attorney has upon
Generally, It is
all judgments for the
exercisable only
payment of money and executions
when the attorney
issued in pursuance
had already secured
thereof, secured in favour of his
favourable
client. Covers only
judgment for his
services rendered by attorney in the
client.
action in which the
judgment was obtained and takes
effect only after a
statement of claim has been
entered upon record of the RETAINING LIEN