Professional Documents
Culture Documents
and
Judicial
Ethics
Reviewer
Legal
and
Judicial
Ethics
(2009
ed.)
Chap
8
to
Chap
19
By
Ruben
E.
Agpalo
Canon
16:
a
lawyer
shall
hold
in
trust
all
A
lawyer
shall
keep
the
funds
of
each
client
moneys
and
properties
of
his
client
that
may
separate
and
apart
from
his
own
and
those
of
come
into
his
possession.
others
kept
by
him.
Rule
16.01
a
lawyer
shall
account
for
all
the
money
or
property
collected
or
received
for
- not
commingle
money
of
client
with
or
from
the
client.
that
of
other
clients
and
with
his
private
funds,
nor
use
the
clients
- a
lawyer
may
receive
money
for
or
money
for
personal
purposed
from
the
client
in
the
course
of
his
without
the
clients
consent
employment
which
he
holds
in
trust
- promptly
report
money
of
his
client
and
under
the
obligation
to
make
an
coming
to
his
possession
accounting
thereof.
Such
money
may
include:
A
LAWYER
SHALL
DELIVER
FUNDS
TO
CLIENT,
SUBJECT
TO
HIS
LIEN
1.
money
collected
in
pursuance
of
a
Rule
16.03:
A
lawyer
shall
deliver
the
funds
judgment
in
favour
of
his
client
and
property
of
his
client
when
due
or
upon
2.
money
of
client
not
used
for
the
demand.
However
he
shall
have
a
lien
over
purpose
for
which
it
was
entrusted
the
funds
and
may
apply
so
much
thereof
as
3.
any
property
redeemed
with
the
may
be
necessary
to
satisfy
his
lawful
fees
clients
money
and
registered
in
the
and
disbursements,
giving
notice
promptly
lawyers
name
thereafter
to
his
client.
4.
any
fund
received
from
a
judgment
creditior
as
consideration
to
desist
- assumes
that
the
client
agrees
with
from
participating
in
a
public
sale
the
lawyer
as
to
the
amount
of
attys
fees
and
the
application
of
the
- if
there
is
failure
to
accomplish
a
clients
funds
to
pay
such
fees
specific
purpose
for
which
money
- without
the
consent,
lawyer
cannot
given
by
the
client
was
to
paid,
the
apply
the
money
for
his
fees,
but
atty
must
return
such
money
should
instead
return
money
to
the
immediately
to
the
client
client
without
prejudice
to
filing
a
- ..failure
to
return
such
money
upon
case
for
the
recovery
of
his
fees
demand
give
rise
to
the
presumption
that
he
misappropriated
it
for
his
C.
RESTRICTION
AGAINST
BUYING
CLIENTS
own
use
and
to
the
prejudice
of
and
PROPERTY
in
violation
of
the
trust
reposed
in
PURCHASE
OF
PROPERTY
IN
LITIGATION
him
by
his
client.
It
is
a
gross
violation
- prohibits
lawyer
from
purchasing
of
general
morality,
professional
even
at
auctions,
either
in
person
or
ethics
and
impairs
public
confidence
through
the
mediation
of
another,
in
the
legal
profession.
(Celaje
v.
any
property
or
interest
involved
in
Soriano)
any
litigation
in
which
he
may
take
- also
applies
even
without
atty-client
part
by
virtue
of
his
profession
relationship
- rests
on
public
policy
and
interests
- may
retain
part
of
money
if
- such
prohibition
is
ABSOLUTE
AND
authorized
by
the
client
PERMANENT
- moral
obligation
of
the
atty
to
refrain
A
LAWYER
SHALL
NOT
COMMINGLE
CLIENTS
from
placing
himself
in
a
position
FUNDS
which
excites
conflict
between
self
interest
and
integrity
services
are
utilized
by
him,
from
disclosing
or
- work
product
of
lawyer
such
as
his
using
confidences
or
secrets
of
the
clients.
effort,
research
and
thought
and
the
Rule
21.06
-
A
lawyer
shall
avoid
indiscreet
records
of
his
client
are
Privileged
conversation
about
a
client's
affairs
even
with
matters
members
of
his
family.
- neither
the
lawyer,
his
heir
or
legal
Rule
21.07
-
A
lawyer
shall
not
reveal
that
he
has
been
consulted
about
a
particular
case
except
to
representatives
disclose
the
contents
avoid
possible
conflict
of
interest.
of
such
files
without
clients
permission
DURATION
OF
DUTY
- perpetual,
continues
even
after
A
LAWYER
MAY
DISCLOSE
AFFAIRS
OF
clients
death
CLIENT
TO
PARTNERS
- he
may
not
do
anything
which
will
- employment
of
a
law
firm
is
injuriously
affect
his
former
client
equivalent
to
retainer
of
the
- nor
at
any
time
disclose
or
use
members
thereof
against
him
any
knowledge
or
- employment
of
one
member
of
a
law
information
acquired
by
virtue
of
the
firm
is
considered
as
employment
of
professional
relationship
the
law
firm
- some
privileged
communication
may
- partners
and
associates
are
not
lose
privileged
nature
by
some
considered
third
persons
because
supervening
act
done
pursuant
to
they
are
considered
as
one
person
the
purpose
of
the
communication
A
LAWYER
SHALL
ADOPT
MEASURES
REASON
FOR
THE
RULE
AGAINST
DISCLOSURES
OF
CLIENTS
SECRETS
- encourage
full
disclosure
of
facts
to
A
lawyer
shall
adopt
such
measures
as
may
be
atty.
and
place
unrestricted
required
to
prevent
those
whose
services
are
utilized
by
him,
from
disclosing
or
using
confidence
in
him
in
matters
confidences
or
secrets
of
the
clients.
affecting
his
rights
and
obligations
- preserve
the
confidential
and
trust
- employment
of
secretaries,
relation
between
atty
and
client
stenographers,
messengers,
clerks
etc
is
allowed
and
clients
secrets
A
LAWYER
SHALL
NOT
USE
CLIENTS
SECRETS
learned
by
these
persons
In
the
WITHOUT
HIS
CONSENT
performance
of
their
services
to
the
A
lawyer
shall
not,
to
the
disadvantage
of
his
lawyer
or
his
client
are
privileged
client,
use
information
acquired
in
the
course
of
communications
employment,
nor
shall
he
use
the
same
to
his
own
advantage
or
that
of
a
third
person,
unless
the
client
with
full
knowledge
of
the
circumstances
A
LAWYER
SHALL
AVOID
INDISCREET
consents
thereto.
CONVERSATION
ABOUT
CLIENTS
AFFAIRS
even
with
members
of
his
family.
A
LAWYER
SHALL
NOT
GIVE
INFORMATION
- may
result
in
prejudice
to
client
and
FROM
HIS
FILES
lessen
respect
due
to
the
legal
A
lawyer
shall
not,
without
the
written
consent
profession
of
his
client,
give
information
from
his
files
to
an
-
outside
agency
seeking
such
information
for
A
LAWYER
SHALL
NOT
REVEAL
HIS
HAVING
auditing,
statistical,
bookkeeping,
accounting,
CONSULTED
data
processing,
or
any
similar
purpose.
A
lawyer
shall
not
reveal
that
he
has
been
- mere
relation
of
atty
and
client
does
consulted
about
a
particular
case
except
to
avoid
not
raise
presumption
of
possible
conflict
of
interest.
confidentiality
- the
client
must
intend
the
- applies
to
matters
disclosed
by
communication
to
be
confidential
prospective
client
because
the
and
for
the
purpiose
of
seeking
legal
disclosure
creates
atty-client
advice
relationship
even
though
the
atty
- Confidential
information-
transmitted
does
not
eventually
accept
the
by
voluntary
act
of
disclosure
employment
between
atty
and
client
in
confidence
- lawyer
should
ascertain
as
soon
as
and
by
means
which
so
far
as
the
practicable
whether
there
is
conflict
client
is
aware,
discloses
the
of
interest
and
inform
the
information
to
no
third
person
other
prospective
client
that
he
cannot
than
one
reasonably
necessary
to
accept
employment
on
such
ground
accomplish
the
purpose
for
which
it
was
given.
B.
SCOPE
OF
ATTY-
CLIENT
PRIVILEGE
- a
third
person
who
overheard
privilege
communication,
privilege
REQUISITES
rule
does
not
apply
(Mercado
v.
Vitriolo)
Evidentiary
privilege
(all
must
concur):
FORM
OR
MODE
OF
COMMUNICATION
1.
legal
advice
of
any
kind
is
sought
-oral,
written,
actions,
signs
and
other
means
2.
from
a
professional
legal
adviser
in
his
of
communication
intended
to
be
capacity
as
such
confidential
by
the
client
3.
the
communications
relating
to
such
-no
particular
mode
required
for
the
privilege
purpose
rule
to
attach
4.
made
in
confidence
5.
by
the
client
PERSONS
ENTITLED
TO
CLAIM
PRIVILEGE
6.are
at
his
instance
permanently
protected
- generally
extends
to
the
atty,
his
7.
from
disclosure
by
himself
or
by
the
atty
client
as
well
as
to
the
attys
8.
except
if
the
protection
is
waived
secretary,
stenographer,
or
clerk.
- interpreter
or
messenger
- the
person
from
whom
legal
advice
is
transmitting
the
communication
sought
must
be
an
atty.
- experts
such
as
accountant,
physician
- applies
if
person
poses
as
a
lawyer
etc
hired
either
by
client
or
atty
for
for
some
ulterior
purpose
and
client
consultation
confides
in
him
- for
protection
of
client
- communication
of
client
for
purpose
- may
be
asserted
by
clients
assignee,
other
than
on
account
of
the
atty- heir
or
legal
representative
client
relation
is
NOT
privileged
- communication
must
be
for
a
lawful
APPLICATION
OF
RULE
purpose
or
lawful
end
- lawyer
may
be
compelled
to
disclose
- client
who
asserts
the
existence
of
unprivileged
communication
but
he
atty-client
relation
has
burden
of
cannot
volunteer
such
information
proving
such
fact
for
his
own
benefit
to
the
prejudice
of
his
client
CONFIDENTIALITY
The
rule
covers
not
only
cases
in
It
is
improper
for
a
lawyer
to
appear
which
confidential
communications
as
counsel
for
one
party
against
the
have
been
confided
but
also
those
in
adverse
party
who
is
his
client
in
a
which
no
confidence
has
been
related
suit,
as
a
lawyer
is
prohibited
bestowed
or
will
be
used.
from
representing
conflicting
Test
of
inconsistency
of
interest
:
interest.
Whether
the
acceptance
of
a
new
Even
though
the
opposing
clients,
client
will
prevent
an
attorney
from
after
full
disclosure
of
facts,
consent
the
full
discharge
of
his
duty
of
to
the
lawyers
dual
representation,
undivided
fidelity
and
loyalty
to
his
the
lawyer
when
his
clients
cannot
client
or
invite
suspicion
of
see
their
way
clear
to
settling
their
unfaithfulness
and
whether
the
controversy
amicably,
retire
from
the
acceptance
of
the
new
relation
will
case.
require
the
attorney
to
do
anything
which
will
injuriously
affect
his
first
Opposing
clients
in
unrelated
suits
client
in
any
matter
in
which
he
A
lawyer
cannot
appear
as
counsel
represents.
for
one
party
against
the
adverse
Reason
for
the
prohibition:
Relationship
of
a
party
who
is
his
client
in
another
lawyer
and
a
client
is
one
of
trust
and
totally
unrelated
action.
confidence
of
the
highest
degree.
The
lawyer
in
that
situation
will
not
be
able
to
pursue
with
vigor
and
zeal
Effect
of
termination
of
relation
the
client
claims
against
the
other
to
The
termination
of
the
relation
properly
represent
the
latter
in
the
provides
no
justification
for
a
lawyer
unrelated
action;
or
if
he
can
do
so
it
to
represent
an
interest
adverse
to
or
would
invite
suspicion.
in
conflict
with
the
former
client.
Reason:
Clients
confidence
once
reposed
New
client
against
former
client
cannot
be
divested
by
the
expiration
of
the
A
lawyer
is
forbidden
from
professional
employment.
representing
a
subsequent
client
against
a
former
client
only
when
the
Materiality
of
confidential
information
subject
matter
of
the
preset
case
is
The
bare
attorney-client
relationship
related,
directly
or
indirectly,
to
the
with
a
client
precludes
a
lawyer
from
subject
matter
of
the
previous
accepting
professional
employment
litigation
in
which
he
appeared
for
from
the
clients
adversary
in
the
the
former
client.
same
case
or
difference
case
but
related
action.
Conflicting
duties
A
lawyer
may
not
undertake
to
Foundation
of,
&
reason
for,
the
rule
discharge
conflicting
duties
any
more
The
stern
rule
against
representation
than
may
he
represent
antagonistic
of
conflicting
interests
is
founded
on
interests.
principles
of
Public
Policy
&
Good
Taste.
Attorneys
interest
versus
clients
interest
A
lawyer
should
not
put
himself
in
a
position
where
self-interest
tempts
Opposing
clients
in
same
or
related
suits
him
to
do
less
than
his
best
for
his
client.
Trial
&
Appellate
court,
motu
proprio
Generally,
a
client
may
waive,
and
on
valid
grounds,
may
also
surrender,
dismiss
or
compromise
require
him
to
show
authority.
any
of
his
rights
involved
in
the
litigation
in
favor
of
the
other
party
Effects
of
unauthorized
appearance
even
without
or
against
the
consent
A
party
who
has
not
authorized
the
of
his
attorney
lawyer
to
represent
him
is
not
bound
An
attorney
can
bind
his
client
as
to
by
the
lawyers
appearance
in
the
such
substantial
matters
only
with
his
case
nor
the
judgment
rendered
clients
express
or
implied
consent.
therein.
Reason:
Designed
to
safeguard
the
clients
If
the
unauthorized
appearance
is
interest
against
malicious
actions
of
his
willful
the
lawyer
may
be
cited
for
lawyer.
contempt
and
be
disciplined
for
professional
conduct.
Determination
of
Procedural
Questions
A
lawyer
who
has
been
retained
to
Ratification
of
aunathorized
Appearance
prosecute
or
defend
an
action
has
an
Unauthorized
appearance
of
an
implied
authority
to
determine
what
attorney
may
be
ratified
by
party
procedural
steps
to
take
which,
in
his
expressly
or
impliedly.
judgment
will
best
serve
the
interest
Ratification
retroacts
to
the
date
of
of
his
client,
the
attorneys
first
appearance
and
Such
as
what
pleadings
hould
be
validates
his
actions.
filed,
where
&
when
to
file
it
and
Express
ratification
what
defenses
to
raise.
Categorical
assertion
by
the
client
that
he
has
authorized
the
Making
admissions
attorney
of
that
he
is
confirming
The
authority
of
the
lawyer
to
the
authority
to
represent
him.
manage
the
clients
cause
includes
Implied
ratification
requires
the
the
power
to
make
admission
of
facts
concurrence
of
the
requirements:
for
the
purpose
of
litigation.
1. That
the
party
represented
by
No
need
of
special
authority
from
lawyer
is
of
age
or
competent,
client.
otherwise,
he
must
have
a
duly
It
may
be
express
or
implied.
appointed
guardian
or
legal
Admissions
made
by
counsel
are
representative.
imputed
to
and
conclusive
against
2. That
the
party
or
guardian
is
the
client
except
if
there
is
a
aware
of
the
representation
by
showing
of
palpable
mistake.
the
lawyer.
GR:
Authority
to
make
admissions
is
3. The
he
fails
to
promptly
limited
to
the
action
which
he
is
repudiate
the
assumed
authority.
retained;
Admissions
made
by
him
on
The
absence
of
any
of
the
requisites
behalf
of
a
client
in
one
case
are
not
renders
the
ratification
inoperative.
binding
upon
the
same
client
in
another
suit.
C. CONDUCT
OF
LITIGATION
Exception:
If
lawyer
has
been
expressly
authorized
to
make
such
admission
or
if
the
2
Generally
cases
are
related.
Admission
which
operated
as
a
waiver
or
surrender
of
the
clients
cause
is
beyond
the
scope
of
the
Lawyer
is
not
authorized
to
enter
into
lawyers
authority.
compromise
without
special
authority
from
his
client.
Entering
into
stipulations
The
approval
by
the
court
of
the
A
lawyer
has
an
implied
authority
to
compromise
is
not
essential
to
the
agree
or
stipulate
upon
the
facts
validity
except
if
it
is
a
class
suit
or
involved
in
the
litigation
even
executed
on
behalf
of
a
minor
or
without
prior
knowledge
or
consent
incompetent
or
an
absentee.
of
his
client.
GR:
Such
Stipulations
are
binding
to
Effect
of
Want
of
Special
Authority
the
client.
A
compromise
by
the
lawyer
without
Exceptions:
special
authority
by
the
client
does
1. If
he
is
allowed
to
withdraw
not
bind
the
latter.
therefrom
with
the
consent
of
It
amounts
to
a
fraud
against
the
the
adverse
party.
client.
2. When
the
court,
upon
showing
of
A
compromise
entered
into
without
palpable
mistake,
permits
him
to
such
authority
is
an
unenforceable
withdraw
contract.
3. When
what
the
lawyer
agreed
is
Judgment
based
on
such
compromise
that
a
witness,
if
presented
in
may
be
set
aside
or
reopened.
court,
would
testify
as
stated
by
the
adverse
party.
Ratification
of
unauthorized
compromise
Client
may
ratify
the
unauthorized
Agreement
as
to
what
witness
would
testify
compromise,
expressly
or
impliedy.
Agreement
as
to
the
truth
of
what
a
Implied
ratification
may
take
many
witness
,
if
presented,
would
testify
.
forms
such
as
silence
or
acquiescence
Generally
binding
to
the
client
by
acts
showing
approval.
Agreement
as
to
what
a
witness
would
testify
as
that
stated
by
the
Confession
of
Judgment
adverse
party
.
A
confession
of
judgment
stands
on
Not
binding.
the
same
footing
as
a
compromise.
It
deprives
the
court
of
the
Hence,
a
lawyer
may
not
confess
benefit
of
reflection
as
to
the
judgment
against
his
client
except
intelligence
and
veracity
of
the
with
the
knowledge
and
at
the
witness
which
can
only
arise
instance
of
the
client.
through
the
process
of
examination
in
court.
Dismissal
of
action
or
withdrawal
of
appeal
A
lawyer
has
no
authority
to
dismiss
Compromise
of
cause
of
action
his
clients
case
with
prejudice
or
an
Compromise
adjudication
upon
the
merits
which
o Contract
whereby
the
constitutes
res
judicata,
even
if
he
parties,
by
making
reciprocal
does
not
believe
that
his
client
is
concessions,
avoid
litigation
entitled
to
prevail
in
the
action.
or
put
an
end
to
one
already
He
has
however
an
implied
power
to
commenced.
dismiss
the
clients
case
without
prejudice,
that
step
not
being
a
legal
obstacle
to
refilling,
whenever
he
is
1.
Personal
Service
Notice
to
one
as
notice
to
other
counsels;
Completed
upon
actual
delivery
Exceptions
2. Ordinary
Mail
If
a
party
appears
by
2
or
more
Completed
upon
expiration
of
10
counsel
of
record,
notice
to
one
of
days
after
mailing,
unless
court
the,
is
notice
to
others
as
well
as
to
otherwise
provides.
the
client,
even
though
the
one
upon
3. Registered
Mail
whom
the
service
is
made
in
only
a
Completed
upon
actual
receipt
deputy
of
the
other.
by
the
addressee
or
after
5
days
The
Solicitor
General
(SG)
is
the
from
the
date
he
received
the
lawyer
of
the
Republic
and
its
officials
first
notice
of
postmaster
sued
in
their
official
capacities.
whichever
is
earlier.
When
the
SG
has
deputized
government
lawyer,
he
remains
the
Personal
service
preferred;
explanation
principal
counsel
and
service
of
required
notice
on
him
of
legal
processes
and
Sec.11,
Rul2
13
or
ROC
Whenever
not
on
the
deputized
lawyers
is
practicable,
the
service
and
filing
of
decisive.
pleadings
and
other
papers
shall
be
Notice
to
such
deputized
lawyers
is
done
personally.
Except
with
respect
not
binding
to
papers
emanating
from
the
court,
However,
if
an
agency
of
the
a
resort
to
other
modes
must
be
government
appears
by
its
own
accompanied
by
a
written
internal
counsel,
not
as
a
deputized
explanation
why
the
service
or
filing
lawyer
by
the
SG,
notice
to
such
was
not
done
personally.
A
violation
counsel
is
deemed
notice
to
SG.
of
this
may
be
cause
to
consider
the
EXCEPTIONS
to
the
rules:
paper
as
not
filed.
1. Either
by
agreement
or
proper
manifestation
one
of
the
lawyers
Mistake
or
negligence
of
counsel
binding
is
expressly
designated
as
one
to
upon
client
whom
service
is
to
be
made.
GR:
Client
is
bound
by
his
counsels
2. Instances
when
it
is
admittedly
conduct,
negligence
and
mistake
in
clear
that
one
is
the
leading
handling
the
case.
counsel
and
the
rest
are
mere
The
mistake
of
counsel
in
the
helpers,
as
when
the
adverse
conduct
of
the
proceedings
as
a
party
and
the
court
consider
one
result
of
his
ignorance,
inexperience
of
the
lawyers
as
the
principal
or
incompetence
does
not
constitute
counsel.
a
ground
for
a
new
trial.
Instances
where
mistakes
are
binding
Exceptions
to
rule
that
notice
to
counsel
is
to
client:
notice
to
client
o Failure
to
file
responsive
1. Strict
application
might
foster
pleading
within
reglementary
dangerous
collusion
to
the
detriment
period
of
justice.
o Failure
to
appear
at
the
2. If
service
upon
the
party
himself
is
scheduled
hearing
due
to
ordered
by
the
court.
another
engagement
without
asking
for
postponement
Mode
of
Service
of
Notice
for
attorneys
fees
even
though
it
has
employees
be
paid
just
fees
by
all
redounded
to
his
benefit.
those
who
received
benefits.
The
objection
to
the
lawyers
Attorneys
fees
in
labor
cases
may
appearance
should
be
raised
before
not
be
more
than
what
the
law
and
not
after
beneficial
services
shall
provides
and
they
may
not
be
have
been
rendered
by
the
lawyer,
checked
off
from
any
amount
due
the
otherwise
such
party
who
benefited
employees
without
their
written
from
the
representation
may
be
consent.
required
to
pay
counsel
fees.
The
liability
is
based
on
equity.
Liability
in
derivative
suits
If
the
legal
representation
redounded
Where
in
derivative
suit,
the
services
to
the
benefit
of
the
party
concerned,
of
counsel
who
instituted
the
action
the
retention
/acceptance
of
the
upon
the
request
of
stockholder
are
benefit
cure
the
defect
of
lack
of
beneficial
to
the
corporation,
the
authority
on
the
part
of
the
agent
to
counsel
fees
may
be
properly
retain
the
lawyer.
charged
against
corporate
funds.
Exception:
Employment
of
private
lawyer
to
Any
stockholder
may
intervene
and
represent
the
government
entity
by
an
oppose
the
grant
of
such
fees
as
official
who
has
no
authority
in
law
to
do
so,
charge
against
funds
of
the
since
the
benefits
secured
by
the
legal
corporation.
representation
cannot
take
the
place
of
the
law
and
will
not
create
an
obligation
on
the
Liability
in
receivership
proceedings
part
of
the
government
entity
to
pay
fees.
The
assets
under
receivership
may
be
liable
for
the
fees
of
a
lawyer
employed
by
a
receiver
to
help
him
in
Liability
of
Assignee
the
discharge
of
his
duties.
Since
an
assignee
of
all
interests
pent
However,
attorneys
fees
of
the
elite
usually
steps
into
shoes
of
the
counsel
for
a
defendant
in
a
assignor
and
acquires
all
of
the
receivership
proceeding
are
personal
latters
rights
and
obligations
in
the
obligations
of
the
defendant
and
may
action,
the
assignee
may
be
held
not
be
paid
out
of
the
assets
in
the
liable
for
attys
fees
from
out
of
the
hands
of
receiver,
unless
it
proceeds
of
favorable
judgment.
redounded
to
the
benefit
of
the
receivership
or
of
the
plaintiff
who
Liability
in
Labor
Cases
asked
for
the
appointment
of
A
lawyer
who
represents
a
union
and
receiver.
its
members
and
with
whom
he
has
a
retainer
for
payment
for
a
fixed
Liability
in
trusteeship
or
guardianship
percentage
amounts
recovered
from
proceeding
the
company
is
entitled
to
be
paid
his
Trustee
may
be
indemnified
out
of
fees
not
only
by
the
union
members
the
trust
estate
for
his
expenses
in
but
also
by
the
non-union
members
rendering
and
proving
his
accounts
as
well
those
who
derive
benefits
and
for
the
counsel
fees
in
from
his
services.
connection
therewith.
It
is
just
and
fair
that
the
lawyer
who
The
court
may
determine
whether
or
represented
the
struggling
members
not
a
trustee
may
be
allowed
of
the
union
to
secure
benefits
for
all
expenses
for
attorneys
fees
and
permitted
to
charge
the
same
against
are
special
partners
for
special
the
trust
estate.
purpose/
The
property
of
the
ward
may
Partners
in
law
firm
share
in
the
lawfully
answer
for
the
lawyers
fees
profits
according
with
their
of
the
lawyer
employed
by
the
partnership
agreement
even
though
guardian,
provided
there
is
prior
only
one
of
them
actually
rendered
approval
of
the
guardianship
court.
the
service.
Lawyer
shall
in
cases
of
referral,
with
Liability
in
estate
proceedings
the
consent
of
the
client,
or
those
Fees
of
lawyer
appointed
by
executor
lawyers
who
rendered
services
at
one
or
administrator
to
assist
him
in
the
time
or
another
in
the
action,
be
execution
of
his
trust
are
not
entitled
to
a
division
of
fees
in
chargeable
against
estate
of
the
proportion
to
the
work
actually
deceased
since
the
services
are
performed
and
responsibility
rendered
to
the
executor.
assumed.
Liability
for
payment
rests
on
the
executor
or
administrator
who
may,
Non-Lawyer
not
entitled
to
lawyers
fees
if
the
services
are
beneficial
to
the
The
statutory
rule
that
an
attorney
estate,
either
seek
reimbursement
shall
be
entitle
to
have
and
recover
from
the
estate
if
he
has
already
paid
from
his
client
reasonable
them
or
include
them
in
his
account
compensation
requires
an
attorney-
with
due
notice
to
all
parties
client
relationship
as
a
condition
for
interested.
the
recovery
of
attorneys
fees.
Ultimately,
the
estate
will
answer
for
A
non-lawyer
cannot
therefore
the
fees
of
the
lawyer
whose
services
recover
attorneys
fees
even
if
there
are
beneficial
to
the
estate.
is
a
law
authorizing
him
to
represent
If
the
assets
have
been
distributed,
a
litigant
in
court.
the
distributees
or
heirs
will
have
to
contribute
their
share
for
the
Restrictions
on
some
lawyers
to
charge
fees
payment
of
the
fees
as
the
obligation
A
lawyer
who
is
absolutely
of
the
estate
follows
the
assets,
disqualified
from
engaging
in
the
except
in
the
hands
of
purchaser
in
private
practice
of
law
by
reason
of
good
faith.
his
government
position
may
neither
practice
law
nor
should
he
do
so
Who
are
entitled
to
or
the
share
in
illegally,
charge
attorneys
fees
for
attorneys
fees
such
services.
The
lawyer
who
has
been
engaged
by
The
prohibition
does
not
apply
to
the
a
client
is
the
one
entitled
to
recover
collection
of
fees
for
services
the
fees.
rendered
before
the
lawyer
qualified
However,
if
more
than
one
lawyer
for
the
public
office
even
though
have
been
employed
by
a
client,
the
payment
thereof
is
made
thereafter.
question
of
fess
may
arise.
A
lawyer,
as
a
government
official
GR:
Lawyers
who
jointly
represent
a
charge
with
the
duty
of
extending
common
client
for
a
given
fee,
in
the
legal
services
to
indigent
litigants
absence
of
an
agreement
as
to
may
not
collect
attorneys
fees.
division
of
fees,
share
equally
as
they
An
executor
or
administrator
is
prohibited
from
charging
the
estate
While
a
client
has
the
right
to
The
discharge
of
a
lawyer
for
valid
discharge
his
lawyer
at
any
time,
cause
does
not
deprive
the
lawyer
of
dismiss
or
settles
his
action
he
cannot
his
right
to
just
fees.
by
taking
such
step
deprive
the
He
may
only
be
deprived
of
such
lawyer
of
what
is
justly
due
to
him
right
IF
the
cause
for
his
dismissal
unless
the
lawyer
by
his
actions,
constitutes
in
itself
an
obstacle
for
waives
or
forfeits
his
right.
recovery.
Attorneys
discharge
by
client
Clients
dismissal
of
action
The
discharge
of
a
lawyer
by
his
Client
may
dismiss
his
cause
or
action
client
without
a
valid
cause
before
with
or
without
his
lawyers
counsel.
the
conclusion
of
the
litigation
does
But
this
should
not
deprive
the
not
negate
the
lawyers
right
to
just
lawyer
of
his
right
to
attorneys
fees
fees.
in
the
absence
of
waiver
by
the
However,
the
discharge
may
or
may
lawyer.
not
affect
the
amount
of
fees
If
dismissal
of
action
was
made
in
depending
upon
the
existence
or
good
faith,
the
lawyer
is
entitled
to
absence
of
a
valid
written
contract
such
reasonable
fees
for
the
services
for
professional
service
and
nature
of
rendered.
that
contract.
If
the
dismissal
was
made
with
the
1. No
express
written
agreement
as
intention
to
defraud
the
lawyer
with
to
fees
respect
to
his
fees,
he
shall
be
- Lawyer
may
only
be
entitled
entitled
to
the
full
amount
agreed
or
to
recover
the
reasonable
in
absence
of
agreement,
a
value
of
his
services
up
to
the
reasonable
value
of
his
services
date
of
his
dismissal.
based
on
QR.
-
this
rule
applies
if
there
is
an
express
A
lawyers
consent
to
the
dismissal
understanding
of
payment
of
fees
but
it
is
not
does
not
negate
his
right
unless
reduced
to
writing
except
if
the
dismissal
was
under
the
circumstances
it
made
after
the
termination
of
the
case,
in
constitutes
as
a
waiver.
which
case
the
lawyer
is
entitled
to
full
amount
agreed.
Clients
compromise
of
action
2.
If
there
is
a
written
agreement
and
fee
A
lawyers
right
to
just
compensation
stipulated
is
reasonable
and
absolute
does
not
give
him
a
superior
right
as
-
a
lawyer
discharged
without
valid
cause
to
preclude
the
client
from
settling
shall
be
entitled
to
the
full
amount
agreed.
his
case.
-
If
the
fee
stipulated
is
contingent,
and
Compromise
does
not
also
deprive
dismissal
was
made
before
termination
of
the
lawyer
of
such
right.
case,
he
shall
be
entitled
to
fees
for
services
**
Same
rule
sa
dismissal
of
action
with
thus
rendered.
BUT
if
the
contingency
occurs
respect
of
the
intention
of
the
client.
or
the
client
prevents
its
occurrence
by
dismissing
or
settling
his
cause,
lawyer
is
B. CONTRACT
FOR
ATTORNEYs
FEES
entitled
to
the
full
amount
agreed.
-
The
lawyer
should
question
his
discharge
to
Generally
entitle
him
to
the
amount
agreed
upon
A
contract
of
professional
services
otherwise
the
quantum
meruit
applies
as
the
may
either
be
Oral
or
Written.
basis
of
payment.
5. The
services
for
which
the
lawyer
The
court
having
jurisdiction
to
try
seeks
payment
refers
to
matters
the
main
action
in
which
the
lawyer
not
related
to
the
main
action.
rendered
services
has
also
6. Court
rendered
judgment
in
the
jurisdiction
to
pass
upon
the
question
main
action
without
ordering
of
fees
even
though
the
total
sum
payment
of
attorneys
fees
and
thereof
is
less
than
the
jurisdictional
such
become
final.
amount
cognizable
by
the
court.
Remedies
in
Estate
Proceedings
Necessity
of
Hearing
The
procedure
for
collection
of
fees
A
petition
for
recovery
of
attorneys
in
an
estate
proceeding
is
for
the
fees
has
to
be
prosecuted
and
the
lawyer
to
ask
the
administrator
or
allegations
therein
established
as
any
executor
to
pay
him
his
fees.
other
money
claim.
If
the
administrator
or
executor
The
persons
entitle
to
or
must
pay
refuses
or
fails
to
do
so,
lawyer
has
the
fees
have
the
right
to
be
heard
two
remedies:
upon
the
question
of
the
propriety
of
1. File
an
independent
civil
action
the
amount.
against
administrator
or
executor
Burden
of
proof
is
upon
the
lawyer
to
in
his
personal
capacity
&
should
establish
his
allegations.
judgment
be
secured
and
latter
pays,
the
latter
may
include
the
Defenses
amount
in
his
account
file
with
Action
for
recovery
of
attorneys
fees
the
probate
court.
is
subject
to
usual
defenses
in
2. File
a
petition
with
the
probate
ordinary
action
such
as
res
judicata,
court
praying,
after
due
notice
to
prescription,
nullity
of
contract
or
all
persons
interested,
allow
his
lack
of
attorney-client
relationship.
claim
&
direct
the
administrator/executor
to
pay
his
Execution
fees
as
expenses
of
The
final
award
of
attorneys
fees
administration.
may
be
enforced
by
execution.
If
administrator/executor
dies
before
It
may
be
enforced
against
any
payment
of
fees,
he
may
file
a
claim
property
of
the
client
including
the
against
the
estate
of
the
deceased
proceeds
of
the
judgment
secured
for
administrator/executor
or
a
petition
the
client
in
main
action/
for
allowance
of
fees
with
probate
court.
E. ATTORNEYS
FEES
AS
DAMAGES
A
lawyer
may
enforce
his
right
with
the
probate
court
at
any
time
before
Two
concepts
of
attorneys
fees
compared
the
estate
proceeding
is
definitely
Attorneys
fees
as
Attorneys
fees
as
closed.
Damages
compensation
Afterwards,
his
remedy
is
to
pursue
Awarded
by
the
Amount
to
be
paid
an
independent
action
against
the
court
to
the
by
the
client
to
the
administrator
in
his
personal
capacity
successful
party
as
lawyer
for
the
or
the
distributees
of
the
assets
of
an
indemnity
for
services
rendered
by
the
estate.
damages
sustained
the
latter.
by
him
prosecuting
Court
Jurisdiction
or
defending,
Property
to
which
Lien
Attaches
However,
the
court
may
require
the
Retaining
Lien
attaches
to
all
surrender
thereof
upon
the
clients
property,
papers,
books,
documents
posting
of
an
adequate
bond
or
or
securities
of
the
client
that
may
security
to
guarantee
the
payment
of
have
lawfully
come
to
the
lawyer
fees.
professionally
or
in
the
course
of
his
professional
employment,
not
Extinguishment
of
Retaining
Lien
necessarily
in
connection
with
a
The
lien
is
dependent
upon
particular
case
handled
for
the
client.
possession
and
does
not
attach
to
It
also
attaches
to
money
which
anything
not
in
possession
of
lawyer.
comes
into
his
possession
by
way
of
It
expires
when
the
possession
writ
of
execution
ordered
by
the
lawfully
ends,
as
when
the
lawyer
court.
voluntarily
parts
with
the
funds
etc
of
It
does
not
include
funds
or
the
client
OR
offers
them
in
evidence
properties
which
come
into
in
court.
possession
of
the
lawyer
in
another
If
the
properties
were
illegally
taken
capacity
other
than
his
professional
from
the
custody
of
the
lawyer
the
capacity,
such
as
an
agent
or
trustee.
lien
is
not
lost
UNLESS
by
his
act
or
The
lien
does
not
extend
to
omission
he
waives
his
right
thereto.
properties
of
the
clients
principal,
or
Mandamus
will
lie
to
restore
those
adjudge
by
the
court
in
favor
of
possession
of
the
documents
the
clients
adversary.
unlawfully
taken
from
him
Reason:
Lien
may
only
be
enforced
against
the
properties
belonging
to
the
client
and
not
Satisfaction
of
Lien
to
those
of
his
adversary
or
belonging
to
third
Unless
the
client
voluntarily
pays
him
persons.
his
fees
the
lawyer
still
has
to
file
the
It
also
does
not
attach
to
documents
necessary
action
to
recover
what
is
introduced
as
exhibits
in
court,
they
due
to
him
from
his
client.
being
subject
to
courts
control.
The
lawyer
need
not
file
an
action
in
court
to
enforce
his
retaining
lien
and
When
Lien
Attaches
recover
his
fees
if
the
client
does
not
The
retaining
lien
attached
from
the
dispute
his
claim
for
attorneys
fees.
moment
the
attorney
lawfully
In
such
case,
lawyer
may
apply
the
obtains
and
retains
possession
of
the
clients
funds
in
satisfaction
of
his
properties
of
client.
claim
and
send
an
accounting
to
his
The
fact
that
the
client
transfers
the
client
and
remit
the
balance,
if
any,
property
evidenced
by
a
document
or
to
the
client.
title
in
the
lawful
possession
of
the
But
if
the
client
questions
his
claim
or
attorney
does
not
defeat
the
lien.
the
amount
of
fees,
the
lawyer
cannot
apply
the
funds.
His
remedy
is
Bond
for
return
of
Documents
to
file
the
necessary
action.
The
retaining
line,
once
it
has
lawfully
attached
to
funds
etc.
of
the
client,
is
C. CHARGING
LIEN
uncontestable,
and
the
court
may
not
compel
him
to
surrender
them
Nature
and
essence
of
Charging
Lien
without
prior
proof
that
his
fees
are
Abstract
and
potential
right
until
it
is
already
paid.
made
active
and
operative
by:
evidence
and
the
pleadings
filed
- Sanctions
which
may
imposed
for
by
the
parties.
serious
charge:
- The
report
shall
be
confidential
o Dismissal
from
servic,
and
for
exclusive
use
of
the
Court
forfeiture
of
all
or
part
of
the
benefits
as
may
be
Quantum
of
evidence
required
determined
by
the
Court
- The
quantum
of
evidence
may
and
disqualification
from
depend
on
the
nature
of
the
reinstatement
or
charge
in
light
of
the
appointment
to
any
classifications
of
the
charges
public
office,
including
(serious,
less
serious,
and
light)
GOCCs.
Provided,
- If
the
administrative
offense
however,
that
the
involves
a
violation
of
a
criminal
forfeiture
of
benefits
law,
which
if
proved
will
require
shall
in
no
case
include
dismissal
of
a
judge
from
service,
accrued
leave
benefits
the
quantum
of
evidence
o Suspension
from
office
required
to
hold
him
liable
is
without
salary
and
other
proof
beyond
reasonable
doubt.
benefits
for
more
than
3
- Where
the
charge
is
less
serious
but
not
exceeding
6
or
acts
that
does
not
require
months
dismissal
from
service,
o A
fine
of
more
than
P20K
preponderance
of
evidence
is
but
not
exceeding
P40K.
necessary.
- Less
serious
charge:
- Where
the
charge
is
light,
mere
o Suspension
from
office
substantial
evidence
may
be
without
salary
and
other
required.
benefits
for
not
less
that
1
nor
more
than
3
Res
ipsa
loquitur
months
- The
Court
may
impose
its
o A
fine
of
more
than
P10K
authority
upon
erring
judges
but
not
exceeding
P20K
whose
actuations,
on
their
face,
- Light
charges:
would
show
gross
incompetence,
o A
fine
of
not
less
that
P1K
gross
ignorance
of
the
law,
or
but
not
exceeding
P10K
grave
misconduct.
and/or
- The
res
ipsa
loquitur
doctrine
o Censure
does
not
dispense
with
the
o Reprimand
necessity
of
proving
the
facts
o Admonition
with
a
from
which
the
inference
of
evil
warning
intent
is
based.
- While
double
jeopardy
dies
not
lie
in
administrative
cases,
it
would
Decision;
sanction
be
contrary
to
equity
and
- The
Court
shall
take
such
action
substantial
justice
to
penalize
a
on
the
report
as
the
facts
and
the
judge
a
second
time
for
an
act,
law
may
warrant,
which
may
be
the
penalty
of
which
had
already
dismissing
the
complaint
or
been
served
by
him.
holding
the
judge
liable
and
-
imposing
the
corresponding
penalty
against
him.
Confidentiality
of
proceedings