Professional Documents
Culture Documents
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY
OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED
BAR.
Apart from doing the bar proud by dispensing of their duties with diligence and integrity, lawyers should
also actively support activities of the IBP and should not limit himself to the payment of dues
#pushthelimit #hardsell
The IBP seeks to foster justice, integrity, learning, competence, public service, cordiality etc.
Rule 7.01 A person shall make no false statement in his application for admission to the bar
A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
Every student applying for admission into the practice of law must be:
1. A citizen of the Philippines
2. A resident of the Philippines
3. At least 21 years of age
4. A person of good moral character
5. Free of charges involving moral turpitude
6. Possess the educational qualifications
7. Pass the bar examinations
8. In fulfilment of other requirements which the SC may deem fit to impose
CITIZENSHIP AND RESIDENCE (because aliens cant maintain allegiance to Philippines and to our
administration of justice)
Continued standard even after the bar because, is a ground not just for non-admission to the bar, but
also for cancellation of license
Requirement maintains high moral standard and dignity of the legal profession
Moral character refers to the objective reality of what a person actually is, as opposed to what people
perceive him to be
o Basic honesty o Deference to moral norms
o Loss of good moral character does not necessarily hinge
upon committing a crime
EDUCATIONAL QUALIFICATIONS
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Public policy requires education and degree of proficiency for proper practice of law and for proper
protection of life, liberty, and property
Applicant must have completed the following in an authorized university or school:
1. 4-year high school course
2. Bachelors degree for arts or science (focus on political science, logic, English, Spanish, history,
economics)
3. Bachelors degree in law (with civil, commercial, remedial, criminal, public intl, private intl, political,
labor, social legislation, medical, taxation law and legal ethics)
Rule 7.02 - A lawyer shall not support unqualified applicant to the bar
A lawyer shall not support the application for admission to the bar of any person known by him to be
unqualified in respect to character, education, or other relevant attribute.
Must not execute a certificate of good moral character in favour of an applicant whom he knows has not
lived up to such standard
Volunteer information and cooperate in investigations concerning anomalies among bar candidates
Rule 7.03 A lawyer shall always conduct himself ethically and morally
A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
Personal immorality in private relations with the opposite sex (#heteronormative) puts his moral
character in doubt
For an act to justify suspension and disbarment, act must be
GROSSLY immoral
Seduction, concubinage, bigamy = ALL BAD
But mere sex without any impediments to marriage, and having a child out of wedlock is not grossly
immoral and does not warrant discipline UNLESS lawyer disowns child or refuses to support him or her
CONVICTION OF CRIME INVOLVING MORAL TURPITUDE
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Essentially any crime with fraud or deceit inherently contrary to conduct, honesty, or morality involve
moral turpitude
Results in suspension or disbarment
In general.
Membership in the bar imposes upon lawyers certain obligations to one another, which makes the practice of
law a profession:
1) Observance of honorable, candid, and courteous dealings with other lawyers;
2) Fidelity to known and recognized customs and practices of the bar.
A lawyer who thinks a case is weak may not criticize the lawyer who accepts it, much less attribute to him
evil motive for taking up the clients cause.
A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
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His arguments, written or oral, should be gracious to both the court and the opposing counsel, and be of
such words used to properly address one gentleman to another.
Do as adversaries do in law: strive mightily but eat and drink as friends. Whatever may be the ill-feelings between the
clients should not influence counsel in their conduct and demeanor toward each other, and that lawyers
should scrupulously avoid all personalities and personal history or personal peculiarities and idiosyncrasies of
the other.
The fact that one lawyer conducts himself improperly does not relieve another from professional obligation
in relation with him, which should enable the erring lawyer to realize the impropriety of his actions.
Unjustified recriminations and offensive personalities between lawyers detract from the dignity of the legal
profession and constitute highly unprofessional conduct subject to disciplinary action.
The highest reward that can come to a lawyer is the esteem of his professional brethren.
Rule 8.02 - A lawyer shall not encroach upon the business of another
A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
Efforts, direct or indirect, in any way to encroach upon the professional employment of another lawyer, are
unworthy of a lawyer.
A lawyer should not steal another lawyers client nor induce the client to retain him by promise of better
service, good result or reduced fees for his services. Neither should he disparage another, make comparisons
or publicize his talent as a means to further his law practice.
It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against
unfaithful or neglectful counsel. A lawyer may accept employment to handle a matter previously handled by
another lawyer, provided that the other lawyer has been given notice of termination of service.
The notice will enable the lawyer to be changed (first lawyer) to assert and protect his rights to compensation
that he can claim or possess. Without such notice, the replacing (second) lawyer shall only appear once he has
obtained conformity or has, at the very least, given sufficient notice of contemplated substitution to the first
lawyer.
A lawyers appearance in the case without notice to the first lawyer amounts to an improper encroachment
upon the professional employment of the original counsel.
case even if the adverse party was willing to do so. Neither should a lawyer sanction the attempt of his
client to settle a litigated matter with the adverse party without the consent nor knowledge of the latters
counsel.
When there is conflict of opinions between two lawyers jointly associated in a case, the client should decide.
The clients decision should be accepted unless the nature of the difference makes it impracticable for the
lawyer whose judgment has been overruled to cooperate effectively. In this event, it is the lawyers duty to ask
client to relieve him/her.
In general. Canon 9 requires that a lawyer should know what practice of law is, who are entitled to practice,
and what constitutes unauthorized practice.
Practice of law, generally.
The term practice of law is incapable of exact definition, and whether a particular activity comes within
the meaning of the term depends upon the circumstances of the case. The court, however, has laid down
general principles and doctrines to explain the meaning and scope of the term.
Generally, to engage in the practice of law is to do any acts characteristic of the legal profession. It
includes any activity, in or out of court that requires the application of law, legal principle, practice or
procedure, and calls for legal knowledge, training and experience. It is not limited to the conduct of cases
in court, but includes legal advising and counseling, and preparation of legal instruments and contracts by
which legal rights are secured.
In the practice of the legal profession, a lawyer engages in three principal types of professional work:
1) Providing legal advise and instruction to clients to inform them of their rights and obligations;
2) Preparing for clients documents requiring knowledge of legal principles not possessed by laymen;
3) Appearing for clients before public tribunals that posses power and authority to determine the
rights of life, liberty and property according to law, in order to assist in the proper interpretation
and enforcement of law.
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Engaging in the practice of law presupposes the existence of an attorney-client relationship; where a
lawyer undertakes an activity requiring knowledge of law but involves no attorney-client relationship, such
as teaching law or writing books/legal articles, he cannot be said to be engaged in the practice of
profession as a lawyer.
The service to prepare and prosecute a just claim before a quasijudicial or administrative agency is as
legitimate as the service rendered in court in arguing a cause. The character of the service, and not the
place where it is performed, is the decisive factor in the question of whether the service constitutes a
practice of law.
In Cayetano vs. Monsod, particularly J. Padillas dissent sums up the criteria determinative of engaging in the
practice of law:
1) Habituality more than an isolated appearance
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Any person who has been duly licensed as a member of the bar in accordance with the statutory
requirements, and who is in good and regular standing is entitled to practice law.
Two basic requirements that must be complied with before a person can engage in the practice of law:
1) Must have been admitted to the bar, which involves various phases consisting of:
a. Furnishing satisfactory proof of educational, moral,
and other qualifications;
b. Passing the bar examinations;
c. Taking the lawyers oath before the Supreme Court;
d. Signing the roll of attorneys and receiving from the Supreme Court clerk of court a
certificate of the license to practice.
2) After admission to the bar, must remain in good and regular standing a continuing requirement,
which means that a lawyer must:
a. Remain a member of the Integrated Bar of the
Philippines (IBP);
b. Regularly pay all IBP membership dues and other lawful assessments, as well as the annual
privilege tax;
c. Faithfully observe the rules and ethics of the legal profession;
d. Be continually subject to judicial disciplinary control.
These rules were designed to admit only those who are adequately prepared mentally and morally to
discharge the duties of an attorney, and to exclude to perform those who cannot live up to its exacting
standards.
As an officer of the court, he is continually accountable to the court for the manner in which he exercises
the privilege of practicing law, which should be suspended or terminated if he is no longer fit or safe to be
entrusted with the responsibilities and obligations of a lawyer.
Although the practice of law is a privilege, a lawyer cannot be prevented from practicing law except for
valid reasons. As long as a lawyer is in good behavior, he cannot be deprived of the privilege; unless he
commits misconduct ascertained and declared by court judgment after due process.
The state cannot exclude a lawyer from practicing law for reasons that contravene the due process or equal
protection clause of the Constitution. No court or court-martial can deny a lawyer without valid statutory
limitation or grounds for disqualification, the right to appear before it in representation of a client. A quasi-
judicial or administrative agency cannot restrict privilege to practice law by imposing discriminatory
conditions, nor by requiring the passing of an examination that is not sanctioned by law to be able to appear
before such agency. In this sense, the practice of law is a right that cannot be lightly or capriciously restricted
or taken away.
A layman who engages in practice of law may be held liable for unauthorized practice.
In criminal cases involving grave and less grave offenses, a layman must always appear with counsel; he
cannot conduct his own defense, as his right to counsel may not be waived without violating his right to
due process of law.
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A juridical person must always appear in court represented by a duly licensed member of the bar, except
in the municipal trial court where a layman may represent it.
Practice by corporation.
A corporation or juridical entity cannot engage in the practice of law in representation of others, but may
hire an attorney to attend to and conduct its own legal business or affairs.
Intervention of intermediary.
A lawyers duty not to assist, directly or indirectly in the unauthorized practice of law prohibits him from
allowing an intermediary to intervene in the performance of his professional obligations.
A lawyers responsibilities and qualifications are individual, hence his relation to a client is personal and his
responsibility is direct. Intervention by any lay agency, personnel or corporate, between lawyer and the
client is forbidden. He should avoid all relations which direct the performance of his duties by or in the
interest of such intermediary.
A lawyers employment should not include the rendering of legal services to members of an organization
in respect to their individual affairs; however, a charitable society rendering aid to the indigent is not an
intermediary within the meaning of the rule.
A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be
performed by a member of the Bar in good standing.
A lawyer should not delegate to a layman any work that involves the application of law, such as:
1) The computation and determination of the period within which to appeal and adverse judgment;
2) Examination of witnesses and presentation of evidence.
A lawyer may employ secretaries, investigators, detectives, and researchers, as long as they are not
involved in the practice of law, such as not writing of pleadings, appearing in court, etc. He may also
employ law students to do lawyers work, such as examination of case laws, finding and interviewing
witnesses, examining court records, delivering papers, and other similar matters.
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A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice
law, except:
a) 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; or b)
Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in
whole or in part, on a profitable sharing arrangement.
The first two exceptions to the rule represent compensation for legal service rendered by the deceased
lawyer during his lifetime, which is paid to his estate or heirs. Impropriety arises where the effect of the
arrangement is to make the estate or heir a member of the partnership along with the surviving partners,
or where the estate or heir is to receive a percentage of fees that may be paid from future business of the
deceased lawyers clients. Such fees no longer represent compensation for past services of the deceased
lawyer.
The third exception to the rule does not involve, strictly speaking, a division of legal fees with non-lawyer
employees. The retirement benefits in the form of pension represent additional deferred wages or
compensation for past services of the employees.