Professional Documents
Culture Documents
SUMMER 2018
LEGAL ETHICS
Body of all principles of morality and refinement that should govern the conduct of every
member of the bar.
Branch of moral science which treats of duties which an attorney owes to the court, to his
client, to his colleagues, and to the public.
1. Memorize Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I
will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I impose upon myself these
voluntary obligations without any mental reservation or purpose of evasion. So help me
God.
2. Instances when recovery of attorney’s fees on the basis of quantum meruit is authorized.
Quantum meruit (“as much as he deserves”; should only apply when there is no
agreement)
Recission of the agreement- contract is rendered void- counsel was not able to finish the
case – the litigatnt is questioning the validity of the
3. Attorney as an officer of the court
Officers of the court and who are empowered to appear, prosecute and defend a client’s
cause.
A lawyer is answerable not only to his client but also to the court of which he is an officer.
First duty is not to client but to the administration of justice; justice trumps client interest
candid and truthful to the court; do no falsehood; not misquote/misrepresent; not misuse
rules of procedure; respect court and its orders; not file multiple actions
A judge may properly intervene in the presentation of evidence to expedite and prevent
unnecessary waste of time and clarify obscure and incomplete details
But judge should limit himself to asking clarificatory questions and this right should be
sparingly and judiciously used
Ex parte hearings for provisional remedies is only allowed when there is necessity for
quick action and the judge has endeavored to counteract the effect of the counsel’s
absence
There is undue interference in questioning witnesses if the questions propounded by
the judge tend to build or bolster the case for one of the parties
8. Testimony of a lawyer against a former client.
Alam ko case toh. Parang may illegal ata na ginawa yung client or something like that
pero may rule rin na
Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:
(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
ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.
A partner who accepts public office should withdraw from the firm; exception
Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
The purpose of the rule is to prevent the law firm from using his name to attract legal
business and to avoid suspicion of undue influence.
When any of the public officials are absolutely prohibited, they cease, as a general rule, to
engage in private practice of law and the right to practice is suspended during tenure of
office.
Lawyer member of the Legislature not absolutely prohibited.
Prohibited only from appearing as counsel in:
1. Any court of justice.
2. Electoral Tribunals.
3. Quasi-Judicial or Administrative bodies.
What is prohibited is to “personally appear.”
The word “appearance” includes:
1. Arguing a case before any such body.
2. Filing a pleading on behalf of a client as “by simply filing a formal motion, plea or
answer”.
Neither can he allow his name to appear in such pleading by itself or as part of a firm
name under the signature of another qualified lawyer because the signature of an agent
amounts to signing of a non-qualified senator or congressman, the office of an attorney
being originally of agency, and because he will, by such act, be appearing in court or
quasi-judicial or administrative body in violation of the constitutional restriction.
“He cannot do indirectly what the Constitution prohibits directly”.
16. Factors that should be considered in determining the amount to be awarded as attorney’s fees
on a quantum meruit or reasonable fees.
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered
case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter
to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from
the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
a. The judge has personal knowledge of disputed evidentiary facts concerning the
proceeding;
b. The judge served as executor, administrator, guardian, trustee or lawyer in the case
or matters in controversy, or a former associate of the judge served as counsel during
their association, or the judge or lawyer was a material witness therein;
c. The judge’s ruling in a lower court is subject of review
d. The judge is related by consanguinity or affinity to a party litigant within the 6th
degree or to counsel within the 4th degree;
e. The judge knows that the judge’s spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party
to the proceeding, or any other interest that could be substantially affected by the
outcome of the proceeding.
In every instance the judge shall indicate the legal reason for inhibition.
Petition to disqualify judge must be filed before rendition of judgment by the judge; can’t
be raised first time on appeal.
If a judge denies petition for disqualification, the ultimate test: is whether or not the
complaint was deprived of a fair and impartial trial. Remedy: seek new trial.
18. Rule in Use of name in a law firm of a newly appointed government official.
Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
The purpose of the rule is to prevent the law firm from using his name to attract legal
business and to avoid suspicion of undue influence.
The rule prohibits the practice of the lawyer taking the witness stand and asking
questions to him and answering them as a witness.
While the law does not disqualify a lawyer from being a witness and an advocate at the
same time in a case, the practice is violative of the rule on professional conduct.
It would also be improper for a lawyer to accept employment in a case where it would be
his duty to attack the testimony to be given by his partner on behalf of the opposite side.
The underlying reason for the impropriety of a lawyer acting in such dual capacity:
The function of a witness is to tell the facts.
The function of an advocate is that of a partisan.
It is difficult to distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness.
It is hard to disassociate his relation to his client as an attorney and his relation to the
party as a witness.
SEC. 2. Other parties exempted from the MCLE. The following Members of the Bar are
likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of
Governors.
- physical disabilities
- post -graduate studies abroad
- expertise in law (stated in case 60)
21. Absolute prohibition on government lawyers who cannot practice law while employed in the
government.
WHO MAY NOT PRACTICE LAW?
Relative Prohibition
1. Senators and members of the
House of Representatives
(prohibition to appear)
2. Members of the Sanggunian.
Absolute Prohibition
1. All members of the Judiciary
2. Judges and other officials as employees of the Supreme Court.
3. Government prosecutors.
4. President, Vice President, members of the cabinet.
5. Members of Constitutional Commissions.
6. Ombudsman and his deputies.
7. Solicitor General and Assistant Solicitor General
8. All governors, city and municipal mayors.
9. Those prohibited by special laws – retired members of the judiciary.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
Since retainer of a lawyer is retainer of the whole firm, unless prohibited by the client.
23. Amicus Curiae
Amicus Curiae is: An experienced and impartial attorney invited by the court to appear
and help in the disposition of issues submitted to it. It implies friendly intervention of
counsel to call the attention of the court to some matters of law or facts which might
otherwise escape its notice and in regard to which it might go wrong. Appears in court not
to represent any particular party but only to assist the court.
24. The fourfold duties of lawyer to society, legal profession, the court and the client.
1. Duties to SOCIETY – should not violate his responsibility to society, exemplar for
righteousness, ready to render legal aid, foster social reforms, guardian of due process,
aware of special role in the solution of special problems and be always ready to lend
assistance in the study and solution of social problems.
3. Duties to the COURT – respect or defend against criticisms, uphold authority and
dignity, obey order and processes, assist in the administration of justice.
The lawyer is also as independent as a judge, with powers entirely different from and
superior to those of an ordinary agent. Moreover, he is an officer of the court. The relation
of attorney and client is strictly personal and highly confidential.
26. Restriction on former official who may not accept certain employment; should not accept any
work or employment from anyone that will involve or relate to the matter in which he intervened
as public official.
The key to unlock Rule 6.03 lies in comprehending.
1. The meaning of “matter” referred to in the rules.
2. The metes and bounds of the “intervention” made by the former government lawyer on
the “matter.”
The American Bar Association, in its Formal Opinion 342, defined “matter” as:
Any discrete, isolatable act as well as identifiable transaction and not merely an act of
drafting, enforcing or interpreting government or agency procedures, regulations or laws,
or briefing abstract principles of law.
The “matter” or the act of Atty. Mendoza as Solicitor General is “advising the Central
Bank on how to proceed with Genbank’s liquidation is held not to be the “matter”
contemplated by Rule 6.03.
Clearly, ABA Formal Opinion 342 stresses that Atty. Mendoza’s acts didnot fall within the
scope of the term “matter.”
It is given that respondent Mendoza had nothing to do with the decision of the Central
Bank to liquidate Genbank and did not even participate in the sale of Genbank to Allied
Bank. The “matter” which he got himself involved was informing the Central bank on the
procedure by law to liquidate Genbank. It is not the same as the subject “matter” of the
civil case of sequestration of stocks owned by Tan in Allied Bank on the alleged ground
that they are illgotten. This case does not involve the liquidation of Genbank. Whether the
shares of stock of Allied Bank are illgotten is far removed from the issue of the dissolution
and liquidation of Genbank.
It is also submitted that the Court should apply Rule 6.03 in all its strictness for it
correctly disfavors lawyers who “switch sides” and intended to avoid conflict of loyalties.
It is claimed that “switching sides” carries the danger that former government employee
may compromise confidential official information in the process.
The act of respondent Mendoza in informing the Central Bank on the procedure how to
liquidate Genbank is a different matter from the subject matter of Civil Case No. 0005
which is about
sequestration of the shares of respondents Tan in Allied Bank. There is no switching sides
for no two sides are involved.
Reason: To make the prospective client discuss freely whatever he wishes with the lawyer
without fear that what he discloses will not be divulged nor used against him and for the
lawyer to be equally free to obtain information from such prospective client.
Profession – A calling requiring specialized knowledge and often requiring long academic
preparation. In fixing fees, remember that “the profession is a branch of the
administration of justice and not a mere money-making trade.”
Law advocacy is not capital that yields profits. A calling, unlike mercantile pursuits which
enjoy a greater deal of freedom from government interference, is impressed with public
interest.
GOOD LUCK!!!