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Liane Lalaine P.

Torres
Legal Ethics 1:00 to 4:00 pm

The Lawyer and the Client

Duties of lawyers to their clients:

Canon 14 - not reject cause of defenseless and oppressed


Canon 15 - candor, fairness and loyalty
Canon 16 - hold in trust money or property
Canon 17 - undivided loyalty
Canon 18 - owe utmost learning and ability
Canon 19 - respond with zeal to the cause of the client
Canon 20 - charge only fair and reasonable fees
Canon 21 - maintain inviolate the confidence of the client
Canon 22 - disclose all circumstances/interest regarding the controversy
Canon 19 - respond with zeal to the cause of the client

Notes Canon in 14:


- Lawyer cannot decline a client on account of the latter’s sex, creed, age, race,
status of life or because of his own opinion regarding the guilt of the said
person
- Lawyer cannot also decline as cousel de oficio or as amicus curae or a request
from IBP to render free legal aid EXCEPT for serious and sufficient cause
- Lawyer can only refuse a client for the reason that he cannot work out the wok
effectively and competently or if there is a conflict of interest

Notes Canon in 15:


- Lawyer should ascertain his prospective client as soon as practicable if there is
a conflicting interest that may arise.
- Lawyer should bound himself to the rule on privilege communication
For the attorney-client privilege to apply, the following requisites must be
present:
1. Relationship of attorney and client;
2. Communication made by the client to the attorney, or advice given by the
latter to the former;
3. Communication or advice must have been made confidentially;
4. Such communication must have been made in the course of professional
employment.
- Lawyer shall not represent conflicting interest unless there is a written consent of
all concerned parties after a full disclosure of facts
- A lawyer may acts as mediator, conciliator and arbitrator in settling issues
- A lawyer should refrain from giving advices unless they have obtained sufficient
understanding of theri client’s cause
- A lawyer must keep any business he is engaging in concurrently with the practice
of law separate and apart from the other
Notes in Canon 16:
- A lawyer shall deliver the funds and property of the client when due or upon
demand, However, he may have a lien over the funds to satisfy his lawful fees.
He shall also have a lien on all judgments and executions he secured for his
client.
- A lawyer shall not borrow money from his client unless the client’s interest is
fully protected nor a lawyer shall lend money to his client except, when in the
interest of justice he has to advance expenses.

Notes in Canon 17
- Lawyer owes loyalty to his client even after the lawyer-client relationship has
been terminated. He should not accept to defend in another case persons against
his former clients.

Notes in Canon 18
- Lawyer must not render legal service if he knows he is not competent enough.
- Lawyer must not neglect legal matters entrusted to him. His negligence shall
make him liable
- Lawyer must keep his client updated of the status of his case.

Notes in Canon 19
- Lawyer must use only fair and honest means to attain the lawful objectives of
his client.
- Lawyer shall not allow his client to dictate him in the procedures of handling
the case

Notes in Canon 20
- Quantum Meruit-means “as much as he deserves”, used as a basis for
determining the lawyer’s lien in the absence of the contract.
- A lawyer must resort to judicial action concerning his compensation to avoid
imposition, injustice or fraud.

Notes in Canon 21
- Lawyer shall not reveal his client’s confidences and secrets unless
AUTHORIZED by his client, REQUIRED by law or when NECESSARY to
collect his fees and defend himself by judicial actions

Notes in Canon 22
- A lawyer who withdraws or is discharged shall subject to retaining lien,
immediately turn over all papers and property of his client.