Legal Ethics

GROUNDS FOR DISBARMENT OF LAWYERS

1. Deceit, Malpractice, Gross Misconduct, Gross Immoral Misconduct

Canon 1
A lawyer shall uphold the constitution, obey the laws of the land and promote respect for
law and legal processes.

A lawyer shall not engage into corrupt practices and unprincipled acts which can be a
ground for disbarment and also an act which may resort to an illegal conduct.

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.

Rule 7.01- A lawyer shall be answerable for knowingly making false statement of
suppressing a material fact in connection with his application to the bar.

-It is a duty of a lawyer to uphold truthfulness in accordance to the law and must face the
consequences of his acts with fairness and candor.

Canon 9
A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

A form of deceit which prohibits the delegation of an unqualified person to perform any
task which by law may only be performed by a member of a bar in good standing. It is
the duty of a lawyer to uphold the law and the code of professional responsibility.

2. Conviction of a Crime Involving Moral Turpitude

A lawyer is expected to always uphold the Constitution and obey the laws of the
land that is why the commission of crimes involving moral turpitude is considered as
one of the grounds of disbarment of a lawyer.
Among the Canons are the following, that if violated may result to disbarment.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE
LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
  If this Canon is violated by the commission of crimes which are in violation of
the Constitution and the laws of the land, the lawyer may be disbarred, provided
that the conviction involves a crime involving moral turpitude.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
 This Canon prevents lawyers to give undignified information and fraudulent
statements. If the violation of this Canon amounts to commission of crimes
involving moral turpitude, the lawyer may be disbarred.
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.
 This Canon prevents lawyers to perjure themselves in the admission to the bar.
Using false statements to be admitted to the bar, if will amount to immoral
conduct, will be a ground for disbarment.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN
THE UNAUTHORIZED PRACTICE OF LAW.
 Assisting in the false and unauthorized practice of law may result to disbarment
of the lawyer.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN
THE BOUNDS OF THE LAW.
 A lawyer must always conform to the laws set out by the Constitution and the
laws of the state. The lawyer’s representation of his client must always be within
the limits prescribed by law.

3. Violation of Oath
One of the most essential part of being a lawyer is upholding and manifesting
what was stated in the Lawyer’s oath. It is an act of solemnly swearing that his conduct as
well as mentality will be aligned and will always result to upholding what the lawyer’s
oath provides. Hence, a violation of this oath is a ground for disbarment.
Here are some provisions of the Canons of Legal Ethics that if were violated would
amount to violation of the Lawyer’s Oath, thus, maybe a ground for disbarment.

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.

 If this canon is violated, it will dishonor the provision of lawyer’s oath to support
the constitution and obey the laws of the land as well as the legal orders of the
duly constituted authorities therein.

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.

 A lawyer is a always expected to uphold the constitution and the legal orders of
the duly constituted authorities therein because he is at all times obliged to uphold
the integrity of the legal profession. A lawyer is also a representation of the legal
profession and so, his act of upholding the legal profession must be manifested at
all times to preserve the integrity and dignity of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,

FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

 As stated in the lawyer’s oath, a lawyer must do no falsehood nor consent in the
doing of any in court. Thus, if this canon is violated, it will tantamount to
violation of oath which implies that respect to the court must be observed by
ensuring that there is no falsity as facts presented and genuiness of the intention of
the counsels.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN

THE UNAUTHORIZED PRACTICE OF LAW.

 Since the lawyer has the duty to do no falsehood, nor consent to the doing of any
in court a violation of this canon would manifest that the lawyer participated in
the doing of falsity in the court.

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE

COURT.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE
TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.

 Canons 10 and 11 relates to the provison of the lawyer’s oath that a lawyer must
maintain good fidelity as well to the courts as to his clients. A lawyer is expected
to conduct himself in a manner that reflects his fidelity to the client without
compromising his obligation of fidelity to the court. Thus, violation of this canons
would amount to violation of the provision for the lawyer’s oath and may be a
ground for disbarment.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE COURT.

 As provided in the lawyer’s oath, a lawyer is expected not to wittingly or

willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same. If the lawyers finds no merits on the case he has to
immediately inform the client and not devise any scheme which would result to
influencing the court for the sake of his malicious intention. A violation of this
canon exposes that the lawyer did not rely on the merits but rather resorted to
influencing the court in which a lawyer owes fidelity. Such act may be a ground
for disbarment of a lawyer.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY
IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

 The lawyer’s oath expressly states that, “I will delay no man for money or
malice,” therefore a lawyer is bound to observe candor and fairness to his
financial dealings with the client to ensure that the administration of justice is not
influenced.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND

DILIGENCE.

 A lawyer is expected to conduct himself as a lawyer according to the best of his

knowledge and discretion to ensure that the client will be granted justice. It is a
constitutional right of a person to represented of competent counsel. Hence, a
violation of this canon not only violates the oath but could be a grounds for
disbarment of proven that the client was deprived of his right to be represented by
a competent counsel.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN

THE BOUNDS OF THE LAW.

 A lawyer must be competent ad diligent in representing his client for it was

expressly stated in the lawyer’s oath that a lawyer must conduct himself
according to the best of his knowledge and discretion. It is essential that the
lawyer will work within the bounds of despite his wanting of winning the case.
4. Willful Disobedience in Appearing as Counsel when Not Authorized
by Law
A lawyer must always obey the rules of the Constitution and the rules given by the
authorities. Appearing as counsel when not authorized by law constitutes a crime, thus, is
considered as a ground for disbarment.
Among the Canons of which when violated by willful disobedience in appearing as
counsel when not authorized by law will result to disbarment are the following:
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE
LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
 If this Canon is violated by falsely appearing as counsel will not only result to
criminal, civil, or administrative case but will also be a ground for disbarment.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN

THE UNAUTHORIZED PRACTICE OF LAW.

 Since the lawyer has the duty to do no falsehood, nor consent to the doing of any
in court a violation of this canon would tantamount to disbarment.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN

THE BOUNDS OF THE LAW.
 An unauthorized lawyer cannot represent a client in the court. Such lawyer can
be disbarred for appearing as counsel even if not authorized by law.
5. Soliciting
6. Suspension or Disbarment from Foreign Jurisdiction