Professional Documents
Culture Documents
- The duty of a lawyer, both to his client and to the legal system, is to represent his client
zealously within the bounds of the law, which includes Disciplinary Rules and enforceable
professional regulations. The professional responsibility of a lawyer derives from his
membership in a profession which has the duty of assisting members of the public to secure
and protect available legal rights and benefits. In our government of laws and not of men, each
member of our society is entitled to have his conduct judged and regulated in accordance with
the law;to seek any lawful objective6 through legally permissible means;7 and to present for
adjudication any lawful claim, issue, or defense.
- As typical examples in civil cases, it is for the client to decide whether he will accept a
settlement offer or whether he will waive his right to plead an affirmative defense. A defense
lawyer in a criminal case has the duty to advise his client fully on whether a particular plea to a
charge appears to be desirable and as to the prospects of success on appeal, but it is for the
client to decide what plea should be entered and whether an appeal should be taken
- Canon 19 of the Code of Professional Responsibility enjoins a lawyer to represent his client
with zeal. However, the same Canon provides that a lawyer’s performance of his duties
towards his client must be within the bounds of the law. Rule 19.01 of the same Canon
requires, among others, that a lawyer shall employ only fair and honest means to attain the
lawful objectives of his client. It is almost the same as Canon 15, Rule 15.07 also obliges
lawyers to impress upon their clients compliance with the laws and the principle of fairness. To
permit lawyers to resort to unscrupulous practices for the protection of the supposed rights of
their clients is to defeat one of the purposes of the state – the administration of justice. While
lawyers owe their entire devotion to the interest of their clients and zeal in the defense of their
client’s right, they should not forget that they are, first and foremost, officers of the court, bound
to exert every effort to assist in the speedy and efficient administration of justice.
- Lawyers are indispensable instruments of justice and peace. Upon taking their professional
oath, they become guardians of truth and the rule of law. Verily, when they appear before a
tribunal, they act not merely as representatives of a party but, first and foremost, as officers of
the court. Thus, their duty to protect their clients’ interests is secondary to their obligation to
assist in the speedy and efficient administration of justice. While they are obliged to present
every available legal remedy or defense, their fidelity to their clients must always be made
within the parameters of law and ethics, never at the expense of truth, the law, and the fair
administration of justice.
Example case:
1. When a lawyer assists or leads his clients to take over the control and management of a
bank through force and without a valid court order. Although he was in the side of the new
controlling group, but since there was not yet any court ruling on that new management.
2. When a lawyer assists his client to file criminal complaint right away. Fair play demands
that the lawyer should have filed the proper motion with the court to attain his goal (like
having the residue of the estate delivered to his clients) and not subject the adverse party
to a premature criminal prosecution.
19.01 – TO BE FAIR AND HONEST. A lawyer must not participate in presenting criminal charges to
obtain an advantage in any case proceeding. Why? Because he must use means which are
consistent with truth, must not mislead the judge and not issue falsehood.
- The professional judgment of a lawyer should be exercised, within the bounds of the law,
solely for the benefit of his client and free of compromising influences and loyalties. Neither his
personal interests, the interests of other clients, nor the desires of third persons should be
permitted to dilute his loyalty to his client.
- A lawyer should not permit his personal interests to influence his advice relative to a
suggestion by his client that additional counsel be employed. In like manner, his personal
interests should not deter him from suggesting that additional counsel be employed; on the
contrary, he should be alert to the desirability of recommending additional counsel when, in his
judgment, the proper representation of his client requires it. However, a lawyer should advise
his client not to employ additional counsel suggested by the client if the lawyer believes that
such employment would be a disservice to the client, and he should disclose the reasons for
his belief.
Surigao Mineral Resevation Board vs. Cloribel, 31 SCRA 1 (1970)
A lawyer should use his best efforts to restrain and to prevent his client from those things which he
himself ought not to do, particularly with reference to the conduct toward the court, judicial officer,
witness and suitor; and IF the client persists in such wrongdoing, the lawyer should terminate their
relation.
Lacsamana vs. dela Peña, 58 SCRA 22
A lawyer shall employ such means only as are consistent with truth and honor. Thus, not offer
evidence any document which he knows is false nor present any witness whomhe knows will perjure.
He should make such defense only as he believes to honestly true.
- This requires the lawyer to terminate his relations with the client in the event that the client fails
or refuses to rectify the fraud.
- A lawyer should exert his best efforts to insure that decisions of his client are made only after
the client has been informed of relevant considerations. A lawyer ought to initiate this decision-
making process if the client does not do so. Advice of a lawyer to his client need not be
confined to purely legal considerations. A lawyer should advise his client of the possible effect
of each legal alternative. A lawyer should bring to bear upon this decision-making process the
fullness of his experience as well as his objective viewpoint. In assisting his client to reach a
proper decision, it is often desirable for a lawyer to point out those factors which may lead to a
decision that is morally just as well as legally permissible. He may emphasize the possibility of
harsh consequences that might result from assertion of legally permissible positions. In the
final analysis, however, the lawyer should always remember that the decision whether to
forego legally available objectives or methods because of non-legal factors is ultimately for the
client and not for himself. In the event that the client insists upon a course of conduct that is
contrary to the judgment and advice of the lawyer, the lawyer may withdraw from the
employment.
- But he must not volunteer the information concerning his client’s commission of fraud as it will
violate his obligation to maintain his client’s secrets undisclosed.
- On substantial matters concerning the litigation (like whether to compromise the case or to
appeal), the lawyer should get the instruction from his client.
- On procedural matters, the client must yield to the lawyer because the lawyer is the one
learned with the procedures. That is why if a lawyer makes a mistake by reason of procedural
negligence, it binds the client. The client cannot be heard that the result might have been
different had his lawyer proceeded differently.
Exceptions:
- The determination of a proper fee requires consideration of the interests of both client and
lawyer. A lawyer should not charge more than a reasonable fee,for excessive cost of legal
service would deter laymen from utilizing the legal system in protection of their rights.
Furthermore, an excessive charge abuses the professional relationship between lawyer and
client. On the other hand, adequate compensation is necessary in order to enable the lawyer
to serve his client effectively and to preserve the integrity and independence of the profession.
- The statutory rule that an attorney shall be entitled to have and recover from his client no more
than a reasonable compensation
CANON 21 - A lawyer must not, without the consent of his client, be examined as to any
communication made by the client to him and this extends to his staff or secretary.These infos are
sacred and affords the essential security in the relation of the atty and client.
- A confidential communication are informations transmitted by voluntary act of disclosure bet
the lawyer and the client, all done in confidence and to which the client is aware that no one
else knows.
- Secrets are those informations gained that the client has requested to be held inviolable and if
disclosed, would be embarrassing or would likely be detrimental to his client because these
informations might not be exactly pertinent to the case.
21.01 – REVELATIONS OF CONFIDENCE AND SECRETS ALLOWED in the following instances:
1. when authorized by the client after acquainting him
LAWYER’S OATH
“I, _______________________, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will support its
Constitution a nd 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
willingly nor willfully 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 as tothe court as to my clients; and I impose or
purpose of evasion. So help me God.”