PROBLEM AREAS IN LEGAL ETHICS (SY 2018-19)

I. LAWYER’S OATH - Nature of the Lawyer’s Oath.

II. LEGAL ETHICS

1. Definition

2. Practice of Law (Rule 138, Rules of Court)

a) Concept
i. Definition of the practice of law
ii. Practice of law is not a privilege, not a right
iii. Law as a profession, not a business or trade
b) Qualifications for admission to the bar
i. Bar Matter No. 1153, amending Section 5 and 6 of Rule 138
c) Continuing requirements for membership in the bar
i. Good moral character
ii. Citizenship
1) Reacquisition of the privilege to practice law in the Philippines under
RA 9225 or the Citizenship Retention and Reacquisition Act of 2003
d) Appearance of non-lawyers
i. Law student practice rule (Rule 138-A)
ii. Non-lawyers in courts
iii. Non-lawyers in administrative tribunals
iv. Proceedings where lawyers are prohibited from appearing as counsels
e) Sanctions for practice or appearance without authority
i. Lawyers without authority
ii. Persons who are not lawyers
f) Public officials and the practice of law
i. Prohibition or disqualification of former government attorneys
ii. Public officials who cannot practice law or can practice law with restrictions.
g) Lawyers who are authorized to represent the government.

3. Duties and responsibilities of a lawyer (Code of Professional Responsibilities)

a) To society (Canons 1-6)
i. Respect for law and legal processes
ii. Efficient and convenient legal services
iii. True, honest, fair, dignified and objective information on legal services
iv. Participation in the improvement and reforms in the legal system
v. Participation in legal education program
b) To the legal profession (Canons 7-9)
i. Rule 139-A (IBP)
1) Membership and dues
ii. Upholding the dignity and integrity of the profession
iii. Courtesy, fairness and candor towards professional colleagues
iv. No assistance in unauthorized practice of law
c) To the Courts (Canon 10-13)
i. Candor, fairness and good faith towards the Courts
ii. Respect for Courts and judicial officers
iii. Assistance in the speedy and efficient administration of justice
iv. Reliance on merits of his cause and avoidance of any impropriety, which tends
to influence or gives the appearance of influence upon the Courts.
d) To the clients (14-22)
i. Availability of service without discrimination
1) Services regardless of a person’s status
2) Services as counsel de officio
3) Valid grounds for refusal to serve

mpsoliver.Document1 Page 1 of 3
 ii. Candor, fairness and loyalty to clients
1) Confidentiality rule
2) Privileged communications
3) Conflict of interest
4) Candid and honest advice to clients
5) Compliance with laws
6) Concurrent practice of another profession
iii. Client’s moneys and properties
1) Fiduciary relationship
2) Co-mingling of funds
3) Delivery of funds
4) Borrowing or lending
iv. Fidelity to client’s cause
v. Competence and diligence
1) Adequate protection
2) Negligence
3) Collaborating counsel
4) Duty to apprise client
vi. Representation with zeal within legal bounds
1) Use of fair and honest means
2) Client’s fraud
3) Procedure in handling the case.
vii. Attorney’s fees
1) Acceptance fees
2) Contingency fee arrangements
3) Attorney’s liens
4) Fees and controversies with clients (Quantum Meruit)
5) Concepts of attorney’s fees
i. Ordinary concept
ii. Extraordinary concept
viii. Preservation of client’s confidences
1) Prohibited disclosures and use
2) Disclosure, when allowed
ix. Withdrawal of services

4. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court, as amended by
Bar Matter No. 1645)
a) Nature and characteristics of disciplinary action against lawyers
i. Sui generis
ii. Prescription
b) Grounds
c) Proceedings
d) Discipline of Filipino lawyers practicing abroad

5. Readmission to the Bar

a) Lawyers who have been suspended
b) Lawyers who have been disbarred
c) Lawyers who have been repatriated

6. Mandatory Continuing Education (MCLE)

a) Purpose
b) Requirements
c) Compliance
d) Exemptions
e) Sanctions

mpsoliver.Document1 Page 2 of 3
 7. Notarial Practice
a) Qualifications of a notary public
b) Term of Office
c) Powers and limitations
d) Notarial register
e) Jurisdiction of notary public and place of notarization
f) Revocation of commission
g) Competent evidence of identity
h) Sanctions

III. JUDICIAL ETHICS

1. Definition

2. Sources
a) New Code of Judicial Conduct for the Philippine Judiciary (Bangalore draft)
b) Code of Judicial Conduct

3. Qualities
a) Independence
b) Integrity
c) Impartiality
d) Propriety
e) Equality
f) Competence and diligence

4. Administrative jurisdiction over Judges and Justices (all levels)

5. Disqualification of Judicial Officers (Rule 137, Rules of Court)
a) Compulsory
b) Voluntary
6. Initiation of complaint against Judges and Justices
7. Discipline of members of the Judiciary
a) Members of the Supreme Court
b) Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule
140, Rules of Court)
c) Grounds
d) Impeachment (ethical aspects)
e) Sanctions imposed by the Supreme Court on erring members of the Judiciary

8. Powers and Duties of Courts and Judicial Officers (Rule 135, Rules of Court)

9. Court records and general duties of Clerks and Stenographers (Rule 136, Rules of Court)

10. Legal Fees (Rule 141, Rules of Court)

a) Manner of payment
b) Fees in lien
c) Persons authorized to collect legal fees

11. Costs
a) Recovery of costs (Rule 142, Rules of Court)
i. Prevailing party
ii. Dismissed appeal or action
iii. Frivolous appeal
iv. False allegations
v. Non-appearance of witness

mpsoliver.Document1 Page 3 of 3