Practice of Law: A Privilege, but also in the nature of a
right
- Privilege because lawyers must bow to the inherent
regulatory power of the Court to exact compliance
with the lawyer’s public responsibilities
- Right because the lawyers cannot be prevented from
practicing law except for valid reasons (e.g.
prohibitions on some public officers)
- Phil Lawyers’ Association v Agrava (examination
before they can appear before the Patent Office)
o Members of the Phil Bar may practice before
the Patent Office, without further
examination and other qualifications
o No less than the SC has admitted the lawyers
into the bar, there is already the guarantee
that these lawyers are already equipped with
the necessary knowledge
o Not be confused with a lawyer who wishes to
be employed in an office (because it is the
prerogative of any employer to set the Non-lawyers who are authorized to appear in court:
qualifications)
Who can practice law?
- Admitted as member of the Bar
- In good and regular standing (Sec 1, Rule 138, ROC)
Why is the practice of law generally limited to lawyers?
- To protect the party litigants because of the complex
nature of judicial proceedings
- To protect public interest through assuring that
judicial proceedings take place with dispatch without
sacrificing justice and efficiency
- “generally”—there are instances where a non-lawyer
can practice law in various instances but with the
supervision of a member of the bar
Shari’a lawyers
- Lawyers who are LIB graduates but not members of
the bar are not allowed to practice before regular
courts even if both parties (duly admitted to the
Shari’a Bar; exams are administered by the SC)
- Code of Muslim Personal Laws of the Philippines
(jurisdiction is concurrent with the regular courts)
- Par 2, Art 143 of PD 1083, The Code of Muslim Personal
Laws of the Philippines, provides for concurrent
jurisdiction of the Shari’a District Court with existing
civil courts
Appearance “Pro Hac Vice”
- Appearance by lawyers who is not licensed to
practice in a jurisdiction, but only in connection with
a particular case
- May be allowed by courts under very limited
instances, if the appearance is only in an isolated case
and no compensation is charged for the service
Appearance “In Propria Persona” or “Pro Se” Practice
- Appearance in court by a non-lawyer for himself and
without the assistance of a member of the Bar
- Basis: Sec 1, Art 3 of the Constitution (due process
clause); Sec 1 (2), Art 3, Constitution (due process—
right to be heard by himself and counsel, especially in
criminal cases); Sec 3, Rule 7, ROC (every pleading
must be signed by the party or counsel representing
him)
- Before: no distinction in courts and cases to be heard
- While pro se practice is allowed, it is not advisable (In
Re: Joaquin T. Borromeo)
- SC: person is not engaged in the practice of law
(applying first aid to himself)
- GR: a non-lawyer may represent a party before the
MTC
- Exc: a criminal case
- Exc: to Exc: in a locality where a duly licensed
member of the Bar is not available
- Senior law student
o Enrolled in a recognized law school’s clinical
education program approved by the SC may
appear before any court, tribunal, agency,
office without compensation, to represent
indigent clients accepted by the Legal Clinic
of the school
o Under direct supervision and control of an
IBP Member duly accredited by the law
school
o Civil, criminal, administrative (Sec 1, Rule
138-A, ROC)
o Before RTC and higher courts—must be
accompanied by a supervising lawyer in all
his appearances
- Labor Code
o When they represent themselves
o They represent their organization or
members thereof with written authorization
of the latter
o Duly accredited members of any elgal aid
office duly recognized by the DOJ, or the IBP
in cases referred to by the latter
- Cadastral Act
o A non-lawyer can represent a claimant
before the cadastral court
- Any person appointed to appear for the Government
in accordance with law
 - Before the DAR Adjudication Board
Discouraging Lawsuits
- Under Rule 1.03 of CPR, a lawyer shall not for any
corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause
Crime or Tort of Maintenance
- Intermeddling of an uninterested party to encourage
a lawsuit
- A lawyer owes to the society and to the court the duty
not to stir up litigation. The following are
unprofessional acts:
1. Volunteering advice to bring lawsuit except when
ties of blood, relationship and trust make it a Canon 2. Making available efficient legal service
duty to do so
2. Hunting up defects in titles or other causes of Canon 2.01. A lawyer shall not reject, except for valid
action; to breed litigation by seeking out claims reasons the cause of the defenceless or the oppressed.
for personal injuries
Justifiable and unjustifiable litigation
- Lawyer must decline a case when convinced that it is
intended merely to harass, or to injure the opposite
party or work oppression
- Lawyer’s appearance in court should be deemed
equivalent to an assertion on his honor that in his
opinion his client’s case is one proper for judicial Mandatory Legal Aid Service (Bar Matter 2012)
determination
A lawyer has the following duties, inter alia:
- Duty to uphold the Constitution and obey the law
- Duty not to engage in unlawful conduct
- Duty not to counsel illegal activities
- Duty not to encourage lawsuits
- Duty to encourage amicable settlement
Barratry
- Offense of frequently inciting and stirring up quarrels
and suits
- Fomenting suits
- Then offering his legal services to one of the parties
- Refers to any action; suits before any forum
Ambulance chasing
- THE CLIENT SHOULD COME TO YOU
- Lawyer’s act of figuratively chasing the victims of an
accident for the purpose of talking to the victim or
the latter’s relatives and offering his legal services for
the filing of the case against the person who caused CANON 3. Use of True, Honest, Fair, and Objective
the accident
- Refers to only personal injury actions; cases brought
before the courts
- Recognized evils of ambulance chasing:
o Fomenting of litigation; burden on courts
and society
o Subornation of perjury
o Mulcting of innocent persons by judgments,
upon manufactured causes of action
o BIGGEST EVIL: defrauding of injured persons
having proper causes of action but ignorant
of their legal rights and court procedures (by
means of contracts which retain exorbitant
percentages of recovery and illegal charges
for court costs and expenses and by
settlement made for quick returns of fees
and against the just rights of the injured)
- Valid reasons (Rule 14.03)
o Conflict of interest (between present and
prospective client)
o Case is not unmeritorious
- Must exercise the same degree or standard of
diligence accorded to paying clients; legal aid is not a
matter of charity but a public responsibility
- All practicing lawyers to render free legal aid service
to indigents for 60 hours spread out in 12 months
with 5 hours per month
- Indigent and pauper litigants are those whose gross
income and that of their immediate family do not
exceed an amount double the monthly minimum
wage of an employee and those who do not own any
real property. They are exempt from payment of
docket fees and lawful fees as well as transcripts of
stenographic notes.
Canon 2.03. Solicitation (discussed together with Canon
3)
Canon 2.04. A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances so
warrant.
- Consider the IBP Chapter approved Schedules of
Attorney’s Fees
- To avoid demeaning and degrading competition
Information in making known Legal Services
Advertising
GR: A lawyer cannot advertise his talent, as he is a member of - Practice by those who are not licensed and those who
an honourable profession the primary purpose of which is to are suspended or disbarred lawyer
render public service and secure justice; remuneration is a
mere incident. Rule 9.01. A lawyer shall not delegate to any unqualified
person the performance of any task which by law may
EXC: (Forms of Permissible Advertisement) only be performed by a member of the bar in good
1. Writing legal articles; for legal publications in which standing.
he gives information upon the law but cannot accept - Who takes responsibility of the work product? The
employment from such publication to advise lawyer must own the work product (e.g. pleading)
inquiries in respect to individual rights of persons
2. Law lists but only brief biographical and informative Rule 9.02. A lawyer shall not divide or stipulate to divide
data a fee for legal services with persons not licensed to
3. Ordinary professional cards practice law, except:
4. Notice to other local lawyers and publishing in a legal a. Where there is a pre-existing agreement with a
journal of one’s availability partner or associate that, upon the latter’s death,
5. Proffer of free legal services to the indigent, even money shall be paid over a reasonable period of
when broadcasted over the radio or tendered time to his estate or to the persons specified in
through circulation of printed matter to the general the agreement; or
public b. Where a lawyer undertakes to complete
6. Simple announcement of the opening of a law firm or unfinished legal business of a deceased lawyer;
of changes in the partnership, firm name or office or
address, being for the convenience of the profession c. Where a lawyer or law firm includes non-lawyer
7. Listing in a phone directory, but not under a employees in a retirement plan, even if the plan
designation of a special branch of law is based in whole or in part on a profit sharing
arrangement
Solicitation of cases constitutes malpractice - To insure that the legal job is done by lawyers
- Dangerous for non-lawyers accept legal fees because
Use of Law Firm Name: non-lawyers are not subject to regulation of the SC
1. In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of THE LAWYER AND THE COURT
the name of a deceased partner is permissible
provided that the firm indicates in all its Canon 10. A lawyer owes candor, fairness and good faith
communications that said partner is deceased. This to the court.
rule abandoned the doctrine in the case of In Re: - Rationale: burden on judiciary would be intolerable if
Sycip. it cannot take at face value what is asserted by
2. Where a partner accepts public office, he shall counsel
withdraw from the firm and his name shall be
dropped from the firm name unless the law allows Rule 10.01—a lawyer shall not do any falsehood, nor
him to practice concurrently. consent to the doing of any in court; nor shall he mislead
or allow the court to be misled by any artifice.
Rule 8.02. A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another Cases of Falsehood:
lawyer; however, it is the right of any lawyer, without fear - Raising issues long laid to rest by a final and executor
or favour, to give proper advice and assistance to those judgment
seeking relief against unfaithful or neglectful counsel. - Making it appear that a person, long dead, executed a
- Do not steal clients deed of sale in the lawyer’s favour
- Not negotiate with client’s opponents without - Denying having received the notice to file brief which
consent of client denial is belied by the return card
- Presenting falsified documents before the court
Canon 9. A lawyer shall not directly or indirectly assist in
the unauthorized practice of law Article 184, RPC (Offering false testimony as evidence)
- Only those licensed by the IBP to practice law in this - Felony aside being an admin offense
jurisdiction
Rule 10.02—a lawyer shall not knowingly misquote or b. Office of the Ombudsman (criminal and
misrepresent the contents of a paper, the language or the administrative jurisdiction; Maceda v Ombudsman,
argument of opposing counsel, or the text of, a decision or 1993— can investigate a judge after referral or action
authority, or knowingly cite as a law a provision already by the SC)
rendered inoperative by repeal or amendment, or assert c. HR and Senate for SC Justices (impeachable officers)
as a fact that has not been proved.
- Quote statute word for word and cite properly source Rule 12.01—a lawyer shall not appear for trial unless he
- Quoting properly (word for word) and cite it has adequately prepared himself on the law and the facts
properly but the case is not applicable to the case at of his case, the evidence he will adduce and the order of
hand its proferrence. He should also be ready with the original
documents for comparison with the copies.
Rule 10.03—a lawyer shall observe the rules of - May file a Motion for Postponement of Hearing when
procedure and shall not misuse them to defeat the ends of a newly hired counsel appears in a case in midstream
justice.
- Litigation is not a game of technicalities Rule 12.02—a lawyer shall not file multiple actions
- See: Eternal Gardens Memorial Park v CA, 1998 arising from the same cause.
- Not abuse the Rules of Court to delay proceedings
Forum-Shopping
Canon 11. A lawyer shall observe and maintain the - As a result of or in anticipation of adverse opinion in
respect due to the courts and to judicial officers and 1 forum, a party seeks favourable opinion in other
should insist on similar conduct by others. forum (a) on the gamble that one will render a
- See: In Re: Almacen favourable disposition
- Lawyer’s first duty is to the courts - Elements:
- Not only to judges but also to judicial officers who o Same parties, same causes of action, same
take part in the judicial work issues, same reliefs (relate to res judicata and
- Obedience to court orders and processes litis pendentia)
- Criticism must be bona fide and must not be spill over - Evils:
the walls of decency o Duplicity or multiplication of suits
- Rules of Court designed for lawyers to criticize the o Double or multiple vexation of lawsuits
court; appeal is a way of criticism arising from only one cuase
o Clogging of court dockets
Rule 11,04. A lawyer shall not attribute a judge motives o Waste of time, energy and resources
not supported by the record or having no materiality to o May result in tribunals rendering conflicting
the case rulings.
- In re Aguas— The instructed witness not to look at
defendant’s lawyer ut instead focus his attention on Rule 12.03—a lawyer shall not, after obtaining extensions
the former. When the witness did not give heed to the of time to file pleadings, memoranda or briefs, let the
warning, judge arose from his seat and grabbed the period lapse without submitting the same or offering an
witness by the shoulder... Lawyer asked that the explanation for his failure to do so.
incident be placed on the record, was held in
contempt. Rule 12.04—a lawyer shall not unduly delay a case,
SC ruled that such act of insisting that the matter be impede the execution of a judgment or misuse court
placed on record is not contemptuous. Lawyers must processes
however be courageous enough to expose
arbitrariness and injustices of judges. Rule 12.05—a lawyer shall refrain from talking to his
- Wicker v Arcangel, 1996 witness during a break or recess in the trial, while the
- In Re Almacen, 1970 witness is still under examination
- To prevent a lawyer from coaching
Rule 11.05. A lawyer shall submit grievances against a - To uphold the truth
judge to the proper authorities only. Proper authorities
are: Rule 12.06—a lawyer shall not knowingly assist a witness
a. SC (has administrative disciplinary jurisdiction over to misrepresent himself or to impersonate another
them)
 - Lawyer should do no falsehood nor consent to the
doing of any in court
- Criminal liability (181-184)
Rule 12.07— a lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
- Rights of the witness under ROC (Sec 3, Rule 132,
ROC)
o To be protected from irrelevant, improper or
insulting questions and from harsh and
insulting demeanor
o Not to be detained longer than the interests
of justice requires
o Not to be examined except only as to matters
pertinent to the issue
o Not to give an answer which will tend to
subject him to a penalty for an offense unless
otherwise provided by law
 Right against self-incrimination of
an accused (allowed not to take the
witness stand) vs that of a witness
(allowed not to answer a question)
o Not to give an answer which will tend to
degrade his reputation, unless it be the very
fact at issue or to a fact from which the fact in
issue would be presumed. But a witness
must answer to the fact of his previous final
conviction for an offense.
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 If a lawyer discovers or knows that his client is guilty?
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.
- Conflict of the purpose of the lawyer (who is biased;
advocate) and the witness (to be impartial in
recounting)
- See: Santiago v Rafanan, 2004
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.
Rule 13.01—a lawyer shall not extend extraordinary and sufficient cause, an appointment as counsel de officio
attention or hospitality to, nor seek opportunity for or as amicus curiae or a request from the IBP or any of its
cultivating familiarity with judges.
- To protect the good name and reputation of both
lawyer and judge
- To avoid misconstructions of motives
- See: Lantoria v Atty Bunyi, 1992
Rule 13.02—a lawyer shall not make public statements in
the media regarding a pending case tending to arouse
public opinion for or against a party.
- Evil sought to be avoided:
o Trial by publicity; fair trial in the courts may
be hampered or interfered with
- See: Estrada v Sandiganbayan, 2003
Rule 13.03—a lawyer shall not brook or invite
interference by another branch or agency of the
government in the normal course of judicial proceedings.
Canon 14. A lawyer shall not refuse his services to the
needy
Rule 14.01—a lawyer shall not decline to represent a
person solely on account of the latter’s race, sex, creed or
status of life, or because of his own opinion regarding the
guilt of said person
Can a lawyer refuse to represent an accused on the sole
reason that he believes is guilty?
- No, otherwise he assumes the role of a judge.
- NOT APPLICABLE IN CIVIL CASES; it is the lawyer’s
duty to counsel or maintain such actions or
proceedings only as appear to him to be just
- Continue with the defense and use all FAIR AND
HONORABLE means in doing so
- See to it that DUE PROCESS is observed and that he is
accorded the correct penalty
- If prosecution fails to prove reasonable doubt, then
invoke for client’s acquittal. Under such
circumstance, the client is legally entitled to an
acquittal.
What if prosecution cannot prove guilt beyond
reasonable doubt even knowing the guilt of your client?
- Still fight for his acquittal because under our justice
system, he is still afforded the acquittal when guilt
beyond reasonable doubt not proved
Rule 14.02—a lawyer shall not decline, except for serious
chapters for rendition of free legal aid
- Legal profession is a public service
 - Counsel de oficio—strictly speaking, proper for Where the lawyer did not accept the case but represented
CRIMINAL CASES the adverse party after consultation by the other
- Hilario v Davide: not essential that the client should
Can an accused refuse a counsel de oficio? have employed or paid the lawyer professionally;
- Yes, if he has counsel de parte. If the accused mere consultation suffices to establish lawyer-client
manifests that he wants to hire counsel de parte, relationship. Lawyers should not represent
court should give him sufficient time to do so. conflicting interests
However, the accused cannot, without valid grounds, - Duty not to represent conflicting interests applies
refuse a counsel de oficio. even after attorney-client relationship is terminated

Can the judge assign a lawyer to render free legal aid to Rule 15.02—a lawyer shall be bound by the rule on
destitute or indigents in civil cases?
- Rule 138, Sec 31
Rule 14.03—a lawyer may not refuse to accept
representation of an indigent client unless:
a. Not in a position to carry out the work effectively or
competently;
- Unethical for a lawyer to accept the case and not
carry out the work competently
b. Labours under a conflict of interest between him and
the prospective client or between a present client and
the prospective client
- Conflict interests
o When the lawyer would argue a claim on one
hand and would have to argue the defense
against such claim on the other hand
- As lawyers, you owe 100% loyalty to your clients;
allowed to be biased
Rule 14.04—a lawyer who accepts the cause of a person
unable to pay his professional fess shall observe the same
standard of conduct governing his relations with paying
clients
Rule 15.01—a lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or his
own interest, and if so, shall forthwith inform the
prospective client.
- Unethical to continue asking questions about the
other party
privileged communication in respect of matter disclosed
to him by a prospective client
- Another instance of loyalty to the client
- Virtual confessional seal of the client’s secrets and
confidences
- All forms of communication are covered: oral,
written, actions, signs
- Sec 24(b), Rule 130, ROC
o Extends farther to the lawyer’s employees
without the consent of the lawyer and the
client
o Privilege communication protects lawyer
from testifying against client (must be with
the consent of the client)
Are pleadings confidential?
- Yes, before they are filed in court
Unprivileged communication
- Lawyer can be compelled to testify, or else he may be
cited in contempt of court
Basic limitations of privileged communication
A. Purpose of seeking legal advice
B. Not extend to communication of future crimes, a
person committing or about to commit a crime can
have no privileged witness; communication must be
for a lawful purpose or in furtherance of a lawful end.
For other wise, if the purpose is criminal, it is not
only lawful to divulge, but the lawyer should be
bound to disclose at once in the interest of justice

Rule 15.03—a lawyer shall not represent conflicting Privilege applies to law students under the Law Student
interests except by written consent of all concerned given Practice Rule
after a full disclosure of the facts
2-fold Purposes of the Rule:
Representing conflicting interests is a criminal offense a. To encourage client to make full disclosure without
(Aside from being an administrative offense) fear
- Betrayal of trust by an attorney (Art 209, RPC) b. To enable counsel to obtain full information so as not
- Treachery and double-dealing is condemned to mislead in the evaluation of the merits or demerits
of the client’s case
See: Regala v Sandiganbayan (focus on whether the identity of
the client is covered by the attorney-client privilege; if yes, are
there exceptions? If no, are there exceptions?)

Rule 15.05—a lawyer when advising his client, shall give

a candid and honest opinion on the merits and probable
results of the client’s case, neither overstating nor
understating the prospects of the case

Rule 15.06—a lawyer shall not state or imply that he is

able to influence any public official, tribunal or legislative
body
- Lawyer should rely on the merits of the case

Rule 15.07—a lawyer shall impress upon his client

compliance with the laws and the principles of fairness

On matters of law, it is the lawyer who should hold the reins.

Lawyers should advise clients on matters of decorum and

proper attitude towards courts of justice
- e.g. curbing the client’s desire to publicise the
litigation or to march to the streets and rally
- should know that sensationalizing a case may even
result to Trial by Publicity

Rule 15.08—a lawyer who is engaged in another

profession or occupation concurrently with the practice
of law shall make clear to his client whether he is acting
as a lawyer or in another capacity
- examples of another capacities: real estate broker or
agent, insurance adjuster, collection agent

Canon 17—a lawyer owes fidelity to the cause of his client

qand he shall be mindful of the trust and confidence
reposed in him
- relationship of lawyer-client is highly fiduciary and
demands utmost fidelity and good faith
- Fidelity to client’s cause is the essence of the legal
profession. Without this fidelity the lawyer cannot
survive because no client will engage his services
anymore