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CANON 9. A LAWYER SHALL NOT DIRECTLY OR Rule 11.04.

A lawyer shall not attribute to a Judge


INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE motives not supported by the record or have no
OF LAW materiality to the case.

Rule 9.01 A lawyer shall not delegate to any unqualified Rule 11.05. A lawyer shall submit grievances against a
person the performance of any task which by law may Judge to the proper authorities only.
only be performed by a member of the bar in good
standing.

Rule 9.02 A lawyer shall not divide or stipulate to divide


a fee for legal services with persons not licensed to CANON 9. A LAWYER SHALL NOT DIRECTLY OR INDIRECTLY
practice law, except: ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW

(1) Where there is a pre-existing agreement with a  Assistance to unauthorized practice of law,
partner or associate that, upon the latter’s Prohibited
death, money shall be paid over a reasonable o He must not take as partner or
period of time to his estate or to the persons associate in his law firm:
specified in the agreement; or  A person who is not a lawyer
 A lawyer who has been
(2) Where a lawyer undertakes to complete disbarred or suspended
unfinished legal business of a deceased lawyer;  A foreign lawyer who is not
or licensed by the Supreme Court

(3) Where a lawyer or law firm includes non-lawyer Rule 9.01 A lawyer shall not delegate to any unqualified
employees in a retirement plan, even if the plan person the performance of any task which by law may only
is based in whole or in part on a profit sharing be performed by a member of the bar in good standing.
agreement
 Delegation of legal work to an unqualified
CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND person is misbehavior
GOOD FAITH TO THE COURT. o A lawyer is prohibited from taking as
  partner or associate any person who is
Rule 10.01. A lawyer shall not do any falsehood, nor not authorized to practice, to appear in
consent to the doing of any in Court; nor shall he court or to sign pleadings
mislead, or allow the Court to be misled by any artifice.  Lawyers cannot delegate his authority without
client’s consent even to a qualified person
Rule 10.02. A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a Rule 9.02 A lawyer shall not divide or stipulate to divide a
decision or authority, or knowingly cite as law a fee for legal services with persons not licensed to practice
law, except:
provision already rendered inoperative by repeal or
(1) Where there is a pre-existing agreement with a
amendment, or assert as a fact that which has not been partner or associate that, upon the latter’s death,
proved. money shall be paid over a reasonable period of
time to his estate or to the persons specified in the
Rule 10.03. A lawyer shall observe the rules of agreement; or
procedure and shall not misuse them to defeat the ends (2) Where a lawyer undertakes to complete unfinished
of justice. legal business of a deceased lawyer; or
(3) Where a lawyer or law firm includes non-lawyer
CANON 11. A LAWYER SHALL OBSERVE AND MAINTAIN employees in a retirement plan, even if the plan is
based in whole or in part on a profit sharing
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
agreement
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT
BY OTHERS.
 If attorney’s fees were allowed to non-lawyers,
 
it would leave the public in hopeless confusion
Rule 11.01. A lawyer shall appear in court properly
as to whom to consult in case of necessity and
attired.
also to leave the bar in a chaotic condition,
aside from the fact that non-lawyers are not
Rule 11.02. A lawyer shall punctually appear at court
amenable to disciplinary measures
hearings.

Rule 11.03. A lawyer shall abstain from scandalous,


offensive or menacing language or behavior before the
Courts.
CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND  Foisting a non-existent rule to mislead the Court
GOOD FAITH TO THE COURT. is a violation of legal ethics
  Rule 10.03. A lawyer shall observe the rules of procedure
 A lawyer is an “officer of the courts”, he is, “like and shall not misuse them to defeat the ends of justice.
the court itself, an instrument or agency to
advance the ends of justice.”  Aim of lawsuit is to render justice, and the rules
 His duty is to uphold the dignity and authority of procedure are precisely designed to attain
of the courts to which he owes fidelity such objective
 Any lawyer who misuses the rules to frustrate
Rule 10.01. A lawyer shall not do any falsehood, nor consent the ends of justice deserves stern
to the doing of any in Court; nor shall he mislead, or allow condemnation
the Court to be misled by any artifice.  Judges should not condone the deliberate
abuse of the procedural rules by any member of
 The Attorney’s Oath mandates the lawyer the Bar
among other duties:  For truly, justice delayed is justice denied.
(a) To do no falsehood
(b) Nor, consent to the doing of the
same in court CANON 11. A LAWYER SHALL OBSERVE AND MAINTAIN THE
(c) To conduct himself as a lawyer RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
according to the best of his AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
knowledge and discretion with all  
good fidelity to the court  A lawyer’s first duty is to courts
 He occupies a quasi-judicial office with a
 Violation of the Attorney’s oath is a ground for tripartite obligation to the courts, to the public,
suspension or disbarment and to his clients.
 A lawyer has the duty not to mislead a judge o Public duties takes precedence over his
o A lawyer is held in contempt of court by private duties
raising issues long laid to rest by final o Where duties to the courts conflict
and executory judgment  Respect to the courts must be maintained.
 Any person who shall knowingly offer in  Respect towards the justices, judges, and
evidence a false witness or testimony in any officers of the courts (clerks of court, sheriffs,
judicial or official proceeding shall be punished and other judicial officers)
as guilty of false testimony and shall suffer the  Lawyers must be respectful not only in their
respective penalties actions but also in their use of language
whether in oral argument or pleadings
Rule 10.02. A lawyer shall not knowingly misquote or  Disrespectful acts and language are
misrepresent the contents of a paper, the language or the contemptuous
argument of opposing counsel, or the text of a decision or  The highest sign of respect to the courts is the
authority, or knowingly cite as law a provision already lawyer’s obedience to court orders and
rendered inoperative by repeal or amendment, or assert as
processes
a fact that which has not been proved.
 A lawyer’s unexplained failure to appear at the
scheduled hearing constitutes disrespect to the
 Prohibited:
court and is guilty of contumacious behavior
(a) Deliberate misquotation
 Lawyers should stand foremost in complying
(b) deliberate citation of an inoperative
with court orders obediently and respectfully
provision as law
(c) assertion of something as a fact which
Rule 11.01. A lawyer shall appear in court properly attired.
has not been proved
 A lawyer is prohibited from:
 To maintain the dignity and respectability of the
(1) Knowingly misquoting or misrepresenting legal profession, lawyers who appear in court
a. Contents of paper
must be properly attired.
b. Language or argument of opposing
counsel Rule 11.02. A lawyer shall punctually appear at court
c. Text of a decision or authority hearings.
(2) Knowingly citing as a law, a provision  It is the duty of the lawyer to be punctual in
already rendered inoperative by repeal or attendance and to be concise and direct in the
amendment trial and disposition of cases.
(3) Asserting as a fact that which has not been  He shall delay no man for money or malice.
proved  Failure to appear in a pre-trial conference may
 When a lawyer makes a quotation of a decision result in the non-suit or the dismissal of the
in his pleadings, he should quote the same complaint for failure to prosecute or in the
verbatim to avoid misleading the court declaration of the defendant as in default.
 Lack of punctuality interferes in the speedy  If complaint is administrative in nature, it must
administration of justice be filed with the Supreme Court
Rule 11.03. A lawyer shall abstain from scandalous,  If complaint is criminal and not purely
offensive or menacing language or behavior before the administrative in nature, it must be filed with
Courts. the Office of the Ombudsman
 Criminal complaints against judges in
 Lawyer’s language should be dignified, in connection with their duties as such must be
keeping with the dignity of the legal profession filed with the Supreme Court, not with the
 It is his duty to abstain from all offensive Office of the Ombudsman.
personality and to advance no fact prejudicial to  Complaints should not be coursed through the:
the honor or reputation of a party or witness o Media
 Rule 8.01 is general (“A lawyer shall not, in his o Military authorities
professional dealings, use language which is o President
abusive, offensive, or otherwise improper”). o Governors
 Rule 11.03 specifies “before the Courts”.
o Mayors
 Rule prohibits scandalous behaviors like:
o Or other officers or institutions which
o Unnecessary display of passion
are not the proper forums to
o Provocative or challenging gestures
investigate the judges and magistrates
o Shouting at the judges, witnesses, or
 If the complaints are based on impeachable
opposing counsel offenses, the complaint must be coursed
o Slapping, boxing, or challenging any one through the House of Representatives and the
in court to a fistfight or duel Senate in accordance with the rules of
 Lawyers must maintain ‘rule of the law’ and impeachment
not ‘rule of the jungle’  IBP cannot initiate and prosecute charges
 Raising one’s voice is a sign of disrespect against justices and judges
 The respect shown to courts helps build the  Article 8, Section 6 of the 1987 Constitution
high esteem and regard toward them which is explicitly vests in the Supreme Court
essential to the proper administration of justice administrative supervision over all courts and
 A mere disclaimer of any intentional disrespect court personnel
is not a ground for exoneration
 The lawyer’s disavowal of any offensive intent –
in using defamatory words – is of no avail.

Rule 11.04. A lawyer shall not attribute to a Judge motives


not supported by the record or have no materiality to the
case.

 Example of direct contempt: lawyer stating “it


shows the control of the accused over the court
and court procedure”
 Not a contemptuous act: Lawyer demanding
that the misbehavior of a judge be placed on
record
 While lawyers are prohibited to attribute
motives to a judge not supported by the record,
lawyers must however be courageous enough
to expose arbitrariness and injustices of courts
and judges

Rule 11.05. A lawyer shall submit grievances against a Judge


to the proper authorities only.

 A lawyer has the duty to defend a judge from


unfounded criticisms or groundless personal
attack, irrespective of whether he loses or wins
his cases in the sala of the judge.
 However, such duty does not prevent a lawyer
from filing administrative complaints against
erring judges or from accepting cases of clients
who have legitimate grievances against them.
 Complaint must be filed with the proper
authorities only.

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