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1. What is Canon 1?

Legal Ethics Recitation

October 26, 2010

CANON 1 provides that a lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes 2. What are legal ethics?

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. 6. What is the highest honor of a lawyer?

Legal Ethics That branch of moral science which treats of the duties that an attorney owes to the court, to his clients, to his colleagues in the profession and to the public. (Justice Malcolm) 3. What is the lawyers oath?

I, _______, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and 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 wittingly or willingly 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 to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God. 4. What is the rule of law?

Highest honor in a deserved reputation for fidelity to private trust and public duty, as an honest man and as a patriotic and loyal citizen 7. What is the four-fold duty of a lawyer?

The Four-Fold Duty of a lawyer: (1) Duty to the clients (2) Duty to the Courts (3) Duty to the Profession (4) Duty to the Public/ Society 8. Discuss the good moral character requirement of the lawyer?

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Duty to Act with Honesty, Morality and Lawful Conduct - Any of the three would be sufficient ground to file disciplinary proceedings against a lawyer. The dishonesty, gross immorality and violation of a law need not to be committed in relation to his professional duties; the lawyer may be sanctioned for acts committed in his private affairs. Gross immorality need not to be scandalous, punishable by law, neither it should be related to professional duties not there is lawyer-client relationship. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or in his private transactions. This is because a lawyer may not divide his personality as to be an attorney at one time and a mere citizen at another, and his private life may reflect unfavorably upon the good name and prestige of the profession and the courts.

Rule of law provides that decisions should be made by the application of known legal principles or laws without the intervention of discretion in their application (Blacks Law th Dictionary, 5 edition) 5. What are the duties of an attorney?

Sec. 20. Duties of attorneys. - It is the duty of an attorney: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; (b) To observe and maintain the respect due to the courts of justice and judicial officers; (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;

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9.

Legal Ethics Recitation

October 26, 2010

What are the effects of conviction on a crime involving moral turpitude?

17. Discuss. I will delay no man for money or malice. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Two duties: 1. Duty against barratry - Encouraging suits or legal actions must always be with noble intent to pursue or protect a right. 2. Duty not to delay any mans cause - Must not hinder a person in his pursuit of protection or right. 18. Discuss. The lawyers role in settlement of cases A lawyer shall encourage his client to avoid, end or settle the controversy if it will admit of a fair settlement (Canon 1.04) 19. Discuss. When may a lawyer compromise.

A lawyer is a. deemed to have become unfit to uphold the administration of justice and b. to be no longer possessed of good moral character. (page 17) 10. What is the rule on lawyers financial debt? The rule on lawyers financial debt: The lawyers nonpayment of debt is not an immediate basis for filing a disbarment case against him. We must bear in mind that, just like normal persons, lawyers incur debts; and that there are times when they dont get to pay their dues as well. It is the continued evasion of the lawyer, or refusal to pay that may be considered as ground for disbarment. 11. What is the rule on bouncing check? Issuing worthless checks to settle financial obligations is gross misconduct in view of its deleterious effects to the public interest an public order. 12. When may a lawyer be sanctioned for gross misconduct? The moment he committed the act of gross misconduct a case may already be filed against him. 13. What is the rule of acquittal of a lawyer if it is a criminal case? A lawyers acquittal in a criminal case does not bar disbarment proceedings against him. First, it may be the case that the prosecution was just not able to prove guilt beyond reasonable doubt. An acquitted person is not necessarily innocent. Second, a criminal case acts in a different capacity from disbarment proceedings. They are not of the same class. Disbarment proceedings can proceed independently of civil and criminal cases. 14. What is barratry? Barratry the offense of frequently exciting or stirring up quarrels and suits, either at law or otherwise. 15. Who commits barratry and what is he called? Barratry is the offense of frequently exciting or stirring up quarrels and suits, either at law or otherwise. The person who engaged in barratry is a barretoror barrator. 16. What is maintenance? Maintenance refers to the intermeddling of an uninterested party to encourage a lawsuit.

A lawyer can only get involve in compromise settlements if he/she has a special written authority to do so from his client. 20. Discuss. Duty of a lawyer to the defenseless or oppressed Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Lawyer is duty bound to serve marginalized citizens. The rule mandates all lawyers to accept as clients those who may have found themselves in the fringes of society 21. Discuss. Rule on solicitation of business It is the duty of the lawyer to shun vulgar solicitation because practice of law is not a business. But dignified solicitation is allowed such as 1. Use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice 2. Advertisement in legal periodicals bearing the same brief facts 3. Publication in reputable law lists of brief biographical and informative data 22. Discuss. What is the best advertisement of lawyers The best advertisement that a lawyer can have is their good reputation for professional capacity and fidelity to trust. 23. Enumerate the allowed forms of advertisement. 1. Use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice 2. Advertisement in legal periodicals bearing the same brief facts 3. Publication in reputable law lists of brief biographical and informative data

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24. What is ambulance chasing?

Legal Ethics Recitation

October 26, 2010

One seeking out persons in negligence cases and directing them to an attorney in consideration of a percentage of the recovery A term descriptive of the practice of some attorneys, on hearing of a personal injury which have been caused by negligence or wrongful act of another, of at once seeking out the injured person with a view to securing authority to bring action on account of the injury. 25. What is to what extent can lawyers lower his fees? A lawyer may only lower his fees to what is customarily prescribed. 26. How should a lawyer announce his legal services? Ordinary simple professional card is permitted: may contain a statement of his name, his law firm name, address, and special branch of law practice. Use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice Advertisement in legal periodicals bearing the same brief facts Publication in reputable law lists of brief biographical and informative data 27. Rule on selection of firm name a.) Deceased b.) Retired

- If sole practitioner, only the name that appears in the rolls of attorney 31. What are associates? Associates refer primarily to the firms employees. 32. What is counsel de officio? A lawyer assigned by the court 33. What are the rules of a lawyer joining the government? 1. Partner accepts public office, he shall a. withdrawal from the firm and b. his name shall be dropped from the firm name unless the law allows him to practice law currently. Public officer is prohibited to engage in the private practice of their profession unless allowed by the Constitution

2.

34. What is MCLE? MCLE refers to Mandatory Continuing Legal Education 35. What is the primary purpose of a public prosecutor? To see that justice is done 36. Discuss. Membership of lawyer in IBP Membership in IBP is mandatory, as a condition for the exercise of the legal profession in the Philippines. Thus, payment of IBP dues is mandatory. 37. Discuss. Duty of professional courtesy The duty of professional courtesy refers to the duty of lawyers to uphold the dignity of the legal profession. It may be done by honorably, fairly and candidly towards each other. 38. Can a lawyer advice a client to file disbarment against another lawyer? Yes, Advising a client to file disbarment case against opposing client is not unethical where the lawyer was compelled in good faith to do so, and it was done with no improper motive, lawyer cannot be found guilty of instigating disbarment proceedings against a brother attorney. 39. Can a lawyer share his fees to non-lawyers? Why? Exception? Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or

Deceased

It is permissible provided that the firm indicates in all its communications that said partner is deceased.

Retired

A retired partner can be in a of counsel status and retain his name in the firm name esp. if the firm name has been longestablished and well- recognized and communications about the lawyers status clearly indicate that he is retired. 28. What is the name a lawyer should use in practice? In his practice of law, the lawyer can only use the name which is written in the Roll of Attorneys. 29. What is the name a lawyer should use in practice if it is a foreign firm? Foreign firms are not allowed to practice in the Philippines. Hence, no name is needed 30. What is the name a lawyer should use in practice if it is an assumed or trade name? Use or Assumed Trade Name is not allowed - the law firm name is derived from the surnames of the founding members of the law firm.

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Legal Ethics Recitation

October 26, 2010

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or (c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. 40. What is dilatory? According to Blacks Law Dictionary, dilatory refers to a defense which temporarily obstructs or delays a lawsuit but does not address the merits. 41. Can you file by fax or e-mail? Why? Exceptions? No, actual filing is required to show authenticity. 42. What is a shyster? In legal ethics, it is a non- lawyer pretending to be a lawyer. 43. Assuming you passed the bar examination is it your right to practice the law? Why? A bar exam passer has no authority to practice law. He must first take their oath and sign the roll of attorneys. 44. Discuss. The rule on professional encroachment. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Lawyer shall not steal another lawyers client 45. What department does public prosecutor work in? Judicial Department 46. Difference of fiscal and Sol Gen The Solicitor General is the principal law officer and legal offender of the Government. Meanwhile, a fiscal or the prosecuting attorney is the one who always represent the government in trial proceedings. Although they both represent the government, the solicitor general has a higher position. 47. Discuss. CPR to government lawyers. How it applies. Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Public officials that are prohibited to engage in the practice of law: 1. Judges and other officials or employees of the superior court; 2. Officials and employees of the Solicitor general. 3. Govt prosecutors;

4. President, Vide- President, Members of the Cabinet, their deputies and assistants; 5. Members of the Constitutional Commissions 6. Ombudsman and his deputies; 7. All governors, city and municipal mayors; 8. Prohibited by special law. Exceptions: Under Sec. 7 of RA 6713/Code of Conduct of Ethical Standards for Public officials and Employees, a public officer is prohibited to engage in the private practice of their profession unless authorized by the Constitution or law provided that such practice will not conflict or tend to conflict with their official functions. Member of congress who are lawyers may practice law provided they may not personally appear as a counsel before any court of justice, or before electoral tribunals, or quasi- judicial and other administrative bodies. Hence, they may retain their names in the law firm names. The same also applies to Members of the Sangguniang who are lawyers. 48. Discuss. The rule when law partner joins government Partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. 49. Discuss. The rule when law partner becomes a senator When a lawyer becomes a senator, he does not have to withdraw from the law firm. He can still practice law because of the nature of that public position. However, he is not allowed to personally appear as counsel before any courts of justice or before the election tribunals or quasi-judicial or other administrative bodies. 50. Discuss. The rule when law partner becomes a congressman Member of congress who are lawyers may practice law provided they may not personally appear as a counsel before any court of justice, or before electoral tribunals, or quasi- judicial and other administrative bodies. Hence, they may retain their names in the law firm names. The same also applies to Members of the Sangguniang who are lawyers. 51. Discuss. The rule when law partner becomes a governor Since governor is one of those prohibited to engage in the practice of law, then, the law partner shall withdraw from the firm and his name shall be dropped.

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Legal Ethics Recitation

60. What is champertovs contract? CHAMPERTOUS CONTRACTS:

October 26, 2010

52. Discuss. The rule on law partner acquires an executive position. When a law partner acquires a position in the executive branch of the government, he is generally not allowed to practice law. Therefore, he must withdraw from the law firm. 53. What do associates mean in a firm name? Associates describe those who are employees of the firm. It can be misleading in two situations: 1. Where two lawyers are partners and they share both responsibility and liability; and 2. Where two lawyers practice separately sharing no responsibility and liability. 54. Discuss .the rule in quoting judicial decisions Court decisions must be reproduced, copied or quoted wordfor-word and punctuation-mark-for-punctuation mark 55. What is plagiarism? Blacks Law Dictionary defines plagiarism as the deliberate and knowing presentation of another persons original ideas or creative expressions as ones own. 56. What is the duty to defend the defenseless or the oppressed? General Rule: Lawyer is duty bound to serve these marginalized citizens. The rule mandates all lawyers to accept as clients those who may have found themselves in the fringes of society 57. Can a lawyer charge interest in attorneys fees. Exceptions. The stipulated interest in unpaid attorneys fees was disallowed. (page 315) because contracts for attorneys services in this jurisdiction stands an entirely different footing from other service contract 58. Can a lawyer accept clients properties as payment ?rule an exception As general rule, a lawyer can accept properties as payment. However, a lawyer cannot accept as the property in litigation as payment until after the case where that property is involved has been terminated. 59. What is champerty? CHAMPERTY: buying into someone elses lawsuit, its the arrangement in which a 3rd party (or even the litigation lawyer) supports anothers litigation in exchange for a share of the proceeds, if there are any. If there are none, the party litigant would not have to pay the person or entity which financed the litigation. Any amount advanced would not have to be returned. Champerty is prohibited on the ground of public policy, it violates the fiduciary relationship between the lawyer and his client. Its also a form of maintenance (intermeddling of an uninterested party, in short, epal).

An agreement between a third person and a party litigant or a lawyer and his client wherein the third person with respect to the party litigant or the lawyer with respect to his client, supports the party litigants or the clients litigation in exchange for a share of the proceeds emanating from the litigation, if there are any. 61. What is a lawyer obligated to pay for the cost of litigation? The lawyer is never expected to pay for the costs of litigation. He may advance payment, but that will be subject to reimbursement. 62. Discuss the factors in determining attorneys fees Rule 20.01 A lawyer shall be guided by the following factors in determining his fees: a. the time spent and the extent of the service rendered or required; b. the novelty and difficulty of the questions involved; c. The importance of the subject matter; d. The skill demanded; e. The probability of losing other employment as a result of acceptance of the proffered case; f. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g. The amount involved in the controversy and the benefits resulting to the client from the service; h. The contingency or certainty of compensation; i. The character of the employment, whether occasional or established; and j. The professional standing of the lawyer. 63. Discuss the factors modes of billing a client. a. b. c. Hourly fee basis Contingent agreement Combination agreement: the lawyer may bill a combination of hourly billing and contingency rate but at reduced rates

64. What is the referral system? The lawyers referral system refers to the system developed by the lawyers in order to help clients. Its aim is to help individuals who are capacitated to pay to look for lawyers who are competent enough to handle their particular problems. 65. How should a lawyer announce his qualifications to a case? Ordinary simple professional card is permitted: may contain a statement of his name, his law firm name, address, and special branch of law practice.

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Legal Ethics Recitation

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October 26, 2010

until his lawful fees and disbursements have been paid, and to apply such to the satisfaction thereof. (Rule 138, Sec. 27 of Rules of Court)

Use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice Advertisement in legal periodicals bearing the same brief facts Publication in reputable law lists of brief biographical and informative data 66. What is PAO? Public Attorneys Office 67. Difference of PAO and Public Prosecutor PAO(Public Attorneys Office) is an attached agency of the Department of Justice which provides indigent litigants free legal assistance. Meanwhile, the public prosecutor is an employee of the Judicial Department who represents the government in court proceedings. Their presence is a requirement in certain types as cases such as criminal proceedings or annulment proceedings. 68. Why would a lawyer want to refer to another lawyer? When knows that he cannot do the job as efficiently as the other lawyer. It is the responsibility of a lawyer to ensure that the client is able to get the service he needs. 69. Can a lawyer accept money from another client? Exceptions. Duty not to accept any compensation in relation to a clients case except from the client himself Exception: Such a payment may be allowed provided it is with full knowledge and consent of the client and subject to the condition that that lawyer reasonably believes that the clients best interest will not be adversely affected 70. What is assumpsit? Assumpsit literally means he undertook, or he promised. It is a common law concept which refers to a cause of action for the recovery of damages for the non-performance of a parol contract or a contract not under seal or record. In short, its the lawyers remedy for work and labor done, and services rendered but unpaid.= 71. What is contingency fee? Lawyers contingency fee - payment conditional upon success 72. What is retaining lien Retaining lien is the right of an attorney to retain the funds, documents and papers of his clients which have lawfully come into his possession

73. What is Quantum Meruit and when is it relevant?

Quantum meruit literally means as much as he deserves. It describes the extent of liability on a contract implied by law. It is an equitable doctrine where the lawyer must be paid with a reasonable compensation for the labor and materials he furnished, even though there is no specific contract for them. Rillaroza v Eastern Telecommunications provides that it is relevant in determining the amount of compensation to be paid to the lawyer under the following circumstances: a) no express contract between the client and lawyer as to the payment of attorneys fees, b) the formal contract for attorneys fees are found to be unconscionable or unreasonable by the court, c) the contract for the attorneys fees is void due to formal defects of execution, d) the counsel, for justifiable cause, was not able to finish the case to its conclusion e) the lawyer and the client disregarded the contract for attorneys fees
74. Can a client ask the lawyer to keep his identity a secret? Exceptions. General rule on transparency in the identity of the client: as a matter of public policy, a lawyer may not invoke the communication privilege and refuse to divulge the name or identity of his client because: - The court has the right to know that the client whose privileged information is sought to be protected is flesh and blood. - The privilege exists only after the attorney-client relationship has been established. - Privilege generally pertains to the subject matter of the relationship. - Due process require that the opposing party should know his adversary. Exceptions to the general rule: Info relating to the identity of the client may fall within the ambit of the privilege when the clients name itself has an independent significance, such as disclosure would then reveal clients confidences. 75. Discuss the lawyer client privilege. Attorney- client privileged defined- in the law of evidence, it is the clients privilege to refuse to disclose and to prevent any person from disclosing confidential communication between him and his attorney.

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Legal Ethics Recitation

Compiled by: Chiongson, Shar Haulo, Osh Sy, Diana

October 26, 2010

76. Can a lawyer unilaterally withdraw from a case? Exceptions. Generally, a lawyer cannot unilaterally withdraw from a case since it will be detrimental to the interest of the client. It may only be done upon identifying good cause and providing notice. 77. What is an attorneys lien? The right of a lawyer to hold a client's property or money until payment has been made for legal aid and advice given. 78. What is a notice of lis pendens? Notice of lis pendens is proper in the following cases: (Viewmaster Construction Corp vs. Maulit) 1. An action to recover the possession of real estate 2. Action to quiet the title thereto 3. Action to remove clouds thereon 4. Action for partition 5. Any other proceedings of any kind in Court directly affecting the title of the land or the use or occupation thereof or the buildings thereon 6. Necessary to protect the lawyers right to his attorneys fees especially since the clients allegedly intended to defraud their lawyer (Alberto vs. CA) 79. When can you terminate a lawyer client relationship? According to Rule 22.01, a lawyer can only terminate the lawyer-client relationship under the following cases: (a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; (b) When the client insists that the lawyer pursue conduct violative of these canons and rules; (c) When his inability to work with co-counsel will not promote the best interest of the client; (d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; (f) When the lawyer is elected or appointed to public office; and (g) (Other similar cases. 80. What is an acceptance fee? ACCEPTANCE FEE: Its an absolute fee arrangement which entitles a lawyer to get paid for his efforts regardless of the outcome of the litigation 81. What is a referral fee? Applicable in instances where legal work would have to be shared between two or more lawyers In this case, fees would have to be shared between these lawyers proportionately on the basis of the proportion of services they render or by agreement between/among the lawyers with the prior consent of the client (page 328)

Many thanks to the following sources and authors: Legal Ethics book of Atty. Funa Ampong.Haulo.Rico. Legal Ethics Reviewer Surprise Comic Strip!!!! Sorry could not help it. Stress reliever only. =) - Shar

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