Canon 13 13.

01 Extraordinary attention or hospitality to judges should be avoided Lawyers should not also seek for opportunity to cultivate familiarity with judges Discussing cases with judge privately should be avoided It is an impropriety for a judge to meet privately with an accused Reason: protect the good name of judge, and lawyer; independence of judges must be protected at all times so that the administration of justice may not be exposed to destructive suspicions before the scrutinizing eyes of litigants and the public as a whole

14.03 Indigent - those who can hardly afford May refuse to accept o Not in a position to carry out the work effectively or competently - Can refuse if you cannot function effectively, attend to client with same vigor in representing in cases with pay; if one is inexperienced on the nature of the case CONFLICT OF INTEREST o Between client and prospective client o Lawyer and prospective client - i.e. religious conviction, prospective client is relatives People vs. Cawili - malpractice because he failed to file pleading within reglementary period, because wife can not afford photocopy

13.02 Public announcements to arouse public opinion for or against a party is condemned Test when public statement is contemptuous: character of act done and its direct tendency to prevent and obstruct the discharge of official duty Trial by publicity, when prejudicial - allegation and proof that the judges have been unduly influenced, not simply that they might be, by the barrage of publicity Lawyer is equally guilty as the client if he induces the latter to cause the publicity o Exception: if the case has already been finished, courts are subject to the same criticism as other people CANON 15 Candor, fairness, and loyalty distinguished Candor - refers to the merits of the case Fairness - when you have the guts to disclose conflict of interest Conflict of interest - when in behalf of one client it is his duty to contend for that which duty to another he is required to oppose; pursue an issue positively in behalf of one client but has to pursue it negatively in behalf of his other client. Lawyer shall not invite interference by another government agency in the course of judicial proceedings Reason: preserve independence of judges in performance of their duties If client insists in getting your services, make him write a waiver Both clients should give consent - prospective and prior After full disclosure of the facts Loyalty - privileged communication, outlives the life of the client Can be disclosed to partners, except when client holds otherwise.

13.03

CANON 14 14.01 Lawyer cannot decline to represent a person for the SOLE reason of the latter's race, sex, creed, status in life, or because of the Lawyer's opinion that said person is guilty of the charge. Reason: if he does, he assumes character of a judge Applicable only in criminal cases, accused enjoys presumption of innocence. Not applicable in civil cases.

15.02 Privileged communication requisites: 1. Lawyer-client relationship 2. Communication was made by the client to the lawyer in the course of the Lawyer's professional employment 3. Communication was intended to be confidential No presumption of confidentiality, client must intend the communication to be confidential Also applies if the matter is in the nature of consultative aspect, and preparatory to a possible hiring. Applies to prospective clients Applies to information on crimes or frauds already committed o NB: Applies to the identity of the client is intended to be confidential, even after termination of the relationship (Regala vs. Sandiganbayan) Duration of Privilege: even after termination of lawyer-client relationship, ceases only when waived by the client himself, or after his death, by his heir or legal representative Contents of pleading cease to be privileged when they have been filed.

14.02 Counsel de oficio must be zealous and enthusiastic Right to counsel de oficio does not cease upon conviction Amicus Curiae has no control over the case, but he wants to emphasize that he has superior knowledge as compared to the court, a totally disinterested person, seeking the ends of justice. Free Legal Aid - not charity cannot refuse legal aid particularly if it comes from IBP. Can refuse: overly clogged, abusive

Party who avers that the communication is privileged has the burden of proof of showing that it is, unless from the face of the document it appears that it is privileged Who can invoke privilege other than lawyer - client. Extends to members or staff of lawyer/firms, students/interns in law firms. If communication is Unprivileged, lawyer is still prohibited from voluntarily revealing or using to his benefit at the disadvantage of the client said communication UNLESS the client consents thereto

Reason: promote respect for law and legal processes Lawyer should temper his client's inclination to appeal notwithstanding the clear absence of success If lawyer, finds the cause of the client to be defenseless, he should advise the latter to acquiesce and submit

15.06 Influence-peddling is not included in practice of law 15.07 Lawyer must promote respect for the law The lawyer must restrain his clients from committing improprieties offensive to the judicial and legal system o --On matters of law, it is the client who yields to the lawyer Lawyer must employ only fair and honest means to attain the lawful onjectives of his client, he should not allow his client to dictate the procedure in handling the case

LIMITATIONS: 1. Communication must have been transmitted to the counsel by the client for the purpose of seeking legal advice, OTHERWISE, there is NO PRIVILEGE 2. Does not extend to those transmitted in contemplation of future crimes or frauds 3. Existence of an unlawful purpose prevents the privilege from attaching.

15.08 15.03 Tests in determining Conflict of Interest -whether the acceptance of a new relation would prevent the full discharge of the Lawyer's undivided fidelity and loyalty to the client or invited suspicion of unfaithfulness or doubledealing in the performance of that duty -fight/claim for another, at the same time oppose it for another -whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment * Important criterion is probability, not certainty of conflict. 16.02 It applies even if the conflict pertains to the lawyer's private activity or in the performance of a function in a nonprofessional capacity Funds of client not to be commingled with the funds of counsel When lawyer is currently engaged in another business he must clarify in what capacity he is acting, for there are certain ethical considerations governing the client-lawyer relationship which may be operative in one and not in the other.

CANON 16 16.01 Lawyer cannot unilaterally appropriate the money for himself the money of his client for payment of his attorneys fees which the client owes him Lawyers cannot disburse client's moneys to creditor without authority. He needs special power to effect such payment.

Representing conflicting interests may be authorized, when: 1. Client has given his written consent thereto; and 2. After a full disclosure of the facts to him - explain the nature and extent of the conflict and possible adverse effect --A lawyer's immutable duty to a formewhistling does not cover transactions that occurred beyond the Lawyer's employment with client, not for matters that arose after the lawyer-client relationship has been terminated. 15.04 Consent in writing is required to prevent future controversy on the authority of the lawyer in acting as mediator, conciliator or arbitrator.

16.03 Lawyer's failure to deliver upon demand gives rise to the PRESUMPTION that he has misappropriated the same for his own use and to the prejudice of his client and in violation of the trust reposed in him 16.03 refers to CHARGING LIEN - a lien to the extent of his atty's fees and legal disbursements on all judgments and executions he has secured for his client, it does not extend to Retaining lien of documents and exhibits presented in court

To enforce CHARGING LIEN, he must have 1. Caused statement of such lien to be entered upon the records of the court which rendered the favorable judgment; 2. With written consent to the client and adverse party Lawyer cannot be deprived of his fees thru settlement/compromise/dismissal by client of his case during it's pendency, UNLESS, lawyer consents to the same

15.05 Overstatement or understatement of prospects of case is not proper, lawyer should first have obtained sufficient understanding of the client's cause

Charging Lien may be assigned, it survives the death of the client, provided, it as already been registered in the records of the case When charging lien is ENFORCED, lawyer-client rship is terminated

18.01

Diligence of a good father of a family is required

16.04 A lawyer shall not borrow money from his client unless he client's interests are fully protected by the nature of the case or by independent advice; OR WHEN IT IS NECESSARY IN THE INTERST OF JUSTICE TO ADVANCE NECESSARY EXPENSES IN A LEGAL MATTER HE IS HANDLING FOR THE CLIENT What you can not do directly, you can not do indirectly. Lawyer can not purchase - from client or at an auction, mortgage or foreclosure. Property subject of litigation If property is not subject of litigation, lawyer can Determine if its contingent - if it is a gamble, "if" makes it contingent - valid Or if it is champertous contract - lawyer will forward all expenses, provided they win, they share - VOID Barratry and ambulance chasing is not allowed. Account means that you are readily accountable. Dismissal by the client is valid even if without any reason. If dismissal by client, for valid reason - lawyer shall be entitled to full payment of attorney's fees. If dismissal by lawyer, for valid reason (death, illness) - shall be based on quantum meruit Means" as much as he deserves". Lawyer may keep documents in his custody as long as he has a retaining lien. Documents which come into possession of lawyer, during lawyer-client relationship, for the client's protection If document forms part of pleading as annex or exhibit it loses it's private character.

Implication of acceptance of cases - an implied representation that he possesses the requisite degree of academic learning, skill amd ability in the pratice, and that he will exert his best judgment in the prosec or defense of the litigation entrusted to him; and that he will exercise reasonable and ordinary care and diligence in the pursuit of defense of the case o EXCEPTION: When client consents that lawyer can take as collaborating counsel another lawyer who is competent on the matter

18.02 Lawyer is duty-bound to prepare for trial with diligence and deliberate speed.

18.03 For the lawyer to be held liable for his failure to exercise reasonable care, skill and diligence, the same must be the proximate cause Lawyer has no right to waive client's right to appeal A lawyer should adopt a system which will assure him of receiving judicial notices properly Lawyer should accept only so much cases he can handle

18.04

Charging Lien vs. Retainer's Lien Charging lien survives the death of lawyer or client, it can be assigned. Probate court cannot award charging lien, but may be challenged thru estate proceedings

Client must be kept informed of the status of the case Duty of party-litigant: to be in contact with his counsel from time to time I order to be informed of the progress of the case. No prudent party would leave the fate of his case to his lawyer entirely. They should give the necessary assistance to their counsel for what is at stake is their interest in the case.

CANON 19 Lawyer's duty is to ghe administration of justice, his client's success is wholly subordinate to it

19.01 CANON 17 Fidelity to cause of client must always be maintained Great trust of lawyer is to be performed within the bounds of law Relationship of lawyer-client is highly fiduciary and demands utmost fidelity and good faith. Negative pregnant defense is frowned upon by law, it is a qualified admission, and denial is conjunctive. Denial but admits of some facts. Lack of knowledge is frowned upon unless it is privileged communication. Lawyer shall not file or threaten to file any unfounded/baseless cases against adversaries of his client designed to secure leverage to compel adversaries to yield to his client's claims o --Blackmail. Extortion.

CANON 18 Decline case if he is not an expert or not knowledgeable therein, but if client insists, with client's consent, he can engage services of another counsel

19.02 Lawyer shall not allow his client to perpetrate fraud. If client persists in such conduct, lawyer should terminate their relation

When is a lawyer negligent? There is presumption of diligence in law - law presumes that he is doing it with diligence. Attack by showing proof that there is negligence. Party alleging negligence has burden of proving.

19.03 Lawyer must not accede, but instead resist his client's unlawful requests or instructions In matters of procedure, where he is skilled, he is in control but not as to the subject matter of the case Even if a lawyer believes that the appeal of his client is frivolous, he cannot move to dismiss the same without consent of his client. His remedy is to WITHDRAW FROM THE CASE. ***

Champertous contract - where lawyer agrees to spend for all litigation expenses in consideration of a bigger percentage as fees in the property subject of litigation -- is VOID for being against public policy Attorney's Fees based on QUANTUM MERUIT (as much as he deserves) is AUTHORIZED when: 1. There is no express contract for payment of attorney's fees agreed upon b/w lawyer and client 2. When although there is a formal contract, fees are found unconscionable/unreasonable by the court

CANON 20 20.01 do not degrade profession by lowering fees; you can increase your fees. Amount involved in controversy - should not be exorbitant or unconscionable 3. When contract is void due to purely formal matters or defects of execution 4. When the counsel for justifiable cause, was not able to finish the case to its conclusion 5. When the lawyer and client disregard the contract for attorney's fees and placed themselves as though there was no express stipulation as to attorney's fees IT IS ESSENTIAL that there is AN ACCEPTANCE OF BENEFITS by one sought to be charged for the services rendered under circumstances as reasonably to notify him that the lawyer performing the task was expecting to be paid compensation therefore. Factual, legal or equitable justification for the award of attorney's fees must be set forth in the text of the decision TO BE JSUTIFIED. IF, only in the dispositive part of decision it will BE DISALLOWED ON APPEAL. It must be SPECIFICALLY PRAYED FOR, PROVEN, and JUSTIFIED IN THE DECISION ITSELF. NB: Legal interest cannot be imposed on attorney's fees. Award of attorney's fees MUST BE DELETED where moral and exemplary damages were eliminated.

Attorney's Fees Two Concepts o Ordinary - taken in the ordinary course of business, win or lose you get the fee o Extraordinary Fee - fee taken from the damages that was awarded by the court TO CLIENT, only available if you win, UNLESS agreed to pertain to lawyer as additional compensation Employment by the lawyer, serves as legal basis of his right to demand compensation for his services. Consequently, he cannot recover from one who didn't employ/authorized his employment, no matter how valuable the services may have been to that person. BUT, if he was ALLOWED TO REPRESENT in a proceeding, he is entitled to reasonable fees quantum meruit under quasi-contract Engage a law firm, employ the whole firm Time of fixing attorneys fees - commencement of lawyerclient relationship Written contract of attorneys fees is law between lawyer and the client, as long as it does not contravene law, good morals, public policy, good customs or public order

Stipulated attorney's fee is conclusive, EXCEPT 1. Absence thereof - basis is quantum meruit 2. Amount fixed is unconscionable If both parties have legitimate claims against each other, an award of attorney's fees would not be warranted. Where what the lawyer handles is merely a labor case, his attomey's fees should not exceed 10%

IMPLIED CONTRACT - no agreement, oral or express, but the client allowed the lawyer to render legal services not intended to be gratuitous without objection, and the client is benefitted by reason thereof Pauper while exempted from paying legal fees, is not exempted from paying attorney's fees

GUIDES IN DETERMINING ATTORNEY'S FEES ON QUANTUM MERUIT BASIS -guide is not controlling, resorted to only when there are no conclusive contracts for attorney's fees which could be enforced without objections -judge and expert opinion are NOT CONTROLLING -requires FULL BLOWN TRIAL because the factors must be established by evidence 1. Time spent and extent of services rendered or required 2. Difficulty and novelty of questions involved 3. Importance of subject matter

Ambiguities in contract - interpretation in favor of client is to be adopted Kinds of Retainer Agreements on Attorney's Fees 1. General Retainer/Retaining Fee - future services of the lawyer are secured to the retaining client, it is paid w/n there are cases referred to the lawyer 2. Special Retainer - fee for specific case/service rendered by the lawyer for a client. Percentage basis charge, could not be charged in the absence of an agreement to the same

Reason: to commensurate the greater responsibility to be discharged by the lawyer 4. Skill demanded of the lawyer NB: courts may take judicial notice of the skill and competence of lawyers. Ability and competence must be judged by the character and quality of his work 5. Probability of losing other employment 6. Customary charges for similar services and schedule of fees of IBP Reason: to avoid unnecessary competitions among lawyers on the matter of rendering legal services 7. Amount involved in the controversy and the benefits resulting to the client from the service 8. Contingency or certainty of compensation Contigent fee is not per se prohibited by the law, but its validity depends on the reasonableness of the amount fixed, under the circumstances. Art. 1491 prohibits the sale or assignment to the lawyer by his client of the property subject of the litigation DURING THE PENDENCY OF TE LITIGATION INVOLVING THE PROPERTY. CONTINGENT FEE is NOT COVERED bec the transfer/assignment takes effect ONLY AFTER THE FINALITY OF A FAVORABLE JUDGMENT. Champertous Contract vs. Contingent fee 1st is void, may be paid only in kind; latter may be paid in cash. In the former, counsel undertakes to bear all legal expenses, whereas in the latter, there is no such undertaking 9. Character of employment, whether occasional or established 10. Professional standing of the lawyer 20.02 Proportion may be agreed uoon by ocunsels and client, and in case Of disagreement, the court may fix the proportional division of fees. Compensation to an attorney for merely recommending another lawyer is improper, to do so, would degrade the profession as to commercialize it. Attorney's fees for legal services are prohibited to be shared to non-lawyers. It is immoral.

Controversies with clients regarding attorney's fees must be avoided, he should try to settle the same amicably, EXCEPT to prevent o Imposition o Injustice o Fraud Judicial action to recover fees may be done in the same case or in a separate civil action NB: It must be filed with the court before judgment had been satisfied or before the proceeds were delivered to the client Client's shall not lose everything for attorney's fees

CANON 21 Confidence - information protected by the lawyer-client privilege Secret - other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client No presumption of confidentiality must be INTENDED TO BE CONFIDENTIAL. If advice sought is not legal advice but something else like accounting, business or personal advice, the privilege does not attach to communication disclosed for such purpose. Canon applies to confidences and secrets of prospective clients. It must be made to the lawyer in his professionally capacity. Mode of communication: oral, written or through other means

21.01 Exceptions to Revelation of Confidences and secrets of the clients When properly authorized o In writing, after full disclosure of facts, nature and possible adverse effects thereof o NB: if witness to be examined in regard of privileged communication is the lawyer's secretary, stenographer or clerk involving facts acquired in such capacity. BOTH CONSENT OF CLIENT AND LAWYER IS REQUIRED. When required by law o Privilege cannot be used to frustrate justice o Involves future crime or frauds, announced intention to commit a crime when necessary to collect fees or to defend himself or staff and his associates o He is however permitted only to make disclosures which are necessary for his action or defense and not to go beyond what is relevant and material

20.03 21.02 Rationale: to secure fidelity of lawyer to his client's cause and to prevent a situation where the receipt by him of a rebate or commission from another with client's business may interfere with the full discharge of his duty to his client. Exception: when the client has full knowledge and approval thereof 20.04 Exception: if the client with the full knowledge of the circumstances consents to the use thereof 21.03 A lawyer shall not give information from his files to an outside agency seeking information for auditing, statistical, bookkeeping, accounting, data processing or any similar purpose, EXCEPT WHEN CLIENT GIVES HIS WRITTEM CONSENT THERETO

21.04 Disclosure of client's affairs partners or associates of a law firm may be done, UNLESS, client has prohibited lawyer from doing so

-Lawyer whose opinion is not sustained by the client may withdraw -In case of difference of opinions, lead counsel's opinion prevails 4. Mental and physical inability of counsel to handle case effectively Client's confidences and secrets to be guarded also by the Lawyer's personnel in his office -If disability is just temporary, the lawyer is not obliged to withdraw if during that period, postponement is still possible and allowable 5. Client's DELIBERATE failure to pay attorney's fees as agreed upon 6. Election or appointment of lawyer to public office -Duty of the lawyer to notify court of such election or appointment as it does not take judicial notice of the same. If he is appointed to public position which allows the concurrent practice of law, he should use his sound discretion as to whether or not he will withdraw, he should not advance his private interests or allow the same to interfere with his public duties. Death of a client automatically terminates L-C relationship Attorney should inform the court immediately, give the name and address of the executor, administrator, guardian, or other legal representative

21.05

21.06 Indiscreet conversation about client's affairs is to be avoided since not every member of the Lawyer's family has the proper orientation and training for keeping client's confidences and secrets.

21.07 Prohibition to disclose secrets covers consultations, even if prospective client did not engage the services of the lawyer. o Exception: when the lawyer will be placed in situation of representing conflicting interests

CANON 22 Appearance - act of submitting or presenting oneself to court, either as plaintiff or defendant, personally or through counsel, and seeking general/ special reliefs from the court Kinds 1. General - seeks general claims

Death of an attorney also terminates, l-c relationship, EXCEPT if it is a law firm 2. Special - aim is dismissal of the case, seeks other reliefs Right of client to terminate relation with counsel is ABSOLUTE, BUT NOT VICE VERSA, he may only terminate or withdraw for sufficient cause Lawyer EMPLOYED AS LEGAL ASSISTANT BY CORPORATION, AND REQUIRED TO OBSERVE OFFICE HOURS, can not be dismissed on the theory that he may be terminated with or without cause, their relationship is one of employer&employee governed by the LABOR CODE

Lawyer who appears de parte/de oficio in the lower ocurt shall be presumed to be the lawyer on appeal, UNLESS, FORMER - files formal petition withdrawing his appearance and the LATTER - relieves him and appoints another or when defendant has secured the services of a counsel de parte appearance must be in writing, and with notice to the court Lawyer (witophout formal notice of apperance) is presumed to be properly authorized, to represent any cause in which he appears and no written power of attorney is required to authorize him to appear, judge however may require counsel to present evidence or proof of such authority on reasonable grounds and upon motion of the parties. It is contemptuous to appear for a party without being employed as lawyer.

WITHDRAWAL OF COUNSEL By written consent of his client or permission of the court after due notice and hearing, in which event the attorney should see to it that the name of the new attorney is recorded in the case Counsel has no right to presume that the court would grant his withdrawal and therefore must still appear in the date of hearing.

CASES WHEN LAWYER MAY WITHDRAW: 1. Client pursuing an illegal or immoral course of conduct -Client must persist in such conduct 2. Client's insistence that lawyer pursues acts violative of the canons and rules 3. Inability of client to work with co-counsel -Detrimental to the cause 4. If in case consent of attorney to be substituted cannot be obtained, there must be AT LEAST A PROOF OF NOTICE THAT MOTION FOR SUBSTITUTION HAS BEEN SERVED ON HIM. Change or substitution -can be had at any stage of the proceedings, made 1. Upon written application 2. With written consent of the client 3. Upon written consent of attorney to be substituted,

There must be a verified proof of death of such attorney Lawyer-Client relationship terminates through the following causes 1. Withdrawal of lawyer under 22.01 2. Death of lawyer, unless, it is a law firm 3. Death of the client 4. Discharge or dismissal of the lawyer by the client 5. Appointment or election of a lawyer to a government position which prohibits practice of law 6. Full termination of case 7. Disbarment or suspension of lawyer from practice of law 8. Intervening incapacity or incompetency of client, UNLESS GUARDIAN authorizes the lawyer to continue his employment 9. Declaration of presumptive death of the lawyer 10. Conviction for a crime and imprisonment of the lawyer for quite sometime Client's death renders all Pleadings filed thereafter as INVALID Lawyer must report to the court the death of his client within 30 days. Counsel's death renders services of decision on him as INEFFECTIVE, and DOES NOT BIND HIS CLIENTS.

3. Counsel is in LAWFUL possession of subject papers, documents and funds CHARGING LIEN - He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. -arises only after favorable money judgment has been secured by the lawyer for the client -object is to protect the claim on the fruits of the lawyer's labors -based on equity, that the lawyer be paid his fees out of the judgment he has obtained REQUISITES 1. Existence of lawyer-client relationship 2. Favorable money judgment secured by counsel for his client 3. Must be entered into the records of the case thru a filing of an appropriate motion of the statement of the lawyer's claims for attorney's fees, with copy furnished to client and adverse party Enforceable against: attorney's client or judgment debtor Lawyer cannot charge lien on client's land, it being not a money judgment, UNLESS they enter into an agreement authorizing it. Rule 22.02 applies only to RETAINING LIEN

Duty of discharged lawyer or one who withdraws 1. Immediately turn over all papers and property to which client is entitled 2. Cooperate with succeeding lawyer in orderly transfer of the case Turn over is subject to retaining lien RULE 138. SEC. 37. provides: RETAINING LIEN - An attorney shall have a lien upon the funds, documents and papers of his client, which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. -contemplates a lawyer who withdrew from the case or is discharged without finishing the case -mere right to retain the papers as against the client until lawyer is fully paid -depends and subsists on lawyer's LAWFUL possession, comsequently, it expires when possession ends REQUISITES: 1. A lawyer-client relationship 2. Claims for attorney's fees are not satisfied