This document outlines the Code of Professional Responsibility for lawyers. It establishes canons and rules regarding a lawyer's duties to society, legal profession, courts, and clients. Some key points include:
- Lawyers must uphold the law and promote respect for legal processes. They cannot engage in unlawful, dishonest or deceitful conduct.
- Lawyers must make legal services available in an efficient, convenient and independent manner. They cannot solicit legal business or charge rates lower than customary without valid reasons.
- In communications, lawyers can only use true, honest, fair and objective statements. They cannot use false, misleading, self-laudatory or unfair claims about qualifications.
- Lawyers owe candor
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Code of Professional Responsibility
This document outlines the Code of Professional Responsibility for lawyers. It establishes canons and rules regarding a lawyer's duties to society, legal profession, courts, and clients. Some key points include:
- Lawyers must uphold the law and promote respect for legal processes. They cannot engage in unlawful, dishonest or deceitful conduct.
- Lawyers must make legal services available in an efficient, convenient and independent manner. They cannot solicit legal business or charge rates lower than customary without valid reasons.
- In communications, lawyers can only use true, honest, fair and objective statements. They cannot use false, misleading, self-laudatory or unfair claims about qualifications.
- Lawyers owe candor
Download as DOCX, PDF, TXT or read online on Scribd
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CODE OF PROFESSIONAL RESPONSIBILITY Rule 3.
01 - A lawyer shall not use or permit the
(Promulgated June 21, 1988) use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair CHAPTER I. THE LAWYER AND SOCIETY statement or claim regarding his qualifications or CANON 1 - A LAWYER SHALL UPHOLD THE legal services. CONSTITUTION, OBEY THE LAWS OF THE LAND Rule 3.02 - In the choice of a firm name, no false, AND PROMOTE RESPECT FOR LAW OF AND misleading or assumed name shall be used. The LEGAL PROCESSES. continued use of the name of a deceased partner Rule 1.01 - A lawyer shall not engage in unlawful, is permissible provided that the firm indicates in dishonest, immoral or deceitful conduct. all its communications that said partner is deceased. Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at Rule 3.03 - Where a partner accepts public office, lessening confidence in the legal system. he shall withdrawal from the firm and his name shall be dropped from the firm name unless the Rule 1.03 - A lawyer shall not, for any corrupt law allows him to practice law currently. motive or interest, encourage any suit or proceeding or delay any man's cause. Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in Rule 1.04 - A lawyer shall encourage his clients to anticipation of, or in return for, publicity to attract avoid, end or settle a controversy if it will admit of legal business. a fair settlement.
CANON 4 - A LAWYER SHALL PARTICIPATE IN
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL THE DEVELOPMENT OF THE LEGAL SYSTEM BY SERVICES AVAILABLE IN AN EFFICIENT AND INITIATING OR SUPPORTING EFFORTS IN LAW CONVENIENT MANNER COMPATIBLE WITH THE REFORM AND IN THE IMPROVEMENT OF THE INDEPENDENCE, INTEGRITY AND ADMINISTRATION OF JUSTICE. EFFECTIVENESS OF THE PROFESSION. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the CANON 5 - A LAWYER SHALL KEEP ABREAST OF oppressed. LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, Rule 2.02 - In such cases, even if the lawyer does SUPPORT EFFORTS TO ACHIEVE HIGH not accept a case, he shall not refuse to render STANDARDS IN LAW SCHOOLS AS WELL AS IN legal advice to the person concerned if only to the THE PRACTICAL TRAINING OF LAW STUDENTS extent necessary to safeguard the latter's rights. AND ASSIST IN DISSEMINATING THE LAW AND Rule 2.03 - A lawyer shall not do or permit to be JURISPRUDENCE. done any act designed primarily to solicit legal business. CANON 6 - THESE CANONS SHALL APPLY TO Rule 2.04 - A lawyer shall not charge rates lower LAWYERS IN GOVERNMENT SERVICES IN THE than those customarily prescribed unless the DISCHARGE OF THEIR TASKS. circumstances so warrant. Rule 6.01 - The primary duty of a lawyer engaged CANON 3 - A LAWYER IN MAKING KNOWN HIS in public prosecution is not to convict but to see LEGAL SERVICES SHALL USE ONLY TRUE, that justice is done. The suppression of facts or HONEST, FAIR, DIGNIFIED AND OBJECTIVE the concealment of witnesses capable of INFORMATION OR STATEMENT OF FACTS. establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.02 - A lawyer in the government service and assistance to those seeking relief against shall not use his public position to promote or unfaithful or neglectful counsel. advance his private interests, nor allow the latter to interfere with his public duties. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR Rule 6.03 - A lawyer shall not, after leaving INDIRECTLY, ASSIST IN THE UNAUTHORIZED government service, accept engagement or PRACTICE OF LAW. employment in connection with any matter in which he had intervened while in said service. Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. CHAPTER II. THE LAWYER AND THE LEGAL Rule 9.02 - A lawyer shall not divide or stipulate PROFESSION to divide a fee for legal services with persons not licensed to practice law, except: CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE (a) Where there is a pre-existing agreement with LEGAL PROFESSION AND SUPPORT THE a partner or associate that, upon the latter's ACTIVITIES OF THE INTEGRATED BAR. death, money shall be paid over a reasonable period of time to his estate or to persons specified Rule 7.01 - A lawyer shall be answerable for in the agreement; or knowingly making a false statement or suppressing a material fact in connection with his (b) Where a lawyer undertakes to complete application for admission to the bar. unfinished legal business of a deceased lawyer; or Rule 7.02 - A lawyer shall not support the (c) Where a lawyer or law firm includes non- application for admission to the bar of any person lawyer employees in a retirement plan even if the known by him to be unqualified in respect to plan is based in whole or in part, on a profit character, education, or other relevant attribute. sharing agreement. Rule 7.03 - A lawyer shall not engage in conduct CHAPTER III. THE LAWYER AND THE COURTS that adversely reflects on his fitness to practice CANON 10 - A LAWYER OWES CANDOR, law, nor shall he whether in public or private life, FAIRNESS AND GOOD FAITH TO THE COURT. behave in a scandalous manner to the discredit of the legal profession. Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any CANON 8 - A LAWYER SHALL CONDUCT HIMSELF artifice. WITH COURTESY, FAIRNESS AND CANDOR Rule 10.02 - A lawyer shall not knowingly TOWARDS HIS PROFESSIONAL COLLEAGUES, misquote or misrepresent the contents of a paper, AND SHALL AVOID HARASSING TACTICS the language or the argument of opposing AGAINST OPPOSING COUNSEL. counsel, or the text of a decision or authority, or Rule 8.01 - A lawyer shall not, in his professional knowingly cite as law a provision already rendered dealings, use language which is abusive, offensive inoperative by repeal or amendment, or assert as or otherwise improper. a fact that which has not been proved. Rule 8.02 - A lawyer shall not, directly or indirectly, Rule 10.03 - A lawyer shall observe the rules of encroach upon the professional employment of procedure and shall not misuse them to defeat the another lawyer, however, it is the right of any ends of justice. lawyer, without fear or favor, to give proper advice CANON 11 - A LAWYER SHALL OBSERVE AND Rule 12.06 - A lawyer shall not knowingly assist a MAINTAIN THE RESPECT DUE TO THE COURTS witness to misrepresent himself or to impersonate AND TO JUDICIAL OFFICERS AND SHOULD another. INSIST ON SIMILAR CONDUCT BY OTHERS. Rule 12.07 - A lawyer shall not abuse, browbeat Rule 11.01 - A lawyer shall appear in court or harass a witness nor needlessly inconvenience properly attired. him. Rule 11.02 - A lawyer shall punctually appear at Rule 12.08 - A lawyer shall avoid testifying in court hearings. behalf of his client, except: Rule 11.03 - A lawyer shall abstain from (a) on formal matters, such as the mailing, scandalous, offensive or menacing language or authentication or custody of an instrument, and behavior before the Courts. the like; or Rule 11.04 - A lawyer shall not attribute to a Judge (b) on substantial matters, in cases where his motives not supported by the record or have no testimony is essential to the ends of justice, in materiality to the case. which event he must, during his testimony, entrust the trial of the case to another counsel. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY CANON 12 - A LAWYER SHALL EXERT EVERY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR EFFORT AND CONSIDER IT HIS DUTY TO ASSIST GIVES THE APPEARANCE OF INFLUENCING THE IN THE SPEEDY AND EFFICIENT COURT. ADMINISTRATION OF JUSTICE. Rule 13.01 - A lawyer shall not extend Rule 12.01 - A lawyer shall not appear for trial extraordinary attention or hospitality to, nor seek unless he has adequately prepared himself on the opportunity for cultivating familiarity with Judges. law and the facts of his case, the evidence he will adduce and the order of its proferrence. He should Rule 13.02 - A lawyer shall not make public also be ready with the original documents for statements in the media regarding a pending case comparison with the copies. tending to arouse public opinion for or against a party. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the Rule 12.03 - A lawyer shall not, after obtaining government in the normal course of judicial extensions of time to file pleadings, memoranda proceedings. or briefs, let the period lapse without submitting the same or offering an explanation for his failure CHAPTER IV. THE LAWYER AND THE CLIENT to do so. CANON 14 - A LAWYER SHALL NOT REFUSE HIS Rule 12.04 - A lawyer shall not unduly delay a SERVICES TO THE NEEDY. case, impede the execution of a judgment or Rule 14.01 - A lawyer shall not decline to misuse Court processes. represent a person solely on account of the latter's Rule 12.05 - A lawyer shall refrain from talking to race, sex. creed or status of life, or because of his his witness during a break or recess in the trial, own opinion regarding the guilt of said person. while the witness is still under examination. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any Rule 15.07. - A lawyer shall impress upon his client of its chapters for rendition of free legal aid. compliance with the laws and the principles of fairness. Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if: Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the (a) he is not in a position to carry out the work practice of law shall make clear to his client effectively or competently; whether he is acting as a lawyer or in another (b) he labors under a conflict of interest between capacity him and the prospective client or between a present client and the prospective client. CANON 16 - A LAWYER SHALL HOLD IN TRUST Rule 14.04 - A lawyer who accepts the cause of a ALL MONEYS AND PROPERTIES OF HIS CLIENT person unable to pay his professional fees shall THAT MAY COME INTO HIS PROFESSION. observe the same standard of conduct governing his relations with paying clients. Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. CANON 15 - A LAWYER SHALL OBSERVE CANDOR, Rule 16.02 - A lawyer shall keep the funds of each FAIRNESS AND LOYALTY IN ALL HIS DEALINGS client separate and apart from his own and those AND TRANSACTIONS WITH HIS CLIENTS. of others kept by him. Rule 15.01. - A lawyer, in conferring with a Rule 16.03 - A lawyer shall deliver the funds and prospective client, shall ascertain as soon as property of his client when due or upon demand. practicable whether the matter would involve a However, he shall have a lien over the funds and conflict with another client or his own interest, and may apply so much thereof as may be necessary if so, shall forthwith inform the prospective client. to satisfy his lawful fees and disbursements, giving Rule 15.02.- A lawyer shall be bound by the rule notice promptly thereafter to his client. He shall on privilege communication in respect of matters also have a lien to the same extent on all disclosed to him by a prospective client. judgments and executions he has secured for his Rule 15.03. - A lawyer shall not represent client as provided for in the Rules of Court. conflicting interests except by written consent of Rule 16.04 - A lawyer shall not borrow money from all concerned given after a full disclosure of the his client unless the client's interest are fully facts. protected by the nature of the case or by Rule 15.04. - A lawyer may, with the written independent advice. Neither shall a lawyer lend consent of all concerned, act as mediator, money to a client except, when in the interest of conciliator or arbitrator in settling disputes. justice, he has to advance necessary expenses in a legal matter he is handling for the client. 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, CANON 17 - A LAWYER OWES FIDELITY TO THE neither overstating nor understating the prospects CAUSE OF HIS CLIENT AND HE SHALL BE of the case. MINDFUL OF THE TRUST AND CONFIDENCE Rule 15.06. - A lawyer shall not state or imply that REPOSED IN HIM. he is able to influence any public official, tribunal or legislative body. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. Rules 18.01 - A lawyer shall not undertake a legal (b) the novelty and difficulty of the questions service which he knows or should know that he is involved; not qualified to render. However, he may render (c) The importance of the subject matter; such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who (d) The skill demanded; is competent on the matter. (e) The probability of losing other employment as Rule 18.02 - A lawyer shall not handle any legal a result of acceptance of the proffered case; matter without adequate preparation. (f) The customary charges for similar services and Rule 18.03 - A lawyer shall not neglect a legal the schedule of fees of the IBP chapter to which matter entrusted to him, and his negligence in he belongs; connection therewith shall render him liable. (g) The amount involved in the controversy and Rule 18.04 - A lawyer shall keep the client the benefits resulting to the client from the informed of the status of his case and shall service; respond within a reasonable time to the client's (h) The contingency or certainty of compensation; request for information. (i) The character of the employment, whether occasional or established; and CANON 19 - A LAWYER SHALL REPRESENT HIS (j) The professional standing of the lawyer. CLIENT WITH ZEAL WITHIN THE BOUNDS OF Rule 20.02 - A lawyer shall, in case of referral, with THE LAW. the consent of the client, be entitled to a division Rule 19.01 - A lawyer shall employ only fair and of fees in proportion to the work performed and honest means to attain the lawful objectives of his responsibility assumed. client and shall not present, participate in Rule 20.03 - A lawyer shall not, without the full presenting or threaten to present unfounded knowledge and consent of the client, accept any criminal charges to obtain an improper advantage fee, reward, costs, commission, interest, rebate or in any case or proceeding. forwarding allowance or other compensation Rule 19.02 - A lawyer who has received whatsoever related to his professional information that his client has, in the course of the employment from anyone other than the client. representation, perpetrated a fraud upon a person Rule 20.04 - A lawyer shall avoid controversies or tribunal, shall promptly call upon the client to with clients concerning his compensation and shall rectify the same, and failing which he shall resort to judicial action only to prevent imposition, terminate the relationship with such client in injustice or fraud. accordance with the Rules of Court. Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS CANON 20 - A LAWYER SHALL CHARGE ONLY TERMINATED. FAIR AND REASONABLE FEES. Rule 21.01 - A lawyer shall not reveal the Rule 20.01 - A lawyer shall be guided by the confidences or secrets of his client except; following factors in determining his fees: (a) When authorized by the client after (a) the time spent and the extent of the service acquainting him of the consequences of the rendered or required; disclosure; (b) When required by law; (c) When necessary to collect his fees or to defend (d) When the mental or physical condition of the himself, his employees or associates or by judicial lawyer renders it difficult for him to carry out the action. employment effectively; Rule 21.02 - A lawyer shall not, to the (e) When the client deliberately fails to pay the disadvantage of his client, use information fees for the services or fails to comply with the acquired in the course of employment, nor shall retainer agreement; he use the same to his own advantage or that of (f) When the lawyer is elected or appointed to a third person, unless the client with full public office; and knowledge of the circumstances consents thereto. (g) Other similar cases. Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files Rule 22.02 - A lawyer who withdraws or is to an outside agency seeking such information for discharged shall, subject to a retainer lien, auditing, statistical, bookkeeping, accounting, immediately turn over all papers and property to data processing, or any similar purpose. which the client is entitled, and shall cooperative with his successor in the orderly transfer of the Rule 21.04 - A lawyer may disclose the affairs of a matter, including all information necessary for the client of the firm to partners or associates thereof proper handling of the matter. unless prohibited by the client. Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients. Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. Rule 22.01 - A lawyer may withdraw his services in any of the following case: (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;