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LEGAL ETHICS Notes

Candidates who have failed the bar exam three times must enroll in and pass a fourth year law review course and pre-bar review course at a recognized law school to be eligible to retake the exam. To become a licensed attorney in the Philippines, one must pass the bar exam, meet all requirements for admission, not have any disqualifications, take the lawyer's oath before the Supreme Court, and sign the roll of attorneys. Lawyers have a duty to maintain allegiance to the Philippines, respect for courts, employ only honest means to defend clients, and keep client confidences.

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127 views

LEGAL ETHICS Notes

Candidates who have failed the bar exam three times must enroll in and pass a fourth year law review course and pre-bar review course at a recognized law school to be eligible to retake the exam. To become a licensed attorney in the Philippines, one must pass the bar exam, meet all requirements for admission, not have any disqualifications, take the lawyer's oath before the Supreme Court, and sign the roll of attorneys. Lawyers have a duty to maintain allegiance to the Philippines, respect for courts, employ only honest means to defend clients, and keep client confidences.

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shel
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Section 16. Failing candidates to take review course.

— Candidates who have failed the bar examinations


for three times shall be disqualified from taking another examination unless they show the satisfaction of
the court that they have enrolled in and passed regular fourth year review classes as well as attended a
pre-bar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall certify
under oath that the candidates have regularly attended classes and passed the subjects under the same
conditions as ordinary students and the ratings obtained by them in the particular subject.

TWO OPERATIVE ACTS IN ORDER TO BE CONSIDERED AN ATTORNEY AND USE THIS


APPELATION “ATTY.”
After having passed the regular Philippine bar examinations, having all the necessary requirements for
admission to the bar and none of the disqualifications, one has to:

1. Take the lawyer’s Oath (Section 17)


2. Sign the roll of Attorneys (Section 19)

Section 17. Admission and oath of successful applicants. — An applicant who has passed the required
examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe
before the Supreme Court the corresponding oath of office.
Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as a member of the bar
for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its records,
and that a certificate of such record be given to him by the clerk of court, which certificate shall be his
authority to practice.

Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all attorneys admitted to
practice, which roll shall be signed by the person admitted when he receives his certificate.

Section 20 enumerates the duties of an attorney, also envisaged in the Code of Professional Responsibility,
the four-fold duty of lawyers as to our duties to society, to the legal profession, to the Courts and to our
clients. It also reflects our duties under the Lawyer’s Oath.

Section 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;

(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.

Under Section 21, a lawyer is presumed to be authorized by his client when he appears before the Court
and enters his appearance in a particular case for a particular client. There is no need for any written
authority. However, when there are reasonable grounds the presiding judge or on motion of either of the
parties, an attorney may be required to produce or prove the authority under which he appears. When the
lawyer is unauthorized to appear in behalf of a person and yet appears in court, he may be cited in
contempt of court in doing so.

Section 21. Authority of attorney to appear. — an attorney 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 in court for his client, but the presiding judge may, on motion of either party and on reasonable
grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce
or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name
of the person who employed him, and may thereupon make such order as justice requires. An attorneys
wilfully appear in court for a person without being employed, unless by leave of the court, may be punished
for contempt as an officer of the court who has misbehaved in his official transactions.
Lawyers who have filed their Entry of Appearance as counsel for a particular client in a particular case are
presumed to continue the case until the end, from the lower court to the appellate courts, unless there is
proper withdrawal of appearance under Section 22. While Section 23 speaks of the authority to bind
clients.

Section 22. Attorney who appears in lower court presumed to represent client on appeal. — An attorney
who appears de parte in a case before a lower court shall be presumed to continue representing his client
on appeal, unless he files a formal petition withdrawing his appearance in the appellate court.

Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind their clients in any
case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of
ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation,
or receive anything in discharge of a client's claim but the full amount in cash.

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