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Code of Professional Responsibility

This document outlines the canons and rules that govern lawyers in the discharge of their duties. It addresses a lawyer's responsibilities to uphold the law and promote justice, make legal services available, conduct themselves with honesty and integrity, participate in improving the legal system, and conduct themselves with courtesy and candor towards other legal professionals and the courts. The canons cover topics such as a lawyer's duties to society, their profession, and during interactions with the legal system and other lawyers.

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Pia Hernandez
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© © All Rights Reserved
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0% found this document useful (0 votes)
42 views

Code of Professional Responsibility

This document outlines the canons and rules that govern lawyers in the discharge of their duties. It addresses a lawyer's responsibilities to uphold the law and promote justice, make legal services available, conduct themselves with honesty and integrity, participate in improving the legal system, and conduct themselves with courtesy and candor towards other legal professionals and the courts. The canons cover topics such as a lawyer's duties to society, their profession, and during interactions with the legal system and other lawyers.

Uploaded by

Pia Hernandez
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

CHAPTER I. THE LAWYER AND SOCIETY GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, Rule 6.01 - The primary duty of a lawyer engaged in public
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR prosecution is not to convict but to see that justice is done.
LAW OF AND LEGAL PROCESSES. The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is
Rule 1.01 - A lawy+er shall not engage in unlawful, highly reprehensible and is cause for disciplinary action.
dishonest, immoral or deceitful conduct.
Rule 6.02 - A lawyer in the government service shall not use
Rule 1.02 - A lawyer shall not counsel or abet activities his public position to promote or advance his private
aimed at defiance of the law or at lessening confidence in interests, nor allow the latter to interfere with his public
the legal system. duties.

Rule 1.03 - A lawyer shall not, for any corrupt motive or Rule 6.03 - A lawyer shall not, after leaving government
interest, encourage any suit or proceeding or delay any service, accept engagement or employment in connection
man's cause. with any matter in which he had intervened while in said
service.
Rule 1.04 - A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair settlement.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
EFFECTIVENESS OF THE PROFESSION. SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 2.01 - A lawyer shall not reject, except for valid Rule 7.01 - A lawyer shall be answerable for knowingly
reasons, the cause of the defenseless or the oppressed. making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal advice to Rule 7.02 - A lawyer shall not support the application for
the person concerned if only to the extent necessary to admission to the bar of any person known by him to be
safeguard the latter's rights. unqualified in respect to character, education, or other
relevant attribute.
Rule 2.03 - A lawyer shall not do or permit to be done any
act designed primarily to solicit legal business. Rule 7.03 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall he
Rule 2.04 - A lawyer shall not charge rates lower than those whether in public or private life, behave in a scandalous
customarily prescribed unless the circumstances so warrant. manner to the discredit of the legal profession.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
OBJECTIVE INFORMATION OR STATEMENT OF FACTS. PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.
Rule 3.01 - A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self- Rule 8.01 - A lawyer shall not, in his professional dealings,
laudatory or unfair statement or claim regarding his use language which is abusive, offensive or otherwise
qualifications or legal services. improper.
Rule 3.02 - In the choice of a firm name, no false, Rule 8.02 - A lawyer shall not, directly or indirectly, encroach
misleading or assumed name shall be used. The continued upon the professional employment of another lawyer,
use of the name of a deceased partner is permissible however, it is the right of any lawyer, without fear or favor, to
provided that the firm indicates in all its communications that give proper advice and assistance to those seeking relief
said partner is deceased. against unfaithful or neglectful counsel.
Rule 3.03 - Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be dropped from CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
the firm name unless the law allows him to practice law ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
currently.
Rule 9.01 - A lawyer shall not delegate to any unqualified
Rule 3.04 - A lawyer shall not pay or give anything of value person the performance of any task which by law may only
to representatives of the mass media in anticipation of, or in be performed by a member of the bar in good standing.
return for, publicity to attract legal business.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE fee for legal services with persons not licensed to practice
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR law, except:
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. (a) Where there is a pre-existing agreement with a partner
or associate that, upon the latter's death, money shall
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL be paid over a reasonable period of time to his estate or
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL to persons specified in the agreement; or
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE (b) Where a lawyer undertakes to complete unfinished
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE legal business of a deceased lawyer; or
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
(c) Where a lawyer or law firm includes non-lawyer Rule 12.08 - A lawyer shall avoid testifying in behalf of his
employees in a retirement plan even if the plan is based client, except:
in whole or in part, on a profit sharing agreement.
(a) on formal matters, such as the mailing, authentication
or custody of an instrument, and the like; or
CHAPTER III. THE LAWYER AND THE COURTS (b) on substantial matters, in cases where his testimony is
essential to the ends of justice, in which event he must,
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD during his testimony, entrust the trial of the case to
FAITH TO THE COURT. another counsel.

Rule 10.01 - A lawyer shall not do any falsehood, nor


consent to the doing of any in Court; nor shall he mislead, or CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS
allow the Court to be misled by any artifice. CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS
TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING
Rule 10.02 - A lawyer shall not knowingly misquote or THE COURT.
misrepresent the contents of a paper, the language or the
argument of opposing counsel, or the text of a decision or Rule 13.01 - A lawyer shall not extend extraordinary
authority, or knowingly cite as law a provision already attention or hospitality to, nor seek opportunity for cultivating
rendered inoperative by repeal or amendment, or assert as a familiarity with Judges.
fact that which has not been proved.
Rule 13.02 - A lawyer shall not make public statements in
Rule 10.03 - A lawyer shall observe the rules of procedure the media regarding a pending case tending to arouse public
and shall not misuse them to defeat the ends of justice. opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite interference


CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE by another branch or agency of the government in the
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS normal course of judicial proceedings.
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired. CHAPTER IV. THE LAWYER AND THE CLIENT

Rule 11.02 - A lawyer shall punctually appear at court CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO
hearings. THE NEEDY.

Rule 11.03 - A lawyer shall abstain from scandalous, Rule 14.01 - A lawyer shall not decline to represent a person solely on
offensive or menacing language or behavior before the account of the latter's race, sex. creed or status of life, or because of
Courts. his own opinion regarding the guilt of said person.

Rule 11.04 - A lawyer shall not attribute to a Judge motives Rule 14.02 - A lawyer shall not decline, except for serious and
not supported by the record or have no materiality to the sufficient cause, an appointment as counsel de officio or as amicus
case. curiae, or a request from the Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
Rule 11.05 - A lawyer shall submit grievances against a
Judge to the proper authorities only. Rule 14.03 - A lawyer may not refuse to accept representation of an
indigent client unless:

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND (a) he is not in a position to carry out the work effectively or
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND competently;
EFFICIENT ADMINISTRATION OF JUSTICE. (b) he labors under a conflict of interest between him and the
prospective client or between a present client and the
Rule 12.01 - A lawyer shall not appear for trial unless he has prospective client.
adequately prepared himself on the law and the facts of his
case, the evidence he will adduce and the order of its Rule 14.04 - A lawyer who accepts the cause of a person unable to
proferrence. He should also be ready with the original pay his professional fees shall observe the same standard of conduct
documents for comparison with the copies. governing his relations with paying clients.

Rule 12.02 - A lawyer shall not file multiple actions arising CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
from the same cause. AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH
HIS CLIENTS.
Rule 12.03 - A lawyer shall not, after obtaining extensions of
time to file pleadings, memoranda or briefs, let the period Rule 15.01. - A lawyer, in conferring with a prospective
lapse without submitting the same or offering an explanation client, shall ascertain as soon as practicable whether the
for his failure to do so. matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective
Rule 12.04 - A lawyer shall not unduly delay a case, impede client.
the execution of a judgment or misuse Court processes.
Rule 15.02.- A lawyer shall be bound by the rule on privilege
Rule 12.05 - A lawyer shall refrain from talking to his witness communication in respect of matters disclosed to him by a
during a break or recess in the trial, while the witness is still prospective client.
under examination.
Rule 15.03. - A lawyer shall not represent conflicting
Rule 12.06 - A lawyer shall not knowingly assist a witness to interests except by written consent of all concerned given
misrepresent himself or to impersonate another. after a full disclosure of the facts.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Rule 15.04. - A lawyer may, with the written consent of all Rule 19.01 - A lawyer shall employ only fair and honest
concerned, act as mediator, conciliator or arbitrator in means to attain the lawful objectives of his client and shall
settling disputes. not present, participate in presenting or threaten to present
unfounded criminal charges to obtain an improper advantage
Rule 15.05. - A lawyer when advising his client, shall give a in any case or proceeding.
candid and honest opinion on the merits and probable
results of the client's case, neither overstating nor Rule 19.02 - A lawyer who has received information that his
understating the prospects of the case. client has, in the course of the representation, perpetrated a
fraud upon a person or tribunal, shall promptly call upon the
Rule 15.06. - A lawyer shall not state or imply that he is able client to rectify the same, and failing which he shall terminate
to influence any public official, tribunal or legislative body. the relationship with such client in accordance with the Rules
of Court.
Rule 15.07. - A lawyer shall impress upon his client
compliance with the laws and the principles of fairness. Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case.
Rule 15.08. - A lawyer who is engaged in another profession
or occupation concurrently with the practice of law shall CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
make clear to his client whether he is acting as a lawyer or in REASONABLE FEES.
another capacity.
Rule 20.01 - A lawyer shall be guided by the following
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS factors in determining his fees:chanroblesvirtuallawlibrary
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION. (a) the time spent and the extent of the service rendered or
required;
Rule 16.01 - A lawyer shall account for all money or property (b) the novelty and difficulty of the questions involved;
collected or received for or from the client. (c) The importance of the subject matter;
(d) The skill demanded;
Rule 16.02 - A lawyer shall keep the funds of each client (e) The probability of losing other employment as a result
separate and apart from his own and those of others kept by of acceptance of the proffered case;
him. (f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he
Rule 16.03 - A lawyer shall deliver the funds and property of
belongs;
his client when due or upon demand. However, he shall
(g) The amount involved in the controversy and the
have a lien over the funds and may apply so much thereof
benefits resulting to the client from the service;
as may be necessary to satisfy his lawful fees and
(h) The contingency or certainty of compensation;
disbursements, giving notice promptly thereafter to his client.
(i) The character of the employment, whether occasional
He shall also have a lien to the same extent on all judgments
or established; and
and executions he has secured for his client as provided for
(j) The professional standing of the lawyer.
in the Rules of Court.
Rule 20.02 - A lawyer shall, in case of referral, with the
Rule 16.04 - A lawyer shall not borrow money from his client
consent of the client, be entitled to a division of fees in
unless the client's interest are fully protected by the nature of
proportion to the work performed and responsibility
the case or by independent advice. Neither shall a lawyer
assumed.
lend money to a client except, when in the interest of justice,
he has to advance necessary expenses in a legal matter he Rule 20.03 - A lawyer shall not, without the full knowledge
is handling for the client. and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or
other compensation whatsoever related to his professional
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS
employment from anyone other than the client.
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM. Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
action only to prevent imposition, injustice or fraud.
COMPETENCE AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service


CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
which he knows or should know that he is not qualified to
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
render. However, he may render such service if, with the
CLIENT RELATION IS TERMINATED.
consent of his client, he can obtain as collaborating counsel
a lawyer who is competent on the matter. Rule 21.01 - A lawyer shall not reveal the confidences or
secrets of his client except;
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation. (a) When authorized by the client after acquainting him of
the consequences of the disclosure;
Rule 18.03 - A lawyer shall not neglect a legal matter
(b) When required by law;
entrusted to him, and his negligence in connection therewith
(c) When necessary to collect his fees or to defend himself,
shall render him liable.
his employees or associates or by judicial action.
Rule 18.04 - A lawyer shall keep the client informed of the
Rule 21.02 - A lawyer shall not, to the disadvantage of his
status of his case and shall respond within a reasonable time
client, use information acquired in the course of employment,
to the client's request for information.
nor shall he use the same to his own advantage or that of a
third person, unless the client with full knowledge of the
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH circumstances consents thereto.
ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 21.03 - A lawyer shall not, without the written consent
of his client, give information from his files to an outside
agency seeking such information for auditing, statistical,
bookkeeping, accounting, data processing, or any similar
purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof 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:chanroblesvirtuallawlibrary

(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.

Rule 22.02 - A lawyer who withdraws or is discharged shall,


subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the
matter, including all information necessary for the proper
handling of the matter.
13-0415-513 Furthermore, in the said press conference, Atty. Labuyan also violated
Canon 9, which states that a lawyer shall conduct himself with
1. If I were put in such a situation, I will explain to my superior calmly courtesy, fairness, and candor towards fellow lawyers. By calling me
that I cannot do what he instructs me to do. I will tell him in the gentlest an ambulance chasing lawyer who almost flunked the bar exams and a
way possible that there is another way for us to win the case without “bata” who is inexperienced in litigation, Atty. Labutan violated the said
personally talking to the judge. Using the five keys of lawyering with Canon. He also violated Rule 8.01, which prohibits the use of abusive
integrity, I will explain to my superior that talking to the judge and offensive language by lawyers, when he cussed and made side
personally to explain the merits of our position is something that I remarks about my client.
cannot do.
Canon 12, Rule 12.02, and Rule 12.04 were also transgressed by Atty.
The five keys of lawyering with integrity are purpose, ethics, Labutan. Rule 12.02 states that a lawyer shall not file multiple actions
accountability, courage, and excellence. arising from the same cause. When Aty. Labutan filed a case with
DOLE and RTC using the same cause of action, he violated this rule.
First, I will tell explain to him that the act that he wants me to perform is
against my purpose as a lawyer and as an individual. As a person, my Additionally, Canon 12 provides that a lawyer shall exert every effort to
purpose is to help as much people as I can, using the fairest means assist in the speedy administration of justice. Rule 12.04, on the other
possible. Talking to the judge to personally convince him of the merits hand, states that a lawyer shall not unduly delay a case. In this case,
of our positio is not one of the means that I want to use to achieve my Atty. Labutan violated the said Canon and Rule when he filed several
purpose. My purpose is rock-solid because it is bigger than me, my interlocutory motions which caused the case to be delayed for more
profession, and my life. It is fire-tested because it will not succumb to than a year.
pressure. It is also time-proven because I am willing to carry it out until
the end. Hence, I will stick with my purpose even if it may possibly cost Lastly, Atty. Labutan violated Canon 19, which directs lawyers to
me my employment. defend their clients within the bounds of law. Atty. Labutan disregarded
this mandate when he threatened to file a case against me if I do not
Second, I will also explain to my superior that I need to adhere to drop the case. What he did is blackmail, an act proscribed by Canon
ethics. Ethics is carved in stone. The ethics of lawyers is found in the 19 of the Code.
Code of Professional Responsibility. According to the Code, a lawyer
shall rely upon the merits of his cause and refrain from any impropriety 3. As to alleged conflict of interest, I will contend that Atty. Nakawan is
which tends to influence, or gives the appearance of influencing the not considered to have a conflict of interest just because he is the
Court. If I were to follow my superior, I would in effect violate this lawyer of the opposing party in another case involving the same
mandate of the Code, making me possibly administratively liable. property. First of all, the previous case involves a different cause of
Therefore, I cannot risk my entire career for just one case. It is better action and different opposing parties. Hence, it cannot be presumed
for me to lose my job than to lose my profession. that Atty. Nakawan is privy to the details of the present case because
such case has different circumstances than the previous one. It is then
Third, I will not follow my superior’s order because I value incumbent upon Ms. Agarabyado to prove that Atty. Nakawan obtained
accountability. I am responsible for my own actions. Hence, if I were to in the previous case, knowledge that he may use as an advantage in
be made liable later on by following my superior’s orders, I cannot later the present case. Otherwise, Atty. Nakawan does have any conflict of
tell that it is my superior’s fault and not mine. It was still my choice interest.
even if someone ordered me to do it. Hence, I will not follow my
superior’s order because of the possible responsibility that I will be As to the misappropriation of the money given by Ms. Agrabyado, I will
facing. Furthermore, I would also be held accountable by my fellow raise as defense the fact that there is no attorney-client relationship yet
lawyers if they came to know of my actions. I do not want to embarrass in this case. According to the Code, a lawyer shall hold in trust all
them by doing something that is against our principles. moneys and properties of his client that may come to his possession.
However, this rule only applies when there is an attorney-client
Fourth, I will not obey the directive of my superior because of my relationship. In this case, there was no yet such relationship because
courage. Even if I fear that I might lose my employment, I will still Ms. Agrabyado has not yet paid the acceptance fee, which is the
follow my own principles because I believe it is the right thing to do. As condition precedent for Atty. Nakawan’s services. Furthermore, Atty.
they say, courage is the willingness to do what is right despite the fear. Nakawan has not yet used the money given by Ms. Agrabyado.
Hence, I choose to be courageous. I will dare to stand even if no one is Therefore, there was no misappropriation to speak of. Instead of filing
with me, and I will dare to stand again if I ever fail. of this present complaint, Ms. Agrabyado should have first asked Atty.
Nakawan to return her money back.
Last, I will tell my superior to believe in my competence. I will explain to
him that I do not need to personally convince the judge. I will tell him As to Atty. Nakawan’s collaboration with a disbarred lawyer, I will
that I could explain the merits of our case through the pleadings that I contend that he did not assist in the unauthorized practice of law as
will file and through my appearance in Court. I will calmly tell him to directed by Canon 9. First of all, it was not stated that the collaborating
trust in my skills because I have studied the details of my case counsel signed the pleadings of Atty. Nakawan. Since the operative act
thoroughly. I will tell him that I will choose this possibly harder route is the signing of the complaint, there is yet no unauthorized practice of
because I want to become a lawyer with integrity. law to speak of. Even underbars and interns can prepare pleadings for
lawyers. Mere collaboration then by the disbarred lawyer is nothing
2. Atty. Labutan violated Canon 3, Rule 3.01, Rule 13.02, Canon 8, illegal. Besides, Atty. Nakawan was not aware of the disbarment.
Rule 8.01, Canon 12, Rule 12.02, Rule 12.04, and Canon 19. Hence, he should be presumed to have acted in good faith in this case.
Canon 3 provides that a lawyer should only make known his legal As to the signing of the secretary of the demand letter, I will raise as
services in an honest, fair dignified, and objective way. Furthermore, defense the fact that a demand letter does not need to be signed by a
Rule 3.01 provides that a lawyer shall not use any self-laudatory lawyer. A demand latter can be made even by non-lawyers. It is not
statement regarding his qualifications or legal services. something that can only be done by lawyers. What the Code prohibits
is the delegation to an unqualified person of a task that can only be
In this case, Atty. Labutan violate Canon 3 and Rule 3.03 when he done by a member of the Bar. Hence, even if it was the secretary who
described himself on his Facebook page that he is an expert lawyer in signed the demand letter on Atty. Nakawan’s behalf, Atty. Nakawan did
criminal law, an outstanding litigator, and a highly influential counsel in not violate any rule.
the legal circles because such statements are self-laudatory and
undignified. If he is truly the lawyer that he claims to be, he did not
need to describe himself in such an egotistical manner.

Atty. Labutan also violated Rule 13.02, which mandates lawyers to not
make any public statements in the media regarding a pending case to
arouse public opinion for or against a party. In this case, the rule was
violated when Atty. Labutan held a press conference explaining to the
media the intricacies of the case.
I, ________________, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines, I will support its
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.

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