CANONS OF PROFESSIONAL ETHICHS encouraged and the person making them should

be protected.

PREAMBLE
2. The selection of judges
In the Philippines, where the stability of courts
and of all departments of government rests upon It is the duty of the bar to endeavor to prevent
the approval of the people, it is peculiarly political considerations from outweighing judicial
essential that the system for establishing and fitness in the selection of judges. It should protest
dispensing justice be developed to a high point of earnestly and actively against the appointment of
efficiency and so maintained that the public shall those who are unsuitable for the bench; and it
have absolute confidence in the integrity and should strive to have elevated thereto only those
impartiality of its administration. The future of the willing to forego other employments whether of a
Republic, to a great extent, depends upon our business, political or other character, which may
maintenance of justice pure and unsullied. It embarrass their free and fair consideration of
cannot be so maintained unless the conduct and questions before them for decision. The
the motives of the members of our profession are aspiration of lawyers for judicial position should
such as to merit the approval of all just men. be governed by an impartial estimate of their
ability to add to the office and not by a desire for
No code or set of rules can be framed, which will the distinction the position may bring to
particularize all the duties of the lawyer in the themselves.
varying phase of litigation or in all the relations of
professional life. The following canons of ethics
are adopted by the Philippine Bar Association as 3. Attempts to exert personal influence of the
a general guide, yet the enumeration of particular court
duties should not be construed as a denial of the
existence of others equally imperative, though Marked attention and unusual hospitality on the
not specifically mentioned. part of a lawyer to a judge, uncalled for by the
personal relations of the parties, subject both the
judge and the lawyer to misconstructions of
1. The duty of the lawyer to the courts motive and should be avoided. A lawyer should
not communicate or argue privately with the
It is the duty of the lawyer to maintain towards the judge as to the merits of a pending cause and
courts a respectful attitude, not for the sake of the deserves rebuke and denunciation for any device
temporary incumbent of the judicial office, but for or attempt to gain from a judge special personal
the maintenance of its supreme importance. consideration or favor. A self-respecting
Judges, not being wholly free to defend independence in the discharge of professional
themselves, are peculiarly entitled to receive the duty, without denial or diminution of the courtesy
support of the bar against unjust criticism and and respect due the judge's station, is the only
clamor. Whenever there is proper ground for proper foundation for cordial personal and official
serious complaint of a judicial officer, it is the relations between bench and bar.
right and duty of the lawyer to submit his
grievances to the proper authorities. In such
cases, but not otherwise, such charges should be
4. Counsel for an indigent prisoner
A lawyer assigned as counsel for an indigent The obligation to represent the client with
prisoner ought not to ask to be excused for any undivided fidelity and not to divulge his secrets or
trivial reason and should always exert his best confidence forbids also subsequent acceptance
efforts in his behalf. of retainers or employment from others in matters
adversely affecting any interest of the client with
respect to which confidence has been reposed.
5. The defense or prosecution of those accused
of crime
7. Professional colleagues and conflicts of
It is the right of the lawyer to undertake the
opinions
defense of a person accused of crime, regardless
of his personal opinion as to the guilt of the A client's proffer of assistance of additional
accused; otherwise, innocent persons, victims counsel should not be regarded as evidence of
only of suspicious circumstances, might be want of confidence, but the matter should be left
denied proper defense. Having undertaken such to the determination of the client. A lawyer should
defense, the lawyer is bound, by all fair and decline association as colleague if it is
honorable means, to present every defense that objectionable to the original counsel, but if the
the law of the land permits, to the end that no lawyer first retained is relieved, another may
person may be deprived of life or liberty but by come into the case.
due process of law.
When lawyers jointly associated in a cause
The primary duty of a lawyer engaged in public cannot agree as to any matter vital to the interest
prosecution is not to convict but to see that of the client, the conflict of opinion should frankly
justice is done. The suppression of facts or the stated to him for his final determination. His
secreting of witnesses capable of establishing the decision should be accepted unless the nature of
innocence of the accused is highly reprehensible. the difference makes it impracticable for the
lawyer whose judgment has been overruled to
cooperate effectivity. In this event it is his duty to
6. Adverse influence and conflicting interests ask the client to relieve him.

It is a duty of a lawyer at the time of retainer to Efforts, direct or indirect, in any way to encroach
disclose to the client all the circumstances of his upon the professional employment of another
relations to the parties and any interest in or lawyer are unworthy of those who should be
connection with the controversy, which might brethren at the bar; but, nevertheless, it is the
influence the client in the selection of counsel. right of any lawyer, without fear or favor, to give
proper advice to those seeking relief against
It is unprofessional to represent conflicting unfaithful or neglectful counsel, generally after
interests, except by express consent of all communication with the lawyer against whom the
concerned given after a full disclosure of the complaint is made.
facts. Within the meaning of this canon, a lawyer
represents conflicting interests when, in behalf of
one client, it is his duty to contend for that which
duty to another client requires him to oppose.
8. Advising upon the merits of a client's cause Money of the client or collected for the client or
other trust property coming into the possession of
A lawyer should endeavor to obtain full
the lawyer should be reported and accounted for
knowledge of his client's cause before advising
promptly and should not under any
thereon, and he is bound to give a candid opinion
circumstances be commingled with his own or be
of the merits and probable result of pending or
used by him.
contemplated litigation. The miscarriages to
which justice is subject, by reason of surprises
and disappointments in evidence and witnesses,
12. Fixing the amount of the fee
through mistakes and errors of courts, even
though only occasional, admonish lawyers to In fixing fees, lawyers should avoid charges
beware of bold and confident assurances to which over estimate their advice and services, as
clients, especially where the employment may well as those which undervalue them. A client's
depend upon such assurance. Whenever the ability to pay cannot justify a charge in excess of
controversy will admit of fair judgment, the client the value of the service, though his poverty may
should be advised to avoid or to end the litigation. require a less charge, or even none at all. The
reasonable requests of brother lawyers, and of
their widows and orphans without ample means,
9. Negotiations with opposite party should receive special and kindly consideration.
A lawyer should not in any way communicate
upon the subject of controversy with a party
In determining the amount of the fees, it is proper
represented by counsel, much less should he
to consider: ( 1 ) the time and labor required, the
undertake to negotiate or compromise the matter
novelty and difficulty of the questions involved
with him, but should deal only with his counsel. It
and the skill required to properly conduct the
is incumbent upon the lawyer most particularly to
cause; (2) whether the acceptance of
avoid everything that may tend to mislead a party
employment in the particular case will preclude
not represented by counsel, and he should not
the lawyer's appearance for others in cases likely
undertake to advise him as to the law.
to arise out of the transaction, and in which there
is a reasonable expectation that otherwise he
would be employed in the particular case or
10. Acquiring interest in litigation
antagonisms with other clients; (3) the customary
The lawyer should not purchase any interest in charges of the bar for similar services; (4) the
the subject matter of the litigation which he is amount involved in the controversy and the
conducting. benefits resulting to the client from the services;
(5) the contingency or the certainty of the
compensation; and (6) the character of the
11. Dealing with trust property employment, whether casual or for an
established and constant client. Not one of these
The lawyer should refrain from any action considerations in itself is controlling. They are
whereby for his personal benefit or gain he mere guides in ascertaining the real value of the
abuses or takes advantage of the confidence service.
reposed in him by his client.
In determining the customary charges of the bar whatever may enable him to succeed in winning
for similar services, it is proper for a lawyer to his client's cause.
consider a schedule of minimum fees adopted by
a bar association, but no lawyer should permit
himself to be controlled thereby or to follow it as It is improper for a lawyer to assert in argument
his sole guide in determining the amount of his his personal belief in his client's innocence or in
fee. the justice of his cause.
In fixing fees, it should not be forgotten that the
profession is a branch of the administration of
justice and not a mere money-getting trade. The lawyer owes "entire devotion to the interest
of the client, warm zeal in the maintenance and
defense of his rights and the exertion of his
utmost learning and ability," to the end that
13. Contingent fees
nothing be taken or be withheld from him, save
A contract for a contingent fee, where sanctioned by the rules of law, legally applied. No fear of
by law, should be reasonable under all the judicial disfavor or public popularity should
circumstances of the case including the risk and restrain him from the full discharge of his duty. In
uncertainty of the compensation, but should the judicial forum the client is entitled to the
always be subject to the supervision of a court, benefit of any and every remedy and defense
as to its reasonableness that is authorized by the law of the land, and he
may expect his lawyer to assert every such
remedy or defense. But it is steadfastly to be
14. Suing a client for a fee borne in mind that the great trust of the lawyer is
to be performed within and not without the
Controversies with clients concerning bounds of the law. The office of attorney does not
compensation are to be avoided by the lawyer so permit, much less does it demand of him for any
far as shall be compatible with his self respect client, violation of law or any manner of fraud or
and with his right to receive reasonable chicanery, he must obey his own conscience and
recompense for his service; and lawsuits with the not that of his client.
clients should be resorted to only to prevent
injustice, imposition or fraud.
16. Restraining clients from improprieties

15. How far a lawyer may go in supporting a A lawyer should use his best efforts to restrain
client's cause and to prevent his clients from doing those things
which the lawyer himself ought not to do,
Nothing operates more certainly to create or to particularly with reference to their conduct
foster popular prejudice against lawyers as a towards courts, judicial officers, jurors, witnesses
class, and to deprive the profession of that full and suitors. If a client persist in such
measure of public esteem and confidence which wrongdoings the lawyer should terminate their
belongs to the proper discharge of its duties than relation.
does the false claim. often set up by the
unscrupulous for the defense of questionable
transactions, that it is the duty of the lawyer to do
17. Ill-feelings and personalities between 20. Newspaper discussion of pending litigation
advocates
Newspaper publication by a lawyer as to pending
Clients, not lawyers, are the litigants. Whatever or anticipated litigation may interfere with a fair
may be the ill-feeling existing between clients, trial in the courts and otherwise the due
should not be allowed to influence counsel in administration of justice. Generally, they are to be
their conduct and demeanor toward each other or condemned. If the extreme circumstances of a
toward suitors in the case. All personalities particular case justify a statement to the public, it
between counsel should be scrupulously is unprofessional to make it anonymous. An ex
avoided. In the trial of a cause it is indecent to parte reference to the facts should not go beyond
allude to the personal history or the personal quotation from the records and papers on file in
peculiarities and idiosyncrasies of counsel on the the court; but even in extreme cases it is better to
other side. Personal colloquies between counsel avoid an ex parte statement.
which cause delay and promote unseemly
wranglings should also be carefully avoided.
21. Punctuality and expedition
It is the duty of the lawyer not only to his client,
18. Treatment of witnesses and litigants
but also to the courts and to the public to be
A lawyer should always treat adverse witnesses punctual in attendance, and to be concise and
and suitors with fairness and due consideration, direct in the trial and disposition of causes.
and he should never minister to the malevolence
or prejudices of a client in the trial or conduct of a
cause. The client can not be made the keeper of 22. Candor and fairness
the lawyer's conscience in professional matter.
He has no right to demand that his counsel shall The conduct of the lawyer before the court and
abuse the opposite party or indulge in offensive with other lawyers should be characterized by
personalities. Improper speech is not excusable candor and fairness.
on the ground that it is what the client would say It is not candid nor fair for the lawyer knowingly to
if speaking in his own behalf. misquote the contents of a paper, the testimony
of a witness, the language or the argument of
opposing counsel, of the language of a decision
19. Appearance of lawyer as witness for his or a textbook; or with knowledge of its invalidity,
client to cite as authority a decision that has been
overruled or a statute that has been repealed, or
When a lawyer is a witness for his client, except
in argument to assert as a fact that which has not
as to merely formal matters, such as the
been proved, or in those jurisdictions where a
attestation or custody of an instrument and the
side has the opening and closing arguments to
like, he should leave the trial of the case to other
mislead his opponent by concealing or
counsel. Except when essential to the ends
withholding positions in his opening argument
justice, a lawyer should avoid testifying in behalf
upon which his side then intends to rely.
of his client.
It is unprofessional and dishonorable to deal time for signing a bill of exceptions, cross
other than candidly with the facts in taking the interrogatories and the like, the lawyer must be
statements of witnesses, in drawing affidavits and allowed to judge. In such matters no client has a
other documents, and in the presentation of right to demand that his counsel shall be illiberal,
causes. or that he does anything therein repugnant to his
own sense of honor and propriety.

A lawyer should not offer evidence which he

knows the court should reject, in order to get the 25. Taking technical advantage of opposite
same before the jury by arguments for its counsel; agreement with him
admissibility, nor should he address to the judge
A lawyer should not ignore known customs or
arguments upon any points not properly calling
practice of the bar or of a particular court, even
for determination by him. Neither should he
when the law permits, without giving timely notice
introduce into an argument, addressed to the
to the opposite counsel. As far as possible,
court, remarks or statements intended to
important agreements, affecting the rights of
influence the bystanders.
clients, should be reduced to writing, but it is
dishonorable to avoid performance of an
agreement fairly made because it is not reduced
23. Attitude towards jury
to writing, as required by the Rules of Court.
All attempts to curry favor with juries by fawning
flattery or pretended solicitude for their personal
comfort are unprofessional. Suggestions of 26. Professional advocacy other than before
counsel, looking to the comfort or convenience of courts
jurors, and propositions to dispense with
A lawyer openly, and in his true character may
arguments, should be made to the court out of
render professional services before legislative or
the jury's hearing. A lawyer must never converse
other bodies, regarding proposed legislation and
privately with jurors about the case; and both
in advocacy of claims before departments of
before and during the trial he should avoid
government upon the same principles of ethics
communicating with them even as to matters
which justify his appearance before courts; but it
foreign to the cause.
is unprofessional for a lawyer so engaged, to
conceal his attorneyship, or to employ secret
personal solicitations, or to use means other than
24. Right of lawyer to control the incidents of the
those addressed to reason and understanding, to
trial
influence action.
As to incidental matters pending trial, not
affecting the merits of the cause, or working
substantial prejudice to the rights of the client, 27. Advertising, direct or indirect
such as forcing the opposite lawyer to trial when
It is unprofessional to solicit professional
he is under affliction or bereavement; forcing the
employment by circulars, advertisements,
trial on a particular day to the injury of the
through touters, or by personal communications
opposite lawyer when no harm will result from a
or interviews not warranted by personal relations.
trial at different time; agreeing to an extension of
Indirect advertisements for professional 28. Stirring up litigation, directly or through
employment such as furnishing or inspiring agents
newspaper comments, or procuring his
It is unprofessional for a lawyer to volunteer
photograph to be published in connection with
advice to bring a lawsuit, except in rare cases
causes in which the lawyer has been or is
where ties of blood, relationship or trust make it
engaged or concerning the manner of their
his duty to do so. Stirring up strife and litigation is
conduct, the magnitude of the interest involved,
not only unprofessional, but it is indictable at
the importance of the lawyer's position, and all
common law. It is disreputable to hunt up defects
other like-laudation, offend the traditions and
in titles or other causes of action and inform
lower the tone of our profession and are
thereof in order to be employed to bring suit or
reprehensible; but the customary use of simple
collect judgment, or to breed litigation by seeking
professional cards is not improper.
out those with claims for personal injuries or
those having any other grounds of action in order
to secure them as clients, or to employ agents or
Publication in reputable law lists in a manner
runners for like purposes, or to pay or reward,
consistent with the standards of conduct imposed
directly or indirectly, those who bring or influence
by those canons of brief biographical and
the bringing of such cases to his office, or to
informative data is permissible. Such data must
remunerate policemen, court or prison officials,
not be misleading and may include only a
physicians, hospital attaches or others who may
statement of the lawyer's name and the names of
succeed under the guise of giving disinterested
his professional associates; addresses,
friendly advice, in influencing the criminal, the
telephone numbers, cable addresses; branches
sick and the injured, the ignorant or others, to
of the profession practiced; date and place of
seek his professional services. A duty to the
birth and admission to the bar; schools attended;
public and to the profession devolves upon every
with dates of graduation, degrees and other
member of the bar having knowledge of such
educational distinctions; public or quasi-public
practices upon the part of any practitioner
offices; posts of honor; legal authorship; legal
immediately to inform thereof, to the end that the
teaching positions; memberships and offices in
offender may be disbarred.
bar associations and committees thereof, in legal
and scientific societies and legal fraternities; the
fact of references; and, with their written consent,
29. Upholding the honor of the profession
the names of clients regularly represented. A
certificate of compliance with the Rules and Lawyers should expose without fear or favor
Standards issued by the Special Committee on before the proper tribunal corrupt or dishonest
Law Lists may be treated as evidence that such conduct in the profession, and should accept
list is reputable. without hesitation employment against a member
of the bar who has wronged his client. The
counsel upon the trial of a cause in which perjury
has been committed owe it to the profession and
to the public to bring the matter to the knowledge
of the prosecuting authorities. The lawyer should
aid in guarding the bar against admission to the
profession of candidates unfit or unqualified
because deficient in either moral character or 32. The lawyer's duty in its last analysis
education. He should strive at all times to uphold
No client corporate or individual, however,
the honor and to maintain the dignity of the
powerful nor any cause, civil or political, however
profession and to improve not only the law but
important, is entitled to receive nor should any
the administration of justice.
lawyer render any service or advice involving
disloyalty to the laws whose ministers we are, or
disrespect of the judicial office, which we are
30. Justifiable and unjustifiable litigations
bound to uphold, or corruption of any person or
The lawyer must decline to conduct a civil cause persons exercising a public office or private trust,
or to make a defense when convicted that it is or deception or betrayal of the public. When
intended merely to harass or to injure the rendering any such improper service or advice,
opposite party or to work oppression or wrong. the lawyer invites and merits stern and just
But otherwise it is right, and having accepted condemnation. Correspondingly, he advances
retainer, it becomes his duty to insist upon the the honor of his profession and the best interests
judgment of the court as to the legal merits of his of his client when he renders service or gives
client's claim. His appearance in court should be advice tending to impress upon the client and his
deemed equivalent to an assertion on his honor undertaking exact compliance with the strictest
that in his opinion his client's case is one proper principles of moral law. He must also observe
for judicial determination. and advice his client to observe the statute law,
though until a statute shall have been construed
and interpreted by competent adjudication he is
31. Responsibility for litigation free and is entitled to advise as to its validity and
as to what he conscientiously believes to be its
No lawyer is obliged to act either as adviser or just meaning and extent. But above all a lawyer
advocate for every person who may wish to will find his highest honor in a deserved
become his client. He has the right to decline reputation for fidelity to private trust and to public
employment. duty, as an honest man and as a patriotic and
loyal citizen.

Every lawyer upon his own responsibility must

decide what employment he will accept as 33. Partnership - names
counsel, what causes he will bring into court for
plaintiffs, what case he will contest in court for Partnerships among lawyers for the practice of
defendants. The responsibility for advising as to their profession are very common and are not to
questionable defenses is the lawyer's be condemned. In the formation of partnerships
responsibility. He cannot escape it but urging as and the use of partnership names, care should
an excuse that he is only following his client's be taken not to violate any law, custom, or rule of
instructions. court locally applicable. Where partnerships are
formed between lawyers who are not all admitted
to practice in the courts of the state, care should
be taken to avoid any misleading name or
representation which would create a false
impression as to the professional position or lawyer's relation to his client should be personal,
privilege of the member not locally admitted. and his responsibility should be direct to the
client. Charitable societies rendering aid to the
indigents are not deemed such intermediaries.
In the formation of partnerships for the practice of
law no person should be admitted or held out as
practitioner or member who is not a member of A lawyer may accept employment from any
the legal profession duly authorized to practice, organization, such as an association, club or
and amenable to professional discipline. In the trade organization, to render legal services in any
selection and use of a firm name, no false, matter in which the organization, as an entity, is
misleading, assumed or trade name should be interested, but this employment should not
used. The continued use of the name of a include the rendering of legal services to the
deceased or former partner, when permissible by members of such an organization in respect to
local custom, is not unethical, but care should be their individual affairs.
taken that no imposition or deception is practiced
through this use. When a member of the firm, on
becoming a judge, is precluded from practicing 36. Retirement from judicial position or public
law, his name should not be continued in the firm employment
name.
A lawyer should not accept employment as an
advocate in any matter upon the merits of which
he has previously acted in a judicial capacity.
Partnership between lawyers and members of
other professions or non-professional persons A lawyer, having once held public office or having
should not be formed or permitted where any part been in the public employ should not, after his
of the partnership's employment consists of the retirement, accept employment in connection with
practice of law. any matter he has investigated or passed upon
while in such office or employ.

34. Division of fee

37. Confidence of a client
No division of fees for legal services is proper,
except with another lawyer, based upon a It is the duty of a lawyer to preserve his client's
division of service or responsibility. confidences. This duty outlasts the lawyer's
employment and extends as well to his
employees; and neither of them should accept
35. Intermediaries employment, which involves or may involve the
disclosure or use of these confidences, either for
The professional services of a lawyer should not
the private advantages of the client, without his
be controlled or exploited by any lay agency,
knowledge and consent, and even though there
personal or corporate, which intervenes between
are other available sources of such information. A
client and lawyer. A lawyer's responsibilities and
lawyer should not continue employment when he
qualifications are individual. He should avoid all
discovers that this obligation prevents the
relations which direct the performance of his
duties by or in the interest of such intermediary. A
performance of his full duty to his former or to his 41. Discovery of imposition and deception
new client.
When a lawyer discovers that some fraud or
deception has been practiced, which was unjustly
imposed upon the court or party, he should
If a lawyer is accused by his client, he is not
endeavor to rectify it; at first by advising his
precluded from disclosing the truth in respect to
client, and should endeavor to rectify it; at first by
the accusation. The announced intention of a
advising his client, and if his client refuses to
client to commit a crime is not included within the
forego the advantage thus unjustly gained, he
confidence which he is bound to respect. He may
should promptly inform the injured person or his
properly make such disclosure as may be
counsel, so that they may take appropriate steps.
necessary to prevent the act or protect those
against whom it is threatened.
42. Expenses
38. Compensation, commissions and rebates A lawyer may not properly agree with a client that
the lawyer shall pay or beat the expense of
A lawyer should accept no compensation,
litigation; he may in good faith advance expenses
commissions, rebates or other advantages from
as a matter of convenience, but subject to
others without the knowledge and consent of his
reimbursement.
client after full disclosure.

43. Approved law lists

39. Witness
It is improper for a lawyer to permit his name to
A lawyer may properly interview any witness or
be published in a law list the conduct,
prospective witness for the opposing side in any
management or contents of which are calculated
civil or criminal action without the consent of
or likely to deceive or injure the public or the
opposing counsel or party. In doing so, however,
profession, or to lower the dignity or standing of
he should scrupulously avoid any suggestion
the profession.
calculated to induce the witness to suppress or
deviate from the truth, or in any degree to affect
his free and untrammeled conduct when
44. Withdrawal from employment as attorney or
appearing at the trial or on the witness stand.
counsel
The right of an attorney or counsel to withdraw
40. Newspapers from employment, once assumed, arises only
from good cause. Even the desire or consent of
A lawyer may with propriety write articles for
the client is not always sufficient. The lawyers
publications in which he gives information upon
should not throw up the unfinished task to the
the law; but he could not accept employment
detriment of his client except for reasons of honor
from such publication to advice inquiries in
or self-respect. If the client insists upon an unjust
respect to their individual rights.
or immoral course in the conduct of his case, or if
he persists over the attorney's remonstrance in
presenting frivolous defenses, or if he
deliberately disregards an agreement or
obligation as to fees or expenses, the lawyer may
be warranted in withdrawing on due notice to the
client, allowing him time to employ another
lawyer. So, also, when a lawyer discovers that
his client has no case and the client is
determined to continue it; or even if the lawyer
finds himself incapable of conducting the case
effectively. Sundry other instances may arise in
which withdrawal is to be justified. Upon
withdrawal from a case after a retainer has been
paid, the attorney should refund such part of the
retainer as has not been clearly earned.

45. Specialists
The canons of the Philippine Bar Association
apply to all branches of the legal profession;
specialist in particular branches are not to be
considered as exempt from the application of
these principles.

46. Notice of specialized legal service

Where a lawyer is engaged in rendering a
specialized legal service directly and only to other
lawyers, a brief, dignified notice of the fact,
couched in language indicating that it is
addressed to lawyers, inserted in legal
periodicals and like publications, when it will
afford convenient and beneficial information to
lawyers desiring to obtain such service, is not
improper.

47. Aiding the unauthorized practice of law

No lawyer shall permit his professional services,
or his name to be used in aid of, or to make
possible, the unauthorized practice of law by any
lay agency, personal or corporate.