need not to be committed in relation to his professional

Code of Professional Responsibility duties; the lawyer may be sanctioned for acts committed in
his private affairs.
Legal Ethics – That branch of moral science which
treats of the duties that an attorney owes to the
court, to his clients, to his colleagues in the profession Moral Turpitude defined:
and to the public. (Justice Malcolm) - “as everything which is done contrary to justice,
modesty or good morals.”
June 21, 1988 - Date of promulgation and adoption
of CPR. Exception:
 Conviction for illegal recruitment and attempt to
SOURCES OF CPR: evade the payment of taxes due to the
1. Canons of Professional Ethics (CPE) was first government while wrong and unlawful, does not
adopted prior to CPR but still it continues to be involve moral turpitude.
the SOURCE OF KNOWLEDGE and understanding Grossly Immoral conduct defined:
of legal ethics. - “it is so corrupt as to constitute criminal act or so
2. Supreme Court decisions on the discipline of unprincipled as to be reprehensible to a high degree
lawyers form the basis of legal ethics. or committed under such scandalous or revolting
circumstances as to shock the common sense of
FOUR DUTIES OF A LAWYER: decency.”
1. The lawyer and the client.
2. The lawyer and the courts. Ex. of grossly immoral conduct:
3. The lawyer and legal profession. Forging a special power of attorney to effect a false real
4. The lawyer and society. estate mortgage and collecting the loan proceedings
from the mortgage.
CANON 1 - A LAWYER SHALL:
- UPHOLD THE CONSTITUTION, PRIVATE AND PROFESSIONAL LIFE:
- OBEY THE LAWS OF THE LAND AND There is no distinction as to whether the transgression
- PROMOTE RESPECT FOR LAW AND FOR is committed in the lawyer’s professional capacity or in his
LEGAL PROCESSES. private life or in his private transactions. This is because a
lawyer may not divide his personality as to be an attorney
at one time and a mere citizen at another, and his private
All lawyers are sworn constitutionalists. As
protectors of the Constitution, lawyers are expected life may reflect unfavorably upon the good name and
to be life- long students of the Constitution. They are prestige of the profession and the courts.
expected to know, understand and uphold the
Constitution. Unlawful Conduct defined:

-An unlawful conduct is an act or omission

The Lawyer’s Oath – is a source of obligations and its
violation is a ground for suspension, disbarment. And which is against the law. It is a transgression of
other disciplinary proceedings. any provision of law, which need not be penal.
- Includes violation of the statutory prohibition on a
RULE OF THE LAW – sometimes called the gov’t employee to engage in private practice of his
profession unless authorized by law.
“supremacy of the law”, provides that decisions
should be made by the application of known legal
principles or laws without the intervention of GENERAL RULE ON LAWYER’S FINANCIAL DEBT:
discretion in their application (Black’s Law Dictionary). - A lawyer may not be suspended or disbarred, and the
The phrase to promote respect for law and for legal court may not ordinarily assume jurisdiction to
processes means it is the duty of a lawyer to uphold discipline him, for misconduct in his non-professional
the “Rule of Law”. or private capacity.

Rule 1.01 - A lawyer shall not engage in unlawful, ISSUANCE OF WORTHLESS CHECKS to settle financial
dishonest, immoral or deceitful conduct. obligations is gross misconduct in view of its
DELETERIOUS EFFECTS TO THE PUBLIC INTERESTS AND
PUBLIC ORDER.
Duty to Act with Honesty, Morality and Lawful
Conduct - Any of the three would be sufficient ground Gross misconduct defined:
to file disciplinary proceedings against a lawyer. The - Is any inexcusable, shameful or flagrant unlawful
dishonesty, gross immorality and violation of a law conduct on the part of the person concerned in the
 administration of justice which is prejudicial to Compromise and settlement of cases is encouraged: The
the rights of the parties or to right determination law does not limit compromise to cases about to be filed, it
of the cause. can be effected even after final judgment as authorized by
- It is generally motivated by premeditated, the Civil Code,
obstinate or intentional purpose, but doesn’t
necessarily imply corruption or criminal intent. NATURE OF COMPROMISE AGREEMENT:
1. A party must give up some of his rights that he has, in
AQUITTAL IN CRIMINAL CASE NOT A BAR IN consideration of the same act on the part of the other
DISBARMENT PROCEEDINGS because: side.
a. The standards of legal profession are not 2. Lawyers need written special authority to compromise
satisfied by conduct which merely enables one their client’s litigation or receive anything in the
to escapes the penalties of criminal law. discharge of a client’s claim or full amount in cash.
b. The court in disbarment proceedings is acting 3. A compromise agreement signed by a lawyer in behalf
in an entirely different capacity from that of a party to the agreement without authorization of
which courts assume in trying criminal case. the latter is not void but unenforceable.
c. Administrative cases of lawyers belong to class 4. An agreement between a lawyer and his client that
of their own. They are distinct from and may forbids the client from entering a settlement without
proceed independently of civil and criminal the lawyer’s consent is against public policy and not
cases. permitted.

Rule 1.02 - A lawyer shall not counsel or abet

activities aimed at defiance of the law or at
lessening confidence in the legal system. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE :
Ex. of activities aimed at the defiance of the law: A. IN AN EFFICIENT AND CONVENIENT MANNER
B. COMPATIBLE WITH THE
Repeatedly disobeying orders of the Security - INDEPENDENCE,
and Exchange Commission hearing panel to - INTEGRITY AND
appeal in its hearings and repeatedly failing
- EFFECTIVENESS OF THE PROFESSION.
to substantiate his excuse for non-
appearance.

Duty to be an efficient lawyer :

Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or The efficiency demanded of a lawyer must not be
proceeding or delay any man's cause. realized at the expense of the independence, integrity and
effectiveness of the profession.
Two duties: To be efficient does not mean the abandonment of
1. Duty against barratry - Encouraging suits or one’s integrity in order to achieve a given cause at all cost.
legal actions must always be with noble
intent to pursue or protect a right. Duty to be proficient in English Language
2. Duty not to delay any man’s cause - Must (REMEMBER: Our EOP )
not hinder a person in his pursuit of
protection or right.
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
Barratry – the offense of frequently exciting or oppressed.
stirring up quarrels and suits, either at law or
otherwise.
Duty to the Defenseless and the Oppressed
- The person who engaged in barratry is a
barretor or barrator. General Rule: Lawyer is duty bound to serve these
marginalized citizens. The rule mandates all lawyers to
Maintenance – is the intermeddling of an accept as clients those who may have found
uninterested party to encourage lawsuit. themselves in the fringes of society

Rule 1.04 - A lawyer shall encourage his clients to Rule 2.02 - In such cases, even if the lawyer does not
avoid, end or settle a controversy if it will admit of a accept a case, he shall not refuse to render legal
fair settlement. advice to the person concerned if only to the extent
necessary to safeguard the latter's rights.
Duty to promote fair and amicable settlement:
Duty to give Legal Advice on the Rights if the - It cannot be a mere supplemental feature of a
Defenseless and the Oppressed paper, magazine, trade journal or periodical which
This rule in the only exception to the general is published principally for other purpose
rule that consultation creates a lawyer-client 3. Ordinary simple professional card is permitted: may
relationship Even if no lawyer-client relationship contain a statement of his name, his law firm name,
is created, a lawyer is still duty bound to give legal address, and special branch of law practice.
advice to the defenseless and the oppressed in 4. Simple announcement of the opening of a law firm or
protection of the latter’s rights of changes in the partnership, associates, firm name or
office address
Rule 2.03 - A lawyer shall not do or permit to be 5. His name listed in a telephone directory but not under
done any act designed primarily to solicit legal a designation of a special branch of law.
business. Not allowed advertising
1. A lawyer may not properly publish his brief
Duty to Shun Vulgar Solicitation biographical and informative data in a daily paper,
- It is highly unethical for a lawyer to advertise magazine, trade journal or society program
his talents or skill as a merchant advertises 2. A lawyer may not publish his name in a law list in
his wares. which the conduct, management or contents are
Practice of Law vs. Business calculated or likely to deceive or injure the public
1. A duty of public service or the bar, or to lower dignity or standing of the
2. A relation as an “officer of the court” to the profession.
administration of justice involving thorough
sincerity, integrity and reliability Ambulance chasing, defined.
3. A relation to clients in the highest degree of - One seeking out persons in negligence cases and
fiduciary directing them to an attorney in consideration of a
4. A relation to colleagues at the bar characterized percentage of the recovery.
by candor, fairness, and unwillingness to resort
to current business methods of advertising and Prohibiting professional advocacy to promote his law
encroachment on their practice, or dealing practice or to solicit clients
directly with their clients. Canon 26 of the Canons of Professional Ethics
- Lawyer openly may render professional services
Dignified Solicitation Allowed before legislative or other bodies regarding
If it is made in a modest and decorous manner, it proposed legislation and in advocacy of claims
would bring no injury to the lawyer and to the bar. before departments of government
Thus, the following are allowed: - It is unprofessional for a lawyer so engaged, to
1. Use of simple signs stating the name or names of conceal his attorneyship, or to employ secret
the lawyers, the office and residence address and personal solicitation, or to use means other than
fields of practice those addressed to reason and understanding, to
2. Advertisement in legal periodicals bearing the influence action.
same brief facts
3. Publication in reputable law lists of brief Rule 2.04 - A lawyer shall not charge rates lower than
biographical and informative data those customarily prescribed unless the circumstances
so warrant.
Good Reputation as the Best Advertisement
Canon 27 of the Canons of Professional Ethics
The most worthy and effective advertisement CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
possible, even for a young lawyer, and especially with SERVICES SHALL USE ONLY:
his brother lawyers, is the establishment of a well- - TRUE,
merited reputation for professional capacity and - HONEST,
fidelity to trust. - FAIR,
Must be the outcome of character and conduct - DIGNIFIED AND
- OBJECTIVE INFORMATION OR STATEMENT OF
Permitted Advertising FACTS.
1. May include only statement of the: Lawyer’s
name; The names of his professional associates;
short biography; contact addresses/numbers. The Duty of honest and dignified pronouncement of legal
2. The law list must be a reputable law list services:
published primarily for that purpose The embellishment and exaggeration of
credentials is not only frowned upon. It is sanctionable
because there is a certain degree of dignity that must 4. A lawyer is not authorized to use a name other than
be maintained. the name inscribed in the Roll of Attorneys in his
practice of law.
Rule 3.01 - A lawyer shall not use or permit the use 5. Lawyers cannot practice under a foreign law firm
of any false, fraudulent, misleading, deceptive, name bec. the foreign law firm is not authorized to
undignified, self-laudatory or unfair statement or practice law in the Philippines and to avoid
claim regarding his qualifications or legal services. confusion on part of future clients.

Duty Not to use Fraudulent or misleading Use of a deceased partner’s name:

pronouncement of qualifications: - It is permissible provided that “the firm indicates in
All communications regarding the lawyer must all its communications that said partner is
contain information that is necessary for the client to deceased.”
be informed about the professional competence of a Reason why it is permitted: An able lawyer without
lawyer. This info. would include: connections will have to make name for himself
1. Office information – law firm name, and starting from scratch. Another able lawyer who can join
contact numbers. an old firm, can initially ride on the old firm’s
2. Relevant biographical information reputation established by the deceased partner.
3. Description of the practice but only
designations and definitions authorized by Continued use of Retired partner’s name:
the agency. A retired partner can be in a “of counsel” status
4. Permitted fee information. and retain his name in the firm name esp. if the firm
name has been long- established and well-recognized
Some self- laudation must be limited and others and communications about the lawyer’s status clearly
prohibited: indicate that he is retired.

Use or Assumed Trade Name is not allowed:

 Information on scholastic honors, or election in
public office may be disseminated. A partnership for the practice of law is not a legal
 the lawyer may not announce the successful entity. It is a mere relationship or association for a
results he has obtained on behalf of his clients particular purpose. It is not a partnership formed for the
or the lawyer’s record in obtaining favorable purpose of carrying on a trade or business or of holding
judgments for the reason that past performance property.”
of the lawyer is not an indication of future
Application of the word “associates” in the firm name:
performance, and because no lawyer can guarantee
Associates describe those who are employees of the
the results of any legal action. firm. It can be misleading in two situations: 1. Where two
 Testimonials from previous clients are not lawyers are partners and they share both responsibility and
allowed. liability; and 2. Where two lawyers practice separately
sharing no responsibility and liability.
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The Firm Name for Solo Practitioners:
continued use of the name of a deceased A solo practitioner may not use a firm name which is
partner is permissible provided that the firm misleading such as: use of associates or affiliates, or
indicates in all its communications that said designate himself as senior atty. Where he is the only atty.
partner is deceased. in the law firm.
BUT he may use the term “Law Firm”, which may
Duty of Honesty in the Firm name and selection consists of many lawyers or only a single practitioner.
of the Firm Name:
Rule 3.03 - Where a partner accepts public office, he shall
1. Generally, the law firm name is derived from withdrawal from the firm and his name shall be dropped
the surnames of the founding members of the
from the firm name unless the law allows him to practice
law firm.
law currently.
2. Usually, firm names “identify the more active
and/or more senior members or partners in
the law firm.” Public officials that are prohibited to engage in the
practice of law:
3. Art. 1825 of the Civil Code prohibits third
1. Judges and other officials or employees of the
person from including his name in the firm
superior court;
name under pain of assuming the liability of a
partner. 2. Officials and employees of the Solicitor general.
3. Gov’t prosecutors;
 4. President, Vide- President, Members of the
Cabinet, their deputies and assistants; - But a lawyer who endorses a judicial candidate or seeks
5. Members of the Constitutional Commissions that endorsement from other lawyers should be
6. Ombudsman and his deputies; actuated by a sincere belief in the superior qualifications
7. All governors, city and municipal mayors; of the candidate for judicial service and not by personal
8. Prohibited by special law. or selfish motive.

Exceptions: CANON 5 - A LAWYER SHALL

 Under Sec. 7 of RA 6713/Code of Conduct of Ethical a. KEEP ABREAST OF LEGAL DEVELOPMENTS,
Standards for Public officials and Employees, a b. PARTICIPATE IN CONTINUING LEGAL EDUCATION
public officer is prohibited to engage in the private PROGRAMS,
practice of their profession unless authorized by the c. SUPPORT EFFORTS TO ACHIEVE HIGH
Constitution or law provided that such practice will STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
not conflict or tend to conflict with their official AND
functions. d. ASSIST IN DISSEMINATING THE LAW AND
 Member of congress who are lawyers may JURISPRUDENCE.
practice law provided they may not “personally
appear” as a counsel before any court of
justice, or before electoral tribunals, or quasi- Duty to Keep Abreast of Legal Developments
judicial and other administrative bodies. Hence,
they may retain their names in the law firm A lawyer must not only be guided by the strict
standards imposed by the lawyer’s oath, but should
names. The same also applies to Members of
likewise espouse legally sound arguments for clients.
the Sangguniang who are lawyers.
Genesis of the MCLE
Rule 3.04 - A lawyer shall not pay or give
August 22, 2000, the Supreme Court adopted Bar
anything of value to representatives of the mass Matter No. 805.
media in anticipation of, or in return for,
publicity to attract legal business. On December 01, 2001, the Supreme Court
approved the MCLE implementing regulations which
paved the way for the full implementation.
 Payment to media for publicity is a callous
contempt to commercialize the legal
profession bec. it attracts legal business for
legal profession is a public service profession. Bar Matter 850: Mandatory Continuing Legal
Education

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE Purpose: To ensure that throughout their career, they
DEVELOPMENT OF THE LEGAL SYSTEM BY keep abreast with law and jurisprudence, maintain the
INITIATING OR SUPPORTING EFFORTS IN LAW ethics of the profession and enhance the standards of
REFORM AND IN THE IMPROVEMENT OF THE law practice.
ADMINISTRATION OF JUSTICE.
Requirements of Completion of MCLE
Members of the IBP, unless exempted under Rule 7,
Duty to Support the Improvement of the Legal shall complete every 3 years at least 36 hours of
System continuing education activities.
Lawyers should participate in proposing and
supporting legislation and program to improve Parties Exempted from the MCLE: those who hold
the legal system, without regard to the general public positions such as senators, ombudsman, and
interests or desires of clients or former clients. He even Incumbent deans, bar reviewers and professors of
should encourage the simplification old laws and law who have teaching experience for at least ten (10)
the repeal or amendment of laws that are years in accredited law schools
outmoded.

Duty of Lawyers to assist the judicial and Bar CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS
Council (JBC)
IN GOVERNMENT SERVICES IN THE DISCHARGE OF
A lawyer may with propriety endorse a THEIR TASKS.
candidate for a judicial office and seek like
endorsement from other lawyers.
Duties Apply to Lawyers in government Service - The prohibitions are those which may be found
General Rule: a lawyer who holds a under the Anti-Graft and Corrupt Practices Act
government
office may not be disciplined as a member of the Rule 6.03 - A lawyer shall not, after leaving
Bar for misconduct in the discharge of his duties government service, accept engagement or
as a government official. employment in connection with any matter in which
he had intervened while in said service.
Exception: If his governmental infraction also
constitutes a violation of his oath as a member of the
Duty to Avoid Conflict of Interest After Leaving the
bar. government service
The word “intervene” is limited to mean only an
Higher standard of integrity is required from act of a person who has the power to influence the
government lawyers than private practitioners subject proceedings and which act should not be
This is expected because delinquency of a insubstantial and insignificant.
government lawyer erodes the people’s trust and
Section 7(b) of RA 6713 prohibits certain
confidence in the government
transactions and interests during the incumbency of
the public official and for a period of one year after his
When a public officer is sanctionable as a public resignation, retirement or separation from the public
officer and when as a lawyer office.
1. Violations of RA 6713 ("Code of Conduct and
Ethical Standards for Public Officials and Employees.") Relation to Canon 36 of the Canons of Professional
are not subject to disciplinary action under the Code Ethics
of Professional Responsibility unless the violations A lawyer should not accept employment as an
also constitutes infractions of specific provisions of advocate in any matter upon the merits which he has
the Code of Professional Responsibility previously acted in a judicial capacity.
2. A disbarment case may be filed following a
finding of guilt in an administrative investigation by
the proper government authority. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
3. A disbarment case may be filed against a Register INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
of Deeds who was dismissed by the President of the SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Philippines for the illegal issuance of TCTs.

Rule 6.01 - The primary duty of a lawyer engaged in Duty to uphold the integrity and dignity of the Legal
public prosecution is not to convict but to see that Profession; Duty to support the Integrated Bar of the
justice is done. The suppression of facts or the Philippines (IBP)
concealment of witnesses capable of establishing The lawyer must be ever conscious that his conduct,
the innocence of the accused is highly reprehensible behavior, bearing, language and reputation are projection
and is cause for disciplinary action. not only of all the lawyers in the country bur a projection of
the legal profession as well.
Duty of a Public Prosecutor to see that Justice is
Done Example of Violation of Canon 7
The public prosecutor does not side with either 1. Enticing private individuals to invest their money in an
party but instead should be guided by what evidence investment scheme which was an activity not authorized by
is presented by the contending parties. the company’s by-laws
He should not institute criminal charges when he
knows that the charges are not supported by Relation to Canon 29 of the Canons of Professional Ethics
probable cause. Lawyer should expose without fear or favor before the
He should also make known any evidence that proper tribunal corrupt or dishonest conduct in the
tends to negate the guilt of the accused, mitigate the profession and should accept without hesitation
degree of the offense, or reduce the punishment. employment against a member of bar who has wronged his
clients.
Rule 6.02 - A lawyer in the government service
shall not use his public position to promote or Brief History of the Integrated Bar of the Philippines (IBP)
advance his private interests, nor allow the 1. Supreme Court created Commission on Bar Integration
latter to interfere with his public duties. on October 5, 1970 which was tasked to serve as a
common vehicle of the court and the bar in fashioning a
Duty to separate Public Duties from Private Interests blueprint for integration and putting same into actual
- A public office is a public trust. operation.
2. Republic Act 6397, which become effective election of appointment to any position in the
September 17, 1971, confirmed the power of the Integrated Bar or any Chapter thereof shall be
Supreme Court to adopt rules of court to effect considered ipso facto resigned from his position as of
the integration of the Philippine Bar. the moment he files his certificate of candidacy for
3. January 9, 1973 the Supreme Court by a per curiam any elective public office or accepts appointment to
resolution, pursuant to its constitutional mandate any judicial, quasi-judicial, or prosecutory office in the
ordained the integration of the Bar in accordance Government or any political subdivision or
with its Rules 139-A, effective January 16, 1973. instrumentality thereof.
4. Within the next succeeding months, the IBP was
organized. On February 17, 1973, local chapters all Rule 7.01 - A lawyer shall be answerable for knowingly
over the country finally formed and elections for making a false statement or suppressing a material fact in
chapter officers were held. connection with his application for admission to the bar.

Integrated Bar, defined Requirements for all applicants for admission to the bar:
Is a state-organized bar, to which every Every applicant for admission as a member of the bar
lawyer must belong, as distinguished from bar - must be a citizen of the Philippines,
associations organized by individual lawyers - at least twenty-one years of age,
themselves, membership in which is voluntary. - of good moral character, and
- resident of the Philippines; and
Purpose of the IBP - must produce before the Supreme Court
1. Assist in the administration of justice; satisfactory evidence of good moral
2. Foster and maintain, on the part of its character, and that
members, high ideals of integrity, learning, - no charges against him, involving moral
professional competence, public service and turpitude, have been filed or are pending in any
conduct; court in the Philippines.
3. Safeguard the professional interests of its
members; Additional requirements for other applicants:
4. Cultivate among its members a spirit of - studied law for four years, and
cordiality and brotherhood; - successfully completed all prescribed courses, in a law
5. Provide a forum for the discussion of law, school or university,
jurisprudence, law reform, pleading, practice - The affidavit of the candidate, accompanied by a
and procedure, and the relations of the Bar to certificate from the university or school of law
the Bench and to the public, and publish - before he began the study of law, he had pursued pre-
information relating thereto; law and satisfactorily completed in an authorized and
6. Encourage and foster legal education; recognized university or college,
7. Promote a continuing program of legal - the completion of a four-year high school course,
research in substantive and adjective law, and
make reports and recommendations thereon. Rule 7.02 - A lawyer shall not support the application for
8. Enable the Bar to discharge its public admission to the bar of any person known by him to be
responsibility effectively. unqualified in respect to character, education, or other
relevant attribute.
General Objectives of the IBP
1. To elevate the standards of the legal profession, Duty to Support only those Qualified to be admitted to
2. To improve the administration of justice; and the Bar
3. To enable the Bar to discharge its public Just as the lawyer himself must be qualified with
responsibilities more effectively. respect to his character, education and the other
requirements, the lawyer must expect every other
applicant to be equally qualified.
Effect of Non-Payment of IBP dues: warrant
suspension of membership in the Integrated Rule 7.03 - A lawyer shall not engage in conduct that
Bar, and a ground for the removal of the name adversely reflects on his fitness to practice law, nor shall
of the delinquent member from the Roll of he whether in public or private life, behave in a
Attorneys.
scandalous manner to the discredit of the legal
Non-political nature of the IBP: profession.
No lawyer holding an elective, judicial,
quasi-judicial, or prosecutory office in the Duty to be Professional and Dignified
Government or any political subdivision or Directs all lawyers must behave in a professional
instrumentality thereof shall be eligible for and dignified manner before the general public.
 objective assessment of the client’s options and must not
denigrate the other lawyer’s professional standing in order
to obtain for himself the client’s account.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
_______________________________________ INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Canon 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES,
Duty to a lawyer to shun unauthorized practice of
AND SHALL AVOID HARASSING TACTICS
Law is founded on public interest and policy.
AGAINST OPPOSING COUNSEL.
Purpose: to protect the public, the court, the client,
and the bar from incompetence or dishonesty of
Duty of Professional Courtesy: those unlicensed to practice law and not subject to
Lawyers are duty bound to uphold the the disciplinary control of the Court.
dignity of the legal profession. A lawyer must
give respect to a fellow lawyer at the same way Effects of unauthorized practice of law: can bring
that he expects to be respected by others. detriment, danger, and damage to private individuals
Advising a client to file disbarment case who should be receiving competent and learned legal
against opposing client is not unethical where assistance from lawyers.
the lawyer was compelled in good faith to do so,
and it was done with no improper motive, Practice of Law – refers to any activity, in or out of
lawyer cannot be found guilty of “instigating” the court which requires the application of law, legal
disbarment proceedings against a brother procedure, knowledge, training and experience.
attorney.
- Practice of law is not a natural or constitutional
Rule 8.01 A lawyer shall not, in his professional right but a special privilege, highly personal and
dealings, use language which is abusive, partakes the nature of public trust.
offensive or otherwise improper. - One who has passed the bar examinations but has
not yet taken his oath and signed the roll of
Duty to be Professional in Language attorneys is not yet authorized to practice law.
This rule covers not only disrespectful - Practice of law without authority may be punished
language towards a fellow lawyer, but also for indirect contempt.
covers such language towards a party litigant. If
the language is towards the courts, Canon 11, SHYSTER – In legal ethics, it is a non- lawyer
Rule 11.03 will apply. pretending to be a lawyer.

General Rule of Statements in judicial proceedings:

Specialized practice of Law: a lawyer may prefer a
Statements made in the course of judicial particular field of law as his interest as he has
proceedings are absolutely privileged developed mastery and expertise in that particular
 Offensive remarks in pleadings are not “privilege field.
communication.” This is the exception to the above- A lawyer shall not permit his professional service or
stated general rule. This constitutes unprofessional his name to be used in aid or collaborate on cases
conduct that may subject the lawyer to disciplinary with a person, agency personal or corporate which
actions, even if the publication is privileged.
are not authorized to practice law.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of
Rule 9.01 - A lawyer shall not delegate to any unqualified
another lawyer, however, it is the right of any person the performance of any task which by law may
lawyer, without fear or favor, to give proper advice only be performed by a member of the bar in good
and assistance to those seeking relief against standing.
unfaithful or neglectful counsel.
Lawyering is a profession:
Duty to Refrain from Professional Encroachment:
A lawyer shall not delegate or assign to an
Professional courtesy extends to the respect for the
unqualified person a lawyer’s delicate job because not all
lawyer-client relationship existing between another
persons are capable of doing a lawyer’s job in every field of
lawyer and his clients.
law. As a profession, lawyers can demand payment for
their services which have certain standard of quality.
 Should the client manifest his dissatisfaction with his
present lawyer, the new lawyer must give only an
The Lawyer and the Law Student: representation to another in order to avoid
A law student can help the lawyer in the fields confusion.
of lawyer’s work such as examination of a case law and
court records, interviewing witnesses, making collection Private Practice- involves the exercise of a profession
of claims, delivering papers and other similar matters. or vocation usually for gain, mainly as attorney by
BUT the student is not permitted to perform the acting in a representative capacity and as counsel by
professional functions of a lawyer, such as conducting rendering legal advice to others.
court trials, giving prof. advice to clients or drawing legal
documents from them. Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
A Law Student Practice Rule (Rule 138- A): licensed to practice law, except:
1. Conditions for student practice:
 He is on his 4th year in law school. (a) Where there is a pre-existing agreement with a
 Enrolled in a recognized law school’s legal partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of
education approved by the SC.
2. Appearance: He shall be under the direct time to his estate or to persons specified in the
supervision and control of a member of the IBP agreement; or
in all his appearance in court.
Exception: law student appears before an inferior (b) Where a lawyer undertakes to complete
court as an agent or a friend of a party where unfinished legal business of a deceased lawyer; or
issues and procedure are relatively simple even
without supervision of a lawyer. (c) Where a lawyer or law firm includes non-lawyer
3. Privileged communications shall also apply to the employees in a retirement plan even if the plan is
student. based in whole or in part, on a profit sharing
4. Law student shall comply with the standards of agreement.
professional conduct governing members of the Practical reasons for the rule/duty to maintain the
Bar. integrity of the lawyer’s fees:
Reasons for the need of a supervising lawyer for a
1. Fees for legal services are the fruits earned from the
practicing law student: proper application of the study of law.

1. To ensure no miscarriage of justice. 2. If fees were to be allowed to non- lawyers, it would

2. Law school clinic may be able to protect leave the public in hopeless confusion as to whom to
itself from any potential vicarious liability consult in case of necessity and also leave the bar in a
arising from any culpable action of their law chaotic condition because non- lawyers are not amenable
students. to disciplinary measures.

SELF- REPRESENTATION (SEC. 34 RULE 128): Canon 34 of CPE:

The individual litigant may personally do - Prohibits an agreement for the payment to the widow
everything in the course of proceedings from and heirs of a deceased lawyer of a percentage of fees
commencement to the termination of the received from the future business of the deceased lawyer’s
litigation. clients.
- No division of fees for legal services is proper except
Danger of self- representation: runs the risk of with another lawyer, based upon the division of service or
failing in the legal nuisances because of his responsibility.
ignorance of legal substance and procedures.

Self- representation cannot be availed in

criminal cases because the right to counsel Canon 10 - A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT
cannot be waived even though he is the most
intelligent man because he does not know how
to establish his innocence.
Duty of Candor to the Courts:
- A party must choose between self- While a lawyer owes fidelity to the cause of his
representation or being a member of the bar. client, it should not be at the expense of truth and the
During the course of proceedings, a party should administration of justice
not be allowed to shift from one form of
 detriment of other courts, lawyers, and the public who
Duty to Obey Court Orders: may be misled.
1. Lawyers should obey court orders and processes;
Lawyer’s signature on pleadings: it constitutes as a
willful disregard of them can subject lawyers to
certificate by him that he has read the pleading and that to
punishment for contempt and disciplinary
the best of his knowledge, information and belief, there is
sanctions
good ground to support it
2. A lawyer has the graver responsibility (than any
other profession) to uphold the integrity of the
courts and show respect to their processes Rule 10.03 A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.
3. This duty exists no matter how minor the court
order may seem
Duty of Fidelity to the Rules of Procedures:
4. Failure to do so is only partially justified by his
attention to his sick relatives
5. Failure to receive court orders is not an excuse Note: Rules of Court have the force and effect of law; real
when there is negligence spirit and intent should be invoked (remember StatCon
lesson- Rules of Court are liberally construed)
6. On vague or erroneous court orders: Lawyer
should carry out the spirit and intent (and just
openly defy the court order) Filing a Dilatory appeal: filing an appeal to delay the
Duty to file pleadings on time: enforcement of a final judgment. Splitting an appeal into
several actions is an abuse of processes of court
Late filings may be exculpated by
fortuitous events or force majeure, but absence
of these factors will hold the lawyer liable.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
Relevant illustration of lawyer’s disrespect to THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
court orders: OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
Lawyer’s attempt to raise issues long since OTHERS.
laid to rest by final and executor
judgments.
As an officer of the court, it is his duty to uphold the
Rule 10.01: A lawyer shall not do any dignity and authority of the court which he owes fidelity
falsehood, nor consent to the doing of any in accdg. to the oath he has taken. Respect for the courts
Court; nor shall he mislead, or allow the Court guarantees the stability of our democratic institutions
to be misled by any artifice. which, without respect, would be resting on a very shaky
foundation.
Duty of Fidelity to the Courts Canon 11 also speaks respect due to the judicial
Falsehood without intent, causing no officers. Thus, lawyers must also extend respect to the
material damage, is sanctionable. clerk of the court.
Illustration of violation of the rule:
Rule 10.02: A lawyer shall not knowingly
misquote or misrepresent the contents of a Stating in a radio interview that a judge was
paper, the language or the argument of ignorant of the law and he is studying mahjong rather
opposing counsel, or the text of a decision or than studying law.
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or A. Forms of Disrespect to the Court:
amendment, or assert as a fact that which has
not been proved. 1. Disregard from the court orders is disrespect to
the court; examples:
Duty to Give Accurate Quotations and Citations: a. Failure to file a reply as ordered by the SC is
sanctionable.
The Golden Rule (on how to quote
court decisions): court decisions must be b. Disobeying a TRO issued by the CA.
reproduced, copied or quoted word-for-word - Court orders however erroneous they may be,
must be respected especially by lawyers who are by
and punctuation-mark-for-punctuation mark.
themselves officers of the courts because of the
respect and consideration that should be extended to
Rationale of the rule: This is because accdg. to the judicial branch of the gov’t.
Art 8, CC, jurisprudence forms part of the law of
the land, thus they must be exactly quoted,
otherwise they might lose their proper and
correct meaning, to the
2. Harassment of judges is also disrespect to that is has been made. Thus, it cannot be a defense in
the Court. a charge of indirect contempt.
The filing of baseless and frivolous i. Lawyers facing direct contempt may not be allowed to
administrative complaints against judges is a retire from practice of law bec. it would negate the
clear harassment to exact vengeance for power to punish him for contempt.
rendering adverse judgments. A counsel can
also be held to account for assisting a client in Differences of Direct and Indirect Contempt:
filing an utterly unmeritorious administrative
complaint against a judge because it is a form of Indirect or constructive contempt:
harassment and an attempt to unduly influence a. The contemnor may be punished only “after the
the course of the appeal. charge in writing has been filed, and an opportunity
has been given to the accused to be heard by himself
3. Unexplained failure to appear at scheduled or counsel.”
hearing is disrespect and an indirect contempt: b. It is appealable.
A lawyer without any explanation or
justification shows disrespect and degrading the Direct contempt:
administration of justice. The lawyer must a. The respondent may be summarily adjudged in
apologize for his non- appearance in court. Even contempt.
if the petition become moot and academic, the b. Only judgments of contempt by MTCs, MCTCs and
counsel must still appear at the hearing. It is MeTCs are appealable.
indirect contempt bec. of disobedience or
resistance to a lawful write, order, judgment or
command by the court.  Using contemptuous language in pleadings directed
against a particular judge but presented in another court
or proceeding constitutes indirect contempt. But if said
B. Remedies in case of a biased and prejudiced pleading is submitted before the same judge, it would be
judge: direct contempt.
The bias and prejudice of a trial judge is
a valid reason for voluntary inhibition of the Rules on Contempt under Rule 71 of the Rules of
judge under Rule 137, Sec. 1 (par2). Mere Court:
suspicion that a
judge is partial is not enough, there must be clear A. Any person may be punished for Direct contempt
and convincing evidence to prove the charge.
if the person is guilty of misbehavior in the presence
of or so near a court as to obstruct or interrupt in the
C. Power of Contempt by the Court: proceedings before the same, including:
- disrespect toward the court,
a. The power of contempt should be exercised on - offensive personalities toward others,
the preservative to uphold respect due to it and - or refusal to be sworn or to answer as a
not on the vindictive principle. witness,
b. Contempt Proceedings are distinct and separate - or to subscribe an affidavit or deposition
from disciplinary or disbarment cases. when lawfully required to do so.
c. Contempt in facie curiae (in the face of the
court) is determined by the trial judge and could PENALTY:
be summarily punished without hearing. Contempt committed against:
d. Disrespectful language in a pleading may also be RTC/CA/SC: Fine not exceeding 2,000 pesos or
committed indirectly, by annuendo or imprisonment not exceeding 10 days or both.
sarcastically.
Lower court: fine not exceeding or imprisonment not
e. The disrespect may be committed against the exceeding 1 day or both.
court and the judiciary in general.
f. The disrespect may be committed in a perverted B. Any person may be punished for Indirect
reasoning or argument stated in pleading. Contempt in any of the following acts (SEC. 3):
g. Want of intention is not an excuse for the a. Misbehavior of an officer of a court in the
disrespectful language used. The counsel cannot performance of his duties.
claim that his words did not mean what any b. Disobedience or resistance to a lawful order.
reader must have understood them as meaning.
c. Any abuse of or any unlawful interference with
h. The subsequent deletion of the paragraph the proceedings of a court.
containing the disrespectful language, made
d. Any improper conduct which tends directly or
through an amendment, does not erase the fact indirectly to impede, obstruct, or degrade the
administration of justice.
 e. Assuming to be an attorney or an officer of to all the parties to the case. It is not an excuse that his
a court and acting as such without tardiness was caused by matters which could reasonably
authority. be foreseen or anticipated such as traffic/breakdown of his
f. Failure to obey a subpoena duly served. vehicle.
g. The rescue or attempted rescue of a
person or property in custody of an officer Rule 11.03 - A lawyer shall abstain from scandalous,
by virtue of an order of the court held by offensive or menacing language or behavior before the
him. Courts.

NOTE: Nothing in the section shall be construed Illustration of violation of the rule both written and oral
as to prevent the court from issuing process to language:
bring the respondent into court, or from holding Using the terms “abhorrent nullity”, “legal
him in custody pending such proceedings. Monstrosity”, “horrible error”

How to commence proceedings: If the disagreement between the counsel and the judge
1. May be initiated by the court against which has degenerated into a personal clash, the use
the contempt was committed by an order of the contempt power may no longer be in the
or formal charge requiring the respondent preservative but already in the vindictive sense. If this
to show cause why he should not be
punished for contempt. happens, the contempt citation would be improper or that
2. Commence by a verified petition with punishment should be revised.
supporting particulars and documents to
support the petition. Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
Where to File: where the charge for indirect materiality to the case.
contempt has been committed against a:
a. RTC/court of equivalent/higher Court should be Duty not to attribute unfounded ill-motives to a
charged/filed with such court. judge:
b. If in lower court should be filed in RTC It is the right of the lawyer also as a citizen to
criticize in properly respectful terms and through
Hearing: respondent may be released from custody legitimate channels the acts if courts and judges.
upon filing of the bond. Illustration of violation of the rule:

PENALTY:
An allegation by a counsel that the proceedings
Contempt committed against: RTC/CA/SC: fine not before the trial court were “irregular” and that the so
exceeding 30,000 pesos or imprisonment not called irregularities “show the accused control over
exceeding 6 months or both. the court and court procedure”.
Lower court: fine not exceeding 5,000 pesos or
imprisonment not exceeding 1 month or both.
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.
Rule 11.01 - A lawyer shall appear in court properly
attired.
Grievance Mechanism:
Proper attire for: a. All grievances against judges must be presented
before the SC as the disciplining authority over all
Male - Barong Tagalog or suit with tie.
judges.
Female – appropriate business attire.
b. It must be shown beyond doubt that the
But generally, the proper attire would be the
judgment is unjust as it is contrary to law or is
contemporary business suit.
not supported by evidence, and the same was
made with conscious and deliberate intent to do
- A lawyer not wearing proper attire in court may be an injustice.
held in contempt of court and ordered to leave the
court and return properly attired.
Elements of inexcusable negligence in rendering an
unjust judgment:
Rule 11.02 - A lawyer shall punctually appear at
court hearings. Judge failed to observe in his performance
of his duty, that diligence, prudence, and care which
the law is entitled to exact in the rendering of public
Punctuality is demanded by the respect which service.
a lawyer owes to the court, the opposing counsel and
 1. Filing of multiple cases based on the same cause of
action and with the same prayer (where the ground
Jurisdiction of the Ombudsman over Judges: for dismissal is litis pendentia)
The Ombudsman is duty- bound to 2. Filing multiple cases based on the same cause of action
have all cases against judges and court and the same prayer, the previous case having been
personnel filed before it referred to the SC for finally resolved (where the ground for dismissal is res
determination of whether an administrative judicata)
aspect is involved in accordance with Art. VIII
Sec. 6 of Constitution. In the meantime that the 3. Filing multiple cases based on the same cause of
administrative matter is pending before the SC, action but with different prayers (splitting of
the Ombudsman must defer action on the causes of action, where the ground for dismissal
criminal complaint against the judge or court is also either litis pendentia or res judicata)
personnel.
Summary dismissal:
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT same shall be ground for summary dismissal with
AND CONSIDER IT HIS DUTY TO ASSIST IN THE prejudice and shall constitute direct contempt, as well
SPEEDY AND EFFICIENT ADMINISTRATION OF as a cause for administrative sanctions.
JUSTICE.
[Even in the judiciary] the rule requiring a Certificate
of Non-Forum Shopping may be relaxed when so
Duty to Assist in the Speedy and Efficient warranted
Administration of Justice:  Willful intent is required: when there’s no
Lawyers should not forget that they are, first intention on the part of the lawyer to mislead the
and foremost, officers of the court, bound to exert court, he can’t be sanctioned
every effort to assist in the speedy and efficient  Literal identity of the parties is not required: It’s
administration of justice. This duty is not only of the sufficient that there is identity of interests
lawyer but also of the judge represented.

Rule 12.01 A lawyer shall not appear for trial unless Certificate of Non-Forum Shopping is executed by
he has adequately prepared himself on the law and the party, not the counsel:
the facts of his case, the evidence he will adduce If executed by the counsel, it’s defective
and the order of its preference. He should also be equivalent to a non-compliance with the requirement
ready with the original documents for comparison Rationale: it is the party himself who would be in a
with the copies. position to know whether another case had been filed
or not.
Rule 12.02 A lawyer shall not file multiple actions
arising from the same cause. Res judicata distinguished from Forum shopping:

Duty not to Engage in FORUM SHOPPING: a. Res judicata is what results when a present case
Forum Shopping is a malpractice of trifling filed is barred by a prior final judgment
with the courts and abusing their processes (Forum b. Forum shopping requires another pending case
shopping is the litigants’ act of getting their legal case Illustration:
heard in the court thought most likely to provide a Filing an action for the annulment if the sale
favorable judgment) and the recovery of property allegedly inherited from
the deceased will not prosper where the same
Elements of Forum Shopping: property and the same claim are pending
1. Identity of parties or at least such parties as adjudication in a separate proceeding for the
representing the same interests in both actions settlement of the estate of the deceased.
2. Identity of the rights asserted and the reliefs
prayed for, the relief being founded on same facts Rule12.03 A lawyer shall not, after obtaining extensions
3. The identity of the two preceding particulars, such of time to file pleadings, memoranda or briefs, let the
that any judgment rendered in the other will period lapse without submitting the same or offering an
amount to res judicata in the action under explanation for his failure to do so.
consideration
Duty to File Pleadings Seasonably:
3 ways to commit forum shopping:
1. The grant of extensions of time to file pleadings is Multiple or repetitious petitions - filing, in behalf of
a mere liberality upon the granting authority, so the same petitioners, a second petition for review on
it must not be abused. A lawyer who files a certiorari of the same CA decision that had been
motion for extension does not do so as a matter previously denied with finality.
of right. It’s a mere plea.
Rule 12.05 A lawyer shall refrain from talking to his
2. An extension of time for filing of briefs will not witness during a break or recess in the trial, while
be allowed except for good and sufficient cause, the witness is still under examination.
and only if it’s filed before the expiration of the
time sought to be extended Duty not to Coach a Witness under Examination:
3. Allowance or denial of the motion filed is Witness Preparation (allowed): occurs before the
addressed to the sound discretion of the court testimony; lawyer’s act of advising the client of the
4. Explanation for failure to file pleading seasonably intended testimony and the witnesses’ ability to convey the
must be acceptable. information and advocate the strengths of the testimony;
5. Lawyers should not presume that the extension here the lawyer can inform the witness what to expect,
that may be granted shall be counted from how to act properly, and the procedures Witness Coaching
notice. Thus, lawyers should not wait until their (not allowed): done during testimony; counsel obfuscates
motion for extension is acted upon. They should the truth or instructs the witness to lie. It makes the
file their pleadings within the period which they testimony appear contrived, rehearsed, and unreliable.
requested in their motion for extension.
Rule 12.06 - A lawyer shall not knowingly assist a witness
Illustration: to misrepresent himself or to impersonate another.
The excuse that the counsel was suffering
from hypertension was not accepted, as the counsel Duty not to Present a False Witness
could have informed the court in due time Dealing with corrupt witnesses: when the judge is
convinced that the witness makes false statements, he
Rule 12.04 A lawyer shall not unduly delay a case, may immediately order that the witness be prosecuted for
impede the execution of a judgment or misuse Court perjury.
processes.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a
Duty Against Dilatory moves and Misuse of Court witness nor needlessly inconvenience him.
- this speaks of duty to expedite litigation.
- this is because a lawyer owes a duty to the Duty to Respect Witness:
court to “assist the court in the expeditious Because a witness is not an antagonistic party, so
consideration and disposal of pending he/she should be respected and treated with politeness
cases” and courtesy

 Technicalities should not be improperly Rule 12.08 A lawyer shall avoid testifying in behalf of his
used to thwart substantial justice. Hence, a client, except:
party should not invoke defect of from where (a) on formal matters, such as the mailing,
no prejudice to substantial rights are involved authentication or custody of an instrument, and the like;
or
Treble costs can be assessed against dilatory (b) on substantial matters, in cases where his testimony
and frivolous appeals and tactics: is essential to the ends of justice, in which event he must,
Frivolous / dilatory appeals: Where the during his testimony, entrust the trial of the case to
rights of a party have been made crystal clear by another counsel.
a lower court decision, it may also already be
clear that any appeal from it is clearly Duty not to be a Witness and Counsel at the Same Time:
groundless and that the appeal made is only for If a lawyer is both counsel and witness, he
the purpose of delay. Such a scheme is an becomes more easily impeachable for interest and thus
attempt to defeat the administration of justice may be a less effective witness. The public will be inclined
to believe that a lawyer’s testimony is altered to serve the
Illustration: client’s interest. He is an ineffective position or arguing his
Repeatedly resorting to the remedy of certiorari own credibility. The roles of an advocate and a witness are
is a dilatory tactic inconsistent.

Example of Misuse of Court Processes: Rationale of the rule:

1. It’s designed to protect the integrity of the must keep a professional distance and affinity must
advocate’s professional role by preserving the be kept respectful.
distinction between advocacy, which is based on
reason and subject to objective evaluation, and Rule 13.02 - A lawyer shall not make public
testimony, which is based on the witness’ moral statements in the media regarding a pending case
qualities and is evaluated in terms of individual tending to arouse public opinion for or against a
credibility. party.
Duty not to resort to the Bar of Public Opinion during the
2. It is corollary to the rule that an advocate pendency of a case:
may not inject personal belief as to the However, it should be recognized that certain
cause into argument to the judge. In other statements may be generally permitted, such as a
words, it eliminates the opportunity to mix statement on the general nature of a claim or defense in a
argument and fact. pending case.

 Prohibition does not apply to a former counsel Illustration of violation of the rule:
 This does not mean that a lawyer cannot Publication in a newspaper with the title, “Senior
testify as witness. His remedy would be to prosecutor lambasts Surigao judge for allowing murder to
withdraw from active management of the bail out.”
case.
Sub- Judice defined:
- Refers to matters under or before a judge or
CANON 13 - A LAWYER SHALL: court; under judicial consideration.
- RELY UPON THE MERITS OF HIS CAUSE Basis/purpose of the Sub- Judice rule:
- AND REFRAIN FROM ANY IMPROPRIETY The courts must be allowed to deal with the legal
WHICH TENDS: issues that are before it free from undue interference and
- TO INFLUENCE, influences by others making public statements about how
- OR GIVES THE these issues should be dealt with. It also protects the
APPEARANCE OF witnesses because public statements may change relevant
INFLUENCING THE facts of what he witnessed.
COURT. Ex. of violation of sub- judice rule:
a. public discussion of a prior criminal record
which is not relevant to the present
Duty not to influence judges: charge against him;
Any inappropriate ex parte b. on-screen admissions of guilt by the accused.
communication with the judge is disallowed. A
lawyer should not communicate or argue Open- Justice principle:
privately with the judge as to the merits of the Refers to the public right to scrutinize and
pending cause and deserves rebuke and criticize courts and court proceedings.
denunciation for any device of attempt to gain Purpose: to prevent idiosyncrasy or judicial
from judge special personal consideration favor. arbitrariness and maintain public confidence in the
administration of justice. Also, it has been just as
Rule 13.01 - A lawyer shall not extend fundamental to a democratic society of freedom of
extraordinary attention or hospitality to, nor speech.
seek opportunity for cultivating familiarity with
Judges. Post- litigation criticisms:
It is the duty of a lawyer to criticize and
Duty of non-fraternization with judges: expose the shortcomings and indiscretions of courts
A lawyer’s treatment of judges must and judges by criticizing concluded litigations
not be with the end in view of cultivating because then the court’s actuations are thrown open
closeness which can be converted later on to to public consumption and discussion.
seek favors from the judge.
Being a former law school classmate,
being a neighbor/fraternity brother, both lawyer Illustration of disrespectful post- litigation criticisms:
and the judge must be aware and conscious as a. A lawyer stating through a local newspaper,
to where such friendship must end. “the only remedy to put an end to so much
When it comes to matters pending in evil, is to change the members of the SC.”
the judicial docket, the lawyer and the judge
Rule 13.03 - A lawyer shall not brook or invite arraignment and the trial with a his chosen counsel (CDP),
interference by another branch or agency of but during presentation of evidence, he
the government in the normal course of judicial appears by himself alone because of the inexcusable
proceedings.
absence of his counsel.

The court can appoint a CDO during (or in the middle

Judicial Independence defined: of) the trial: If an accused’s CDP deliberately makes
himself incompetent, the Court can appoint a CDO to
- It is the doctrine that decisions of the judiciary enable the trial to proceed until CDP finally appears.
should be impartial and not subject to influence
from the other branches of a gov’t or from Reason: because otherwise, the pace of the criminal
prosecution will be entirely dictated by the accused to
private or political interests.
the detriment of the resolution of the case.
Two types of Judicial Independence:
 The need for this appointment arises when an
1. Institutional independence – means the judicial
accused is penniless and a lawyer’s services as
branch is independent from the executive and
legislative branches. counsel to the former are necessary to secure the
ends of justice and to protect the rights of the party
2. Decisional independence – is the idea that
judges should be able to decide cases solely
based on the law and the facts without letting  People who may avail of this legal service: A poor
the media, politics or other concerns sway their accused who’s unable to employ an atty; Only
decisions, and without fearing penalty in their indigents may avail of services of PAO (Note: a CDO is
careers for their decisions. not automatically a PAO lawyer. Remember, CDO
may come from private sector)

 A CDO gets paid but NOT by indigent client; he

CANON 14 – A lawyer shall not refuse his services to may get compensation from the Court subject to
the needy.
availability of funds. (Rules of Court, Sec 32, Rule 138)

 A CDO is not exempt from any liability in case he

Rule 14.01 – A lawyer shall not decline to represent messes. He’s equally liable as any paid lawyer.
a person solely on account of the latter's race, sex.
creed or status of life, or because of his own opinion Distinguish Counsel de oficio (CDO) from Counsel de
regarding the guilt of said person. parte (CDP):
 CDO is a court appointed lawyer;
Rule 14.02 – A lawyer shall not decline, except for  CDP is the lawyer of the party’s own choice
serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request The right to secure CDP’s services is not absolute:
from the Integrated Bar of the Philippines or any of
Reason: The Court should balance the privilege to
its chapters for rendition of free legal aid.
retain a counsel of choice against the state and
offended party’s equally important right to speedy
Counsel de Oficio(CDO): A lawyer appointed by the and adequate justice,
Court to counsel an accused. One can be a CDO if he’s
a member of the bar in good standing who can
The Court can restrict the accused’s option to retain
competently defend the accused. a CDP under the ff. circumstances:
- When an accused insists on an atty he can’t
In localities where no bar member is available: Court afford;
may appoint any person, resident of the province and
- When he chooses someone who’s not a member
of good repute for ability to defend the accused. of the bar
- When the personally chosen lawyer declines (for
General rule: A lawyer can’t decline being appointed a valid reason) ...and similar others...
as CDO.
Exception: a serious and sufficient cause, like the 1) The right to a CDP is waivable under the ff conditions:
lawyer cannot competently handle the case or 2) - Waiver isn’t contrary to law, public order, public
there’s conflict of interest.
policy, morals, or good customs OR prejudicial to a 3 rd
person with a right recognized by law
Court’s duty to appoint a CDO is NOT mandatory - Waiver is unequivocally, knowingly, and intelligently
when: the accused has proceeded with the made
Amicus Curiae: “friend of the court” a person with
strong interest on the subject matter of an action. He Rule 15.01 - A lawyer, in conferring with a
can be a private person or someone from the prospective client, shall ascertain as soon as
government. practicable whether the matter would involve a
conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.

An amicus curiae becomes a friend of the court A lawyer could determine potential conflict of interest
when: by:
1. He files a petition with the court for permission - the initial conferment of a prospective client,
to file a brief, apparently on behalf of a party but - facts given to him and
actually to suggest a rationale consistent with its - asking the necessary questions regarding the
own views. His briefs are commonly filed in facts and personalities involved in the case.
appeals concerning matters of public interest.
2. Court invites him to help in the disposition of Rule 15.02 - A lawyer shall be bound by the rule on
issues submitted to it. privilege communication in respect of matters
disclosed to him by a prospective client.
Rule 14.03 A lawyer may not refuse to accept
representation of an indigent client if: Rule 15.03 - A lawyer shall not represent conflicting
(a) he is not in a position to carry out the work interests except by written consent of all concerned
effectively or competently; given after a full disclosure of the facts.
(b) he labors under a conflict of interest between
him and the prospective client or between a present Rule on conflict of interests:
client and the prospective client. 1. Prohibits the lawyer from representing new
clients whose interests oppose those of a former
Indigent party/ pauper litigant: one who has no client in any manner, whether or not they are
money or property sufficient and available for food, parties in the same action or in totally unrelated
shelter and basic necessities for himself and his cases.
family; the Court designates one as such upon ex 2. Good faith and honest intention does not negate
parte application and hearing (to prove that he really the prohibition.
is indigent) 3. To be guilty of representing conflict of interests, a
counsel of record of one party need not also be
An indigent party is entitled to/exempt from: of counsel of record of the adverse party. He
- Docket and other lawful fees (but they create a does not have to publicly hold himself as the
lien on the judgment that will be rendered, counsel of the adverse party, nor make his efforts
unless the court provides otherwise) transcripts to advance the adverse party’s conflict of
of stenographic notes. interests of record- although these circumstances
are the most obvious and satisfactory proof of
Rule 14.04: A lawyer who accepts the cause of a the charge.
person unable to pay his professional fees shall The duration of time that has elapsed is immaterial in
observe the same standard of conduct governing his determining conflict of interests. So whether the
relations with paying clients. relationship with the client terminated 8yrs before the
creation of new client that has adverse of interest with
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, the first client, there still has conflict of interest.
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND 5. Termination of previous engagement is not a ground
TRANSACTIONS WITH HIS CLIENTS. to disregard the prohibition on conflict of interest
because the client’s confidence once reposed cannot
Duty of candor to his client – a lawyer is not be divested by the expiration of the professional
barred from commercially dealing with his client employment.
but the business transactions must be 6. The absence of any other lawyer in town is not an
characterized with utmost honesty and good excuse to accept cases that has conflict of interest.
faith. 7. Conflict of interests is not limited to litigation cases
but can also rise from financial dealings.
Illustration of violation of this rule:
a. The act requiring his clients to pay A lawyer is forbidden to do either of two things after
15,980 on the pretext that it was severing his relationship with a former client:
needed for the payment of court fees
which were not.
 1. He may not do anything injuriously affect his relevant moral and ethical considerations in giving
former client in any matter in which he formerly advice.
represented him; c. Where consultation with a professional in another
2. Nor he may at any time use against his former field is itself something a competent lawyer, would
client knowledge/information acquired by recommend, the lawyer should make such
virtue of the previous relationship. recommendation ex. family matters with the help
of clinical psychology and business matters with
Rationale for the prohibition on conflict of interests: the aid of financial specialists.

1. The relations of atty. and client are founded on Rule 15.06 - A lawyer shall not state or imply that he
principles of public policy, on good taste. is able to influence any public official, tribunal or
2. To avoid treachery and double- dealing so that legislative body.
clients be encouraged to trust their secrets to
their attorneys. Rule 15.07 - A lawyer shall impress upon his client
compliance with the laws and the principles of
Test to determine if there is conflict of interests: fairness.

- Whether the acceptance of a new relation would Rule 15.08 - A lawyer who is engaged in another
prevent the full discharge of the lawyer’s duty of profession or occupation concurrently with the
undivided fidelity and loyalty to the client or will it practice of law shall make clear to his client whether
invite suspicion of unfaithfulness or double- he is acting as a lawyer or in another capacity.
dealing in the performance of that duty?
- An important criterion is “probability” and not
“certainty” of conflict.
 The objective of this rule is to avoid confusion, both
for the benefit of the lawyer and the client.
Rule 15.04 - A lawyer may, with the written  As a rule, a lawyer is not barred from
consent of all concerned, act as mediator, commercially dealing with client but the
conciliator or arbitrator in settling disputes. business transaction must be characterized with
utmost honesty and good faith.
 A lawyer acts as intermediary in seeking to  Business transactions bet. atty. and his client is
establish or adjust a relationship between clients discouraged by the policy of the law because the
on amicable and mutually advantageous basis ex: lawyer might take advantage of his client’s ignorance
in helping organize a business in which 2 or more using his position.
clients are entrepreneurs.
The alternative can be that each party may have to
obtain separate representation, with the possibility in CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
some situations of incurring additional cost, COME INTO HIS PROFESSION.
complication or even litigation.
 The lawyer then, acts as intermediary. Forms
of intermediation vary from arbitration to Duty to be a Trustee of Client’s Moneys and
mediation where each client’s case Properties: Mainly because what client and lawyer have
presented by the respective client and the is a fiduciary relationship.
lawyer decides the outcome, then to
common representation. Rule 16.01: A lawyer shall account for all money or
property collected or received for or from the client.
Rule 15.05 - A lawyer when advising his client,
shall give a candid and honest opinion on the Duty of Accountability – generally derived from law on
merits and probable results of the client's case, agency which imposes the duties of separation,
neither overstating nor understating the accounting, notification and delivery on all agents
prospects of the case. possessing the principal’s property.

Scope of the Advice:

 A lawyer may not apply any amount he received as
a. Client is entitled to straight-forward advice partial settlement of a judgment to his professional fees
expressing lawyer’s honest assessment. without the concurrence of his client.
b. Purely technical advice can sometime be  Failure in this duty is misconduct. (In one case, the
inadequate unless requested by the client lawyer was suspended) Fear of not being paid is no
himself. It is proper for a lawyer to refer excuse.
 If done with bad faith and deceit – CANON 17 - A LAWYER OWES FIDELITY TO THE
grave misconduct CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF
 Failure to remit amounts to client pursuant to THE TRUST AND CONFIDENCE REPOSED IN HIM.
an execution – misappropriation; such act gives
rise to the presumption that he has appropriated
Canon 17 decrees the fiduciary relationship
the money for his own use; lawyer can be cited in
between a client and his lawyer. The fidelity which a
contempt;
lawyer owes to his client does not necessarily mean
 Restitution may be ordered in all instances absolute adherence to the client’s views or activities.
of failure in this duty.
 The amount/s covered by this rule: Any, not Duty of confidentiality; preservation of client’s
just litigation expenses but also expenses due secrets:
BIR, Register of Deeds, and others.
The protection given to the client is
 Mere failure to promptly report to the client perpetual and does not cease with the termination of
his receipt of the money is punishable the litigation, nor is it affected by the party’s ceasing
to employ the attorney and retaining another, or by
Rule 16.02 A lawyer shall keep the funds of each any other change of relation between them. It
client separate and apart from his own and those of survives the death of the client.
others kept by him.
Rationale:
Rule 16.03 A lawyer shall deliver the funds and - to avoid self- incrimination;
property of his client when due or upon demand. - to maintain the right to counsel;
However, he shall have a lien over the funds and - Encourages a dynamic and fruitful exchange and
may apply so much thereof as may be necessary to flow of information;
satisfy his lawful fees and disbursements, giving - Full disclosure opens the door to the whole spectrum of
notice promptly thereafter to his client. He shall also legal options on the case of the client than limited
have a lien to the same extent on all judgments and information;
executions he has secured for his client as provided
for in the Rules of Court. General rule on transparency in the identity of the client:
as a matter of public policy, a lawyer may not invoke the
Though a lawyer has a lien over his client’s communication privilege and refuse to divulge the name or
funds, he should notify his client about it in identity of his client because:
due time – he should give notice promptly - The court has the right to know that the client whose
(accdg to this rule, he may notify his client after privileged information is sought to be protected is
he satisfies his fees) flesh and blood.
- The privilege exists only after the atty-client
Rule 16.04 A lawyer shall not borrow money relationship has been established.
from his client unless the client's interest - Privilege generally pertains to the subject matter of
are fully protected by the nature of the case the relationship.
or by independent advice. Neither shall a - Due process require that the opposing party should
lawyer lend money to a client except, when know his adversary.
in the interest of justice, he has to advance
necessary expenses in a legal matter he is Exceptions to the general rule: Info relating to the identity
handling for the client. of the client may fall within the ambit of the privilege when
the client’s name itself has an independent significance,
General Rule: No debtor-creditor such as disclosure would then reveal client’s confidences.
relationship between lawyer and client
Purchase of the client’s property by the lawyer under
Exception: Article 1491 of the Civil Code:
- Lawyer may borrow money from his client
only if his client’s interests are fully Under 1491 of the Civil Code, lawyers are
protected prohibited from acquiring either by purchase or
- Lawyer may lend money to a client, when in assignment the property or rights involved which are the
the interest of justice, (during his handling objects of the litigation in which they intervene by virtue of
of the case) he has to advance necessary their profession.
expenses Even if a fair price was paid for the property if it is
object of the litigation, it is void and inexistent pursuant to
Art. 1409 of the Civil Code. Hence, constitutes breach of
professional ethics and constitutes malpractice.
 The prohibition on purchase is all embracing
to include not only sales to private individuals but Because the legal practice is an expansive and wide field, it
also to public or judicial sales. can’t be expected that a lawyer specializes in all and in
every field of law. If a lawyer engages in a practice of law in
which he is not familiar, he will be rendering an inferior
Rationale of the prohibition: service to the detriment of the client and to this
- Public policy disallows the transactions in view of professional embarrassment
the fiduciary relationship involved i.e. the
relation of trust and confidence. Rule 18.02 A lawyer shall not handle any legal matter
- An atty. may easily take advantage of the without adequate preparation.
credulity and ignorance of his client and unduly
enrich himself at the expense of his client. Lawyer’s unfamiliarity with the principles of law applicable
to a client’s legal matters would give rise to disciplinary
action. But an erroneous opinion on a difficult question of
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
law wouldn’t mean that a lawyer acted incompetently; the
WITH COMPETENCE AND DILIGENCE.
“thoroughness” required is that ordinarily employed by
lawyers undertaking similar matters

Diligence with that norm of practice Rule 18.03 A lawyer shall not neglect a legal matter
expected of men of good intentions (as the entrusted to him, and his negligence in connection
practice of law does not require extraordinary therewith shall render him liable.
diligence)
Duty not to be negligent!
Entry and Authority of Appearance: - Because public interest demands.
A lawyer is presumed to be properly - He can’t just entirely entrust/delegate tasks to his staff,
authorized to represent any cause in which he this includes matters pertaining to the resolution of the
appears (and no written power of attorney is case
required for this authority)
- It’s the lawyer’s bounden duty to check, review, and
Formal entry of appearance is no recheck the allegations in their pleadings...
longer required so an appearance may be made
the accuracy of statements, down to the last word and
by simply filing a normal motion, plea, or punctuation mark.
answer.

 If the client is bound by his counsel’s acts, with more

- a law firm’s main and branch offices
reason should counsel be bound by his staff’s acts.
comprise a single law firm
- death of handling lawyer does not
extinguish lawyer-client relationship  Lawyers can be held civilly liable: for negligence in the
handling of his client’s case.
- When relationship is with a law firm, death
of the handling lawyer does not terminate
lawyer-client relationship between the client Rule 18.04 A lawyer shall keep the client informed of the
and law firm; so the lawyers in the firm, to not status of his case and shall respond within a reasonable
be held liable for negligence, should either re- time to the client's request for information.
assign the case or withdraw from it.
- Accountability of a supervising lawyer for A client is entitled to the fullest disclosure of the
an associate lawyer’s misconduct - well, he’ll what’s, how’s and why’s of the case proceedings. Client
just be asked to explain. must receive: periodic and full updates on the mode and
manner that the lawyer is utilizing to defend his interests
Does the lawyer’s negligence bind his client?
General Rule: Yes. XCPN: negligence amounts to
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
deprivation of due process for the client of
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
results to serious injustice

Rule 18.01: A lawyer shall not undertake a legal

service which he knows or should know that he is  It is the duty of a lawyer to serve only within the
not qualified to render. However, he may render bounds of law, fair and honest and for lawful
such service if, with the consent of his client, he can objectives.
obtain as collaborating counsel a lawyer who is
competent on the matter.
  He must give a candid and honest opinion suppression of truth, and includes all surprise, trick and
on the merits and probable of the client’s case cunning unfair way by which another is cheated.
with the end in view of promoting respect for
the law and for legal processes, and counsel or Rule 19.03 - A lawyer shall not allow his client to dictate
maintain such actions or proceedings which the procedure in handling the case.
appear to him as just and such defenses only as
he believes to be honestly debatable under the - Lawyers have the exclusive management of the
law. procedural aspect of the litigation including the
enforcement of the rights and remedies of their client.
 Rationale of the canon: a lawyer’s duty is
not to his client but in the administration of - Even over the objection of the client, a lawyer can
justice; to that end, his client’s success is present or refuse to present certain witnesses.
wholly subordinate; and his conduct ought to
and must always be thoroughly observant of - Mistakes of counsel as to the relevancy or irrelevancy
law and ethics. of certain evidence or mistakes in the proper defense, in
the introduction of certain evidence, or in argumentation
 It is improper for a lawyer to assert in are, among all mistakes and procedure and they bind the
argument his personal belief in his client’s clients.
innocence in the justice of his cause.

 The office of the attorney does not permit, CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
much less does not demand of him for any REASONABLE FEES.
client, violation of law or any manner of fraud
or chicanery, he must obey his own conscience
and not that of his client.
Rule 20.01 A lawyer shall be guided by the following
factors in determining his fees:
Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of
his client and shall not present, participate in (a) the time spent and the extent of the service rendered
presenting or threaten to present unfounded or required;
criminal charges to obtain an improper (b) the novelty and difficulty of the questions involved;
advantage in any case or proceeding. (c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a
Rule 19.02 - A lawyer who has received
result of acceptance of the proffered case;
information that his client has, in the course of
the representation, perpetrated a fraud upon a (f) The customary charges for similar services and
the schedule of fees of the IBP chapter to which he
person or tribunal, shall promptly call upon the
belongs;
client to rectify the same, and failing which he
shall terminate the relationship with such (g) The amount involved in the controversy and the
benefits resulting to the client from the service;
client in accordance with the Rules of Court.
(h) The contingency or certainty of compensation;
Duty not to condone a client’s fraud: (i) The character of the employment, whether
occasional or established; and
A lawyer may not continue assisting a client
(j) The professional standing of the lawyer.
in the conduct that that lawyer originally supposes is
legally proper but then discovers is criminal and
fraudulent. He should: The amount of atty’s fees due is that stipulated in the
retainer agreement, absence such, amount would be
1. Endeavour to rectify it by advising his client. fixed on the basis of the quantum merit (reasonable
worth) of the atty’s services
2. Withdrawal from the representation if necessary
or if the client refused to rectify it.
3. Has discretion to inform promptly the injured Factors to be considered in fixing atty’s
compensation:
person or his counsel, so that they may take
appropriate steps. - Importance of the subject matter of the
controversy
- Extent of services rendered
Definition of Fraud – a generic term, embracing all
- Professional standing of the lawyer
multifarious means which human ingenuity can
devise, and which are resorted to by one individual to
get advantage over another by false suggestions or by
  Court isn’t bound by opinion of a lawyer If there are none, the party litigant would not have to pay
the person or entity which financed the litigation. Any
as to proper compensation; Court may
disregard it and base its conclusion on its own amount advanced would not have to be returned.
professional knowledge Champerty is prohibited on the ground of public policy, it
 No form is required with regard to agreement violates the fiduciary relationship between the lawyer and
on fees but it’s preferred if it’s in writing his client. It’s also a form of maintenance (intermeddling of
 Written agreement on fees is generally
an uninterested party.
binding, but if client is ignorant and
uneducated, such written agreement may not For the party litigant, it’s an issue of litigation financing
be persuasive and the compensation should be (when he has no financial means to pursue litigation).
made on the basis of quantum merit.
 Unless expressly stipulated, payment of
Lawyer’s contingency fee (payment conditional upon
success) is an exception to this prohibition.
lawyer’s fees is not gratuitous (as it’s based on
the law of contract: I do and you give)
 A lawyer may require advance payment of his CHAMPERTOUS CONTRACTS: an agreement between
fees, but he shall return the excess. a third person and a party litigant or a lawyer and his
 A lawyer may accept property in payment client wherein the third person with respect to the
party litigant or the lawyer with respect to his client,
such as ownership interest in an enterprise.
supports the party litigant’s or the client’s litigation in
A lawyer is entitled to recover litigation expenses exchange for a share of the proceeds emanating from
when: the litigation, if there are any.
- Defendant’s act or omission has commission has
compelled the plaintiff to litigate or to incur SYNDICATED LAWSUITS. It’s a form of champerty
expenses to protect his interest; where the litigant sells his shares in his lawsuit to
- The defendant acted in gross and evident bad investors.
faith in refusing to satisfy the plaintiff’s valid, just,
and demandable claim Rule 20.01 A lawyer shall not reveal the confidences
- In any other case where the court deems it just or secrets of his client except;
and equitable that the expenses be recovered (a) When authorized by the client after acquainting
him of the consequences of the disclosure;
Lawyer’s acquisition of his client’s property: (b) When required by law;
(c) When necessary to collect his fees or to defend
He may not: if the properties are the objects of the himself, his employees or associates or by judicial
litigation in which he intervenes (meaning, “during action.
the pendency of the litigation”); this prohibition
includes not only sales to private individuals but also  There are no fixed rules in the setting of
public or judicial sales; this covers not only the attorney’s fees, that’s why they’re negotiable.
purchase but also the assignment of the property There can only be guidelines.
 Judge’s opinion as to the capacity of the lawyer is
He may: if the lawyer acquires it after the termination not a basis of the right to a lawyer’s fees
of the case
Manner of fixing the fees:
Rationale (of the prohibition): public policy disallows Hourly fee basis: a lawyer keeps an accurate record
because of the fiduciary (based on trust and of all the time he had spent on the case, indicating
confidence) nature of the lawyer-client relationship; the number of minutes spent in every activity relating
and because by virtue of the lawyer’s office, he may to the case. It’s usual to mark the time in tenth-of-an-
easily take advantage of the credulity and ignorance hour increments, meaning in chunks of six minutes.
of his client and unduly enrich himself at the expense Then the number will be multiplied by the lawyer’s
of his client. agreed upon hourly rate.
Fixed fee basis: Combination arrangement
 Mere demand for delivery of the litigated property
does not cause the transfer of ownership, thus,  Lawyer may ask for “deposits” which would cover
not a prohibited transaction. the necessary expenses and costs
 An executor or administrator of an estate may
CHAMPERTY: “buying into someone else’s lawsuit”, not charge against the estate any professional
rd
it’s the arrangement in which a 3 party (or even the fee for legal services as such are already paid for
litigation lawyer) supports another’s litigation in in his capacity as executor or administrator
exchange for a share of the proceeds, if there are any.
General elements to be considered in fixing a CONTINGENT FEES: Arrangement where fees are due
reasonable compensation/L only if the lawyer handles a case successfully. Fees
- Importance of the subject matter/controversy will come from the recovered amount in the case. If
- Extent of the services rendered the case is unsuccessful, the client is under no
- Professional standing of the lawyer obligation to pay his lawyer.
Rule 20.02 A lawyer shall, in case of referral, with
the consent of the client, be entitled to a division of Retaining lien on client’s funds and documents (and
fees in proportion to the work performed and property): Upon receipt of the funds belonging to the
responsibility assumed. client, the lawyer may collect any lien which he as
over them in connection with his legal services,
Duty to Divide Fees in Proportion to Work Done provided he gives prompt notice to his client. A
- Applicable in instances where legal work would lawyer is not entitled to unilaterally appropriate his
have to be shared between two or more lawyers client’s for himself by the mere fact that the client
- In this case, fees would have to be shared owes him atty’s fees.
between these lawyers proportionately (on the
basis of the proportion of services they render or QUANTUM MERUIT: “as much as he deserves”; the
by agreement between/among the lawyers) with rule implies a promise to pay a reasonable amount for
the prior consent of the client. the labor and materials furnished
- It doesn’t require disclosure to the client of the
lawyer’s share. Fees based on quantum meruit is authorized when:
- There is no express contract for the payment
Lawyer Referral System: the purpose of this is to aid - Although there’s formal contract, the fees are
individuals who are able to pay fees but need unconscionable or unreasonable
assistance in locating lawyers competent to handle - Void contract
their particular problems. - The counsel, for justifiable cause, was not able
to finish the case to its conclusion
Rule 20.03 A lawyer shall not, without the full - There is a hearing.
knowledge and consent of the client, accept any fee, RETAINING FEE: preliminary fee paid to ensure and secure
reward, costs, commission, interest, rebate or a lawyer’s future services, to remunerate him for being
forwarding allowance or other compensation deprived, by being retained by one party, of the
whatsoever related to his professional employment opportunity of rendering services to the other part and of
from anyone other than the client. receiving pay from him.
Such a payment may be allowed provided it is with
full knowledge and consent of the client and subject  In the absence of an agreement to the contrary, the
to the condition that that lawyer reasonably believes retaining fee is neither made nor received in
that the client’s best interest will not be adversely consideration of the services contemplated; it’s apart
affected from what the client has agreed to pay for the services
which he has retained him to perform
Rule 20.04 A lawyer shall avoid controversies with  Absence of the stipulation of additional atty’s fees is
clients concerning his compensation and shall resort not a bar to the collection of additional atty’s fees
to judicial action only to prevent imposition,
injustice or fraud. 2 kinds of retainer fees:
1. General retainer: the fee paid to a lawyer to secure his
Duty to Avoid Disputes with Client Over Fees: future services as general counsel for
It’s preferable that agreement on fees any ordinary legal problem that may arise in the
between the client and lawyer be in writing (to avoid routinary business of the client and referred to him for
disputes) legal action.
Reason for this is that the lawyer is deprived, by being
ASSUMPSIT: Latin for “he undertook, he promised”, retained by one party, of the opportunity of rendering
It’s a cause of action for unpaid work. Its basis is services to the other part and of receiving pay from him.
common law so it’s not applicable in the Philippines. - This fee is independent and different from the
compensation which the lawyer should receive in
Concepts on attorney’s fees: payment for his services
Ordinary sense: compensation paid by client.
Extraordinary sense: awarded by the court to be paid 2. Special retainer: fee for a specific case handled or
by the losing party (this must be expressly stated in special service rendered by the lawyer for a client.
the decision)
 Expiration of retainer agreement does not mean (a) When authorized by the client after acquainting
that lawyer is no longer entitled to attorney’s him of the consequences of the disclosure;
fees for services rendered
 the dismissal of a counter-claim (for atty’s fees) (b) When required by law;
does not amount to res judicata
 Rights and obligations arising from the lawyer- (c) When necessary to collect his fees or to defend
client relationship is not transmissible (therefore himself, his employees or associates or by judicial
the lawyer may not go against the heirs of his action.
client of payment of his professional fees). The
fees constitute a charge against the client’s state. Attorney- client privileged defined- in the law of
 When a lawyer rendered legal services to the evidence, it is the client’s privilege to refuse to
administrator or executor to assist him in the disclose and to prevent any person from disclosing
execution of his trust, his atty’s fees may be confidential communication between him and his
allowed as administration expense. But the attorney.
estate is not directly liable for his fees, because Factors to consider in creation of a Lawyer- Client
they rest primarily on the executor or relationship:
administrator. 1. Where legal advice of any kind is sought
2. from a professional legal adviser in his capacity as
 His remedy is: a) file an action against the such,
executor in his personal capacity; or b) file a 3. the communications relating for that purpose,
petition in the intestate or testate 4. made in confidence
proceedings 5. by the client,
6. are at his instance permanently protected,
ACCEPTANCE FEE: It’s an absolute fee 7. from disclosure by himself or by the legal advisor,
arrangement which entitles a lawyer to get paid 8. except the protection be waived.
for his efforts regardless of the outcome of the
litigation Rules on creation of Lawyer- Client relationship:
 Written contract is not an essential element in the
employment of an attorney, it could be expressed or
CANON 21 - A LAWYER SHALL PRESERVE THE implied.
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN  Personal relationship is irrelevant
AFTER THE ATTORNEY-CLIENT RELATION IS  Payment of fees to the lawyer is irrelevant.
TERMINATED.  Lawyer- client relationship is not terminated by a trial court’s
decisions on the case.

Rationale of lawyer- client confidentiality: (Self- explanatory rules of Canon 21):

To permit the attorney to reveal to
others what is disclosed, would be not only a Rule 21.02 - A lawyer shall not, to the disadvantage of his
gross violation of a sacred trust upon his part, client, use information acquired in the course of
but it would utterly destroy and prevent the employment, nor shall he use the same to his own
usefulness and benefits derived from advantage or that of a third person, unless the client with
professional assistance. full knowledge of the circumstances consents thereto.
Lawyer- client confidentiality extends Rule 21.03 - A lawyer shall not, without the written
as well to his employees and neither of them consent of his client, give information from his files to an
should accept employment, which involves or outside agency seeking such information for auditing,
may involve the disclosure or use of these
confidences either for the advantage of his statistical, bookkeeping, accounting, data processing, or
client, without his knowledge and consent, and any similar purpose.
even though there are other available sources
of information. Rule 21.04 - A lawyer may disclose the affairs of a
The announced intention of the client client of the firm to partners or associates thereof
to commit crime or fraud is not included within unless prohibited by the client.
the confidence which he bound to respect.
Rule 21.05 - A lawyer shall adopt such measures as
Rule 21.01 - A lawyer shall not reveal the may be required to prevent those whose services
confidences or secrets of his client except; 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  Retirement from the practice of law is not an excuse
members of his family. from properly withdrawing from a case. Even if he has
retired, he can’t still ignore court orders. He must go
Rule 21.07 - A lawyer shall not reveal that he thru proper withdrawal process.
has been consulted about a particular case
 A lawyer appointed to public office remains as counsel
except to avoid possible conflict of interest.
of record where he did not file a motion to withdraw
as counsel.

CANON 22 - A LAWYER SHALL WITHDRAW HIS Procedure for the Substitution of Attorneys. There must
SERVICES ONLY FOR GOOD CAUSE AND UPON be filed:
NOTICE APPROPRIATE IN THE - Written application for such substitution
CIRCUMSTANCES. - Written consent of the client
- If the written consent can’t be obtained, there
must be filed with the application proof of service
Duty to Withdraw Legal Services Only for Good of notice of such motion upon the atty to be
Cause and Upon Notice substituted in the manner prescribed by the rules
- If the foregoing is not complied with, substitution
Rule 22.01 A lawyer may withdraw his services will not be permitted.
in any of the following case:
(a) When the client pursues an illegal or Rule 22.02 A lawyer who withdraws or is discharged shall,
immoral course of conduct in connection with subject to a retainer lien, immediately turn over all
the matter he is handling; papers and property to which the client is entitled, and
(b) When the client insists that the lawyer shall cooperative with his successor in the orderly
pursue conduct violative of these canons and transfer of the matter, including all information necessary
rules; for the proper handling of the matter.
(c) When his inability to work with co-counsel
will not promote the best interest of the client; Duty to Effect an Orderly Turn-Over after
(d) When the mental or physical condition of Withdrawal or Discharge
the lawyer renders it difficult for him to carry
out the employment effectively;  The discharge does not terminate the lawyer’s
(e) When the client deliberately fails to pay the duty to protect the client’s interest.
fees for the services or fails to comply with the
retainer agreement; Lawyer’s right to retain papers: This right persists
(f) When the lawyer is elected or appointed to largely because no substitute procedures have been
public office; and Other similar cases. established to provide a lawyer with a prior secured
claim for his fee.

Requirement of proper withdrawal: Charging lien: a charging lien to be enforceable as

The lawyer should have either the written security for the payment of atty’s fees requires as a
conformity of his client or an order from the court condition sine qua non a judgment for money and
relieving him of the duties of counsel execution in pursuance of such judgment secured in
If the client refuses to give consent to the the main action by the atty in favor of his client. This
retirement or withdrawal, the lawyer must file an lien presupposes that the atty has secured a favorable
application or petition for withdrawal with the court. money judgment for his client.
He must serve a copy of his petition upon his client
and the adverse party at least 3 days before the date
set for hearing, otherwise the court may treat the
application as a “mere scrap of paper.”

Withdrawal of record is required for an attorney of

record in litigation: a lawyer must still appear on the
date of hearing for the atty-client relation does not
terminate formally until there is a withdrawal of
record. Until he is properly relieved as counsel of
record, he will remain responsible for the conduct of
the case.