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Code of Professional Responsibility

This document outlines the Code of Professional Responsibility for lawyers. It discusses the lawyer's duties to uphold the law and promote respect for legal processes (Canon 1). It also addresses appropriate ways for lawyers to make their services available, such as not rejecting cases from defenseless clients (Canon 2). Finally, it covers lawyers' conduct and responsibilities in relation to the courts, including not misleading the court or misrepresenting information (Canon 10).
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0% found this document useful (0 votes)
17 views

Code of Professional Responsibility

This document outlines the Code of Professional Responsibility for lawyers. It discusses the lawyer's duties to uphold the law and promote respect for legal processes (Canon 1). It also addresses appropriate ways for lawyers to make their services available, such as not rejecting cases from defenseless clients (Canon 2). Finally, it covers lawyers' conduct and responsibilities in relation to the courts, including not misleading the court or misrepresenting information (Canon 10).
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CODE OF PROFESSIONAL RESPONSIBILITY CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL

SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED


(Promulgated June 21, 1988)
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
CHAPTER I. THE LAWYER AND SOCIETY misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR Rule 3.02 - In the choice of a firm name, no false, misleading or assumed
LAW OF AND LEGAL PROCESSES. name shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or said partner is deceased.
deceitful conduct.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the firm and his name shall be dropped from the firm name unless the law
the law or at lessening confidence in the legal system. allows him to practice law currently.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage Rule 3.04 - A lawyer shall not pay or give anything of value to
any suit or proceeding or delay any man's cause. representatives of the mass media in anticipation of, or in return for, publicity
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a to attract legal business.
controversy if it will admit of a fair settlement.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE


CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER SUPPORTING EFFORTS IN LAW REFORM AND IN THE
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
the defenseless or the oppressed. DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
not refuse to render legal advice to the person concerned if only to the extent HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
necessary to safeguard the latter's rights. PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
TASKS. PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is
not to convict but to see that justice is done. The suppression of facts or the Rule 8.01 - A lawyer shall not, in his professional dealings, use language
concealment of witnesses capable of establishing the innocence of the which is abusive, offensive or otherwise improper.
accused is highly reprehensible and is cause for disciplinary action.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
Rule 6.02 - A lawyer in the government service shall not use his public professional employment of another lawyer, however, it is the right of any
position to promote or advance his private interests, nor allow the latter to lawyer, without fear or favor, to give proper advice and assistance to those
interfere with his public duties. seeking relief against unfaithful or neglectful counsel.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION LAW.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE Rule 9.01 - A lawyer shall not delegate to any unqualified person the
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND performance of any task which by law may only be performed by a member
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. of the bar in good standing.
Rule 7.01 - A lawyer shall be answerable for knowingly making a false Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal
statement or suppressing a material fact in connection with his application for services with persons not licensed to practice law, except:
admission to the bar.
(a) Where there is a pre-existing agreement with a partner or associate that,
Rule 7.02 - A lawyer shall not support the application for admission to the upon the latter's death, money shall be paid over a reasonable period of time
bar of any person known by him to be unqualified in respect to character, to his estate or to persons specified in the agreement; or
education, or other relevant attribute.
(b) Where a lawyer undertakes to complete unfinished legal business of a
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on deceased lawyer; or
his fitness to practice law, nor shall he whether in public or private life,
(c) Where a lawyer or law firm includes non-lawyer employees in a
behave in a scandalous manner to the discredit of the legal profession.
retirement plan even if the plan is based in whole or in part, on a profit
sharing agreement.
CHAPTER III. THE LAWYER AND THE COURTS adduce and the order of its preference. He should also be ready with the
original documents for comparison with the copies.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT. Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of
any in Court; nor shall he mislead, or allow the Court to be misled by any Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
artifice. pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of opposing counsel, or the Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of
text of a decision or authority, or knowingly cite as law a provision already a judgment or misuse Court processes.
rendered inoperative by repeal or amendment, or assert as a fact that which
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break
has not been proved.
or recess in the trial, while the witness is still under examination.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent
misuse them to defeat the ends of justice.
himself or to impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE needlessly inconvenience him.
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
(a) on formal matters, such as the mailing, authentication or custody of an
Rule 11.01 - A lawyer shall appear in court properly attired.
instrument, and the like; or
Rule 11.02 - A lawyer shall punctually appear at court hearings.
(b) on substantial matters, in cases where his testimony is essential to the
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing ends of justice, in which event he must, during his testimony, entrust the trial
language or behavior before the Courts. of the case to another counsel.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by
the record or have no materiality to the case.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
authorities only. TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND to, nor seek opportunity for cultivating familiarity with Judges.
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE. Rule 13.02 - A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or against a
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
party.
prepared himself on the law and the facts of his case, the evidence he will
Rule 13.03 - A lawyer shall not brook or invite interference by another Rule 15.03. - A lawyer shall not represent conflicting interests except by
branch or agency of the government in the normal course of judicial written consent of all concerned given after a full disclosure of the facts.
proceedings.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
CHAPTER IV. THE LAWYER AND THE CLIENT Rule 15.05. - A lawyer when advising his client, shall give a candid and
honest opinion on the merits and probable results of the client's case, neither
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO overstating nor understating the prospects of the case.
THE NEEDY.
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any
Rule 14.01 - A lawyer shall not decline to represent a person solely on
public official, tribunal or legislative body.
account of the latter's race, sex. creed or status of life, or because of his own
opinion regarding the guilt of said person. Rule 15.07. - A lawyer shall impress upon his client compliance with the
laws and the principles of fairness.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient
cause, an appointment as counsel de officio or as amicus curiae, or a request Rule 15.08. - A lawyer who is engaged in another profession or occupation
from the Integrated Bar of the Philippines or any of its chapters for rendition concurrently with the practice of law shall make clear to his client whether he
of free legal aid. is acting as a lawyer or in another capacity.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent
client if:
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
(a) he is not in a position to carry out the work effectively or competently; AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client. Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his Rule 16.02 - A lawyer shall keep the funds of each client separate and apart
relations with paying clients. from his own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and property of his client when
due or upon demand. However, he shall have a lien over the funds and may
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS apply so much thereof as may be necessary to satisfy his lawful fees and
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS disbursements, giving notice promptly thereafter to his client. He shall also
WITH HIS CLIENTS. have a lien to the same extent on all judgments and executions he has secured
Rule 15.01. - A lawyer, in conferring with a prospective client, shall for his client as provided for in the Rules of Court.
ascertain as soon as practicable whether the matter would involve a conflict
Rule 16.04 - A lawyer shall not borrow money from his client unless the
with another client or his own interest, and if so, shall forthwith inform the
client's interest are fully protected by the nature of the case or by independent
prospective client.
advice. Neither shall a lawyer lend money to a client except, when in the
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication interest of justice, he has to advance necessary expenses in a legal matter he
in respect of matters disclosed to him by a prospective client. is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND REASONABLE FEES.
CONFIDENCE REPOSED IN HIM.
Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees:
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH (a) the time spent and the extent of the service rendered or required;
COMPETENCE AND DILIGENCE.
(b) the novelty and difficulty of the questions involved;
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or
(c) The importance of the subject matter;
should know that he is not qualified to render. However, he may render such
service if, with the consent of his client, he can obtain as collaborating (d) The skill demanded;
counsel a lawyer who is competent on the matter.
(e) The probability of losing other employment as a result of acceptance of
Rule 18.02 - A lawyer shall not handle any legal matter without adequate the proffered case;
preparation.
(f) The customary charges for similar services and the schedule of fees of the
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and IBP chapter to which he belongs;
his negligence in connection therewith shall render him liable.
(g) The amount involved in the controversy and the benefits resulting to the
Rule 18.04 - A lawyer shall keep the client informed of the status of his case client from the service;
and shall respond within a reasonable time to the client's request for
information. (h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH (j) The professional standing of the lawyer.
ZEAL WITHIN THE BOUNDS OF THE LAW. Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client,
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the be entitled to a division of fees in proportion to the work performed and
lawful objectives of his client and shall not present, participate in presenting responsibility assumed.
or threaten to present unfounded criminal charges to obtain an improper Rule 20.03 - A lawyer shall not, without the full knowledge and consent of
advantage in any case or proceeding. the client, accept any fee, reward, costs, commission, interest, rebate or
Rule 19.02 - A lawyer who has received information that his client has, in the forwarding allowance or other compensation whatsoever related to his
course of the representation, perpetrated a fraud upon a person or tribunal, professional employment from anyone other than the client.
shall promptly call upon the client to rectify the same, and failing which he Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
shall terminate the relationship with such client in accordance with the Rules compensation and shall resort to judicial action only to prevent imposition,
of Court. injustice or fraud.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY- ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN
CLIENT RELATION IS TERMINATED. THE CIRCUMSTANCES.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client Rule 22.01 - A lawyer may withdraw his services in any of the following
except; case:
(a) When authorized by the client after acquainting him of the consequences (a) When the client pursues an illegal or immoral course of conduct in
of the disclosure; connection with the matter he is handling;
(b) When required by law; (b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action. (c) When his inability to work with co-counsel will not promote the best
interest of the client;
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the same (d) When the mental or physical condition of the lawyer renders it difficult
to his own advantage or that of a third person, unless the client with full for him to carry out the employment effectively;
knowledge of the circumstances consents thereto.
(e) When the client deliberately fails to pay the fees for the services or fails
Rule 21.03 - A lawyer shall not, without the written consent of his client, to comply with the retainer agreement;
give information from his files to an outside agency seeking such information
(f) When the lawyer is elected or appointed to public office; and
for auditing, statistical, bookkeeping, accounting, data processing, or any
similar purpose. (g) Other similar cases.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a
partners or associates thereof unless prohibited by the client. retainer lien, immediately turn over all papers and property to which the
client is entitled, and shall cooperative with his successor in the orderly
Rule 21.05 - A lawyer shall adopt such measures as may be required to
transfer of the matter, including all information necessary for the proper
prevent those whose services are utilized by him, from disclosing or using
handling of the matter.
confidences or secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's
affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.

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