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CODE OF PROFESSIONAL RESPONSIBILITY Promulgated June 21 1988

The document outlines rules of professional conduct for lawyers. It covers topics such as upholding the law, making legal services available, using honest information in advertising, handling client funds, and interacting with colleagues and courts with courtesy and candor.
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© © All Rights Reserved
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0% found this document useful (0 votes)
44 views6 pages

CODE OF PROFESSIONAL RESPONSIBILITY Promulgated June 21 1988

The document outlines rules of professional conduct for lawyers. It covers topics such as upholding the law, making legal services available, using honest information in advertising, handling client funds, and interacting with colleagues and courts with courtesy and candor.
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 Rule 3.

02 - In the choice of a firm name, no false,


misleading or assumed name shall be used. The
RESPONSIBILITY continued use of the name of a deceased partner
(Promulgated June 21, 1988) is permissible provided that the firm indicates in
all its communications that said partner is
CHAPTER I. THE LAWYER AND SOCIETY deceased.
CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND Rule 3.03 - Where a partner accepts public office,
AND PROMOTE RESPECT FOR LAW OF AND LEGAL he shall withdrawal from the firm and his name
PROCESSES. shall be dropped from the firm name unless the
Rule 1.01 - A lawyer shall not engage in unlawful, law allows him to practice law currently.
dishonest, immoral or deceitful conduct.
Rule 3.04 - A lawyer shall not pay or give anything
Rule 1.02 - A lawyer shall not counsel or abet of value to representatives of the mass media in
activities aimed at defiance of the law or at anticipation of, or in return for, publicity to attract
lessening confidence in the legal system. legal business.

Rule 1.03 - A lawyer shall not, for any corrupt CANON 4 - A LAWYER SHALL PARTICIPATE IN
motive or interest, encourage any suit or THE DEVELOPMENT OF THE LEGAL SYSTEM BY
proceeding or delay any man's cause. INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of
a fair settlement. CANON 5 - A LAWYER SHALL KEEP ABREAST OF
LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL
SUPPORT EFFORTS TO ACHIEVE HIGH
SERVICES AVAILABLE IN AN EFFICIENT AND
STANDARDS IN LAW SCHOOLS AS WELL AS IN
CONVENIENT MANNER COMPATIBLE WITH THE
THE PRACTICAL TRAINING OF LAW STUDENTS
INDEPENDENCE, INTEGRITY AND
AND ASSIST IN DISSEMINATING THE LAW AND
EFFECTIVENESS OF THE PROFESSION.
JURISPRUDENCE.
Rule 2.01 - A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or the
oppressed. CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.
Rule 2.02 - In such cases, even if the lawyer does
not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the Rule 6.01 - The primary duty of a lawyer engaged
extent necessary to safeguard the latter's rights. in public prosecution is not to convict but to see
that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing
Rule 2.03 - A lawyer shall not do or permit to be
the innocence of the accused is highly
done any act designed primarily to solicit legal
reprehensible and is cause for disciplinary action.
business.

Rule 6.02 - A lawyer in the government service


Rule 2.04 - A lawyer shall not charge rates lower
shall not use his public position to promote or
than those customarily prescribed unless the
advance his private interests, nor allow the latter
circumstances so warrant.
to interfere with his public duties.
CANON 3 - A LAWYER IN MAKING KNOWN HIS
Rule 6.03 - A lawyer shall not, after leaving
LEGAL SERVICES SHALL USE ONLY TRUE,
government service, accept engagement or
HONEST, FAIR, DIGNIFIED AND OBJECTIVE
employment in connection with any matter in
INFORMATION OR STATEMENT OF FACTS.
which he had intervened while in said service.
Rule 3.01 - A lawyer shall not use or permit the use
of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services. CHAPTER II. THE LAWYER AND THE LEGAL
PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES (a) Where there is a pre-existing agreement with
UPHOLD THE INTEGRITY AND DIGNITY OF THE a partner or associate that, upon the latter's death,
LEGAL PROFESSION AND SUPPORT THE money shall be paid over a reasonable period of
ACTIVITIES OF THE INTEGRATED BAR. time to his estate or to persons specified in the
agreement; or

Rule 7.01 - A lawyer shall be answerable for (b) Where a lawyer undertakes to complete
knowingly making a false statement or unfinished legal business of a deceased lawyer; or
suppressing a material fact in connection with his
application for admission to the bar. (c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan even if the
Rule 7.02 - A lawyer shall not support the plan is based in whole or in part, on a profit sharing
application for admission to the bar of any person agreement.
known by him to be unqualified in respect to
character, education, or other relevant attribute.
CHAPTER III. THE LAWYER AND THE COURTS
Rule 7.03 - A lawyer shall not engage in conduct
that adversely reflects on his fitness to practice CANON 10 - A LAWYER OWES CANDOR,
law, nor shall he whether in public or private life, FAIRNESS AND GOOD FAITH TO THE COURT.
behave in a scandalous manner to the discredit of
the legal profession.
Rule 10.01 - A lawyer shall not do any falsehood,
nor consent to the doing of any in Court; nor shall
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF he mislead, or allow the Court to be misled by any
WITH COURTESY, FAIRNESS AND CANDOR artifice.
TOWARDS HIS PROFESSIONAL COLLEAGUES,
AND SHALL AVOID HARASSING TACTICS Rule 10.02 - A lawyer shall not knowingly
AGAINST OPPOSING COUNSEL. misquote or misrepresent the contents of a paper,
the language or the argument of opposing counsel,
or the text of a decision or authority, or knowingly
Rule 8.01 - A lawyer shall not, in his professional cite as law a provision already rendered
dealings, use language which is abusive, offensive inoperative by repeal or amendment, or assert as
or otherwise improper. a fact that which has not been proved.

Rule 8.02 - A lawyer shall not, directly or indirectly, Rule 10.03 - A lawyer shall observe the rules of
encroach upon the professional employment of procedure and shall not misuse them to defeat the
another lawyer, however, it is the right of any ends of justice.
lawyer, without fear or favor, to give proper advice
and assistance to those seeking relief against
unfaithful or neglectful counsel. CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INSIST ON SIMILAR CONDUCT BY OTHERS.
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 11.01 - A lawyer shall appear in court
properly attired.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task Rule 11.02 - A lawyer shall punctually appear at
which by law may only be performed by a member court hearings.
of the bar in good standing.
Rule 11.03 - A lawyer shall abstain from
Rule 9.02 - A lawyer shall not divide or stipulate to scandalous, offensive or menacing language or
divide a fee for legal services with persons not behavior before the Courts.
licensed to practice law, except: chanroblesvirtuallawlibrary
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no CANON 13 - A LAWYER SHALL RELY UPON THE
materiality to the case. MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
Rule 11.05 - A lawyer shall submit grievances GIVES THE APPEARANCE OF INFLUENCING THE
against a Judge to the proper authorities only. COURT.

CANON 12 - A LAWYER SHALL EXERT EVERY Rule 13.01 - A lawyer shall not extend
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST extraordinary attention or hospitality to, nor seek
IN THE SPEEDY AND EFFICIENT opportunity for cultivating familiarity with Judges.
ADMINISTRATION OF JUSTICE.
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending case
Rule 12.01 - A lawyer shall not appear for trial tending to arouse public opinion for or against a
unless he has adequately prepared himself on the party.
law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should Rule 13.03 - A lawyer shall not brook or invite
also be ready with the original documents for interference by another branch or agency of the
comparison with the copies. government in the normal course of judicial
proceedings.
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.
CHAPTER IV. THE LAWYER AND THE CLIENT
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or CANON 14 - A LAWYER SHALL NOT REFUSE HIS
briefs, let the period lapse without submitting the SERVICES TO THE NEEDY.
same or offering an explanation for his failure to
do so.
Rule 14.01 - A lawyer shall not decline to represent
Rule 12.04 - A lawyer shall not unduly delay a case, a person solely on account of the latter's race, sex.
impede the execution of a judgment or misuse creed or status of life, or because of his own
Court processes. opinion regarding the guilt of said person.

Rule 12.05 - A lawyer shall refrain from talking to Rule 14.02 - A lawyer shall not decline, except for
his witness during a break or recess in the trial, serious and sufficient cause, an appointment as
while the witness is still under examination. counsel de officio or as amicus curiae, or a
request from the Integrated Bar of the Philippines
Rule 12.06 - A lawyer shall not knowingly assist a or any of its chapters for rendition of free legal aid.
witness to misrepresent himself or to impersonate
another. Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client unless: chanroblesvirtuallawlibrary

Rule 12.07 - A lawyer shall not abuse, browbeat or


harass a witness nor needlessly inconvenience (a) he is not in a position to carry out the work
him. effectively or competently;

Rule 12.08 - A lawyer shall avoid testifying in (b) he labors under a conflict of interest between
behalf of his client, except:
chanroblesvirtuall awlibrary

him and the prospective client or between a


present client and the prospective client.
(a) on formal matters, such as the mailing,
authentication or custody of an instrument, and Rule 14.04 - A lawyer who accepts the cause of a
the like; or person unable to pay his professional fees shall
observe the same standard of conduct governing
(b) on substantial matters, in cases where his his relations with paying clients.
testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust
the trial of the case to another counsel. CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS Rule 16.03 - A lawyer shall deliver the funds and
AND TRANSACTIONS WITH HIS CLIENTS. property of his client when due or upon demand.
However, he shall have a lien over the funds and
may apply so much thereof as may be necessary to
Rule 15.01. - A lawyer, in conferring with a satisfy his lawful fees and disbursements, giving
prospective client, shall ascertain as soon as notice promptly thereafter to his client. He shall
practicable whether the matter would involve a also have a lien to the same extent on all
conflict with another client or his own interest, and judgments and executions he has secured for his
if so, shall forthwith inform the prospective client. client as provided for in the Rules of Court.

Rule 15.02.- A lawyer shall be bound by the rule on Rule 16.04 - A lawyer shall not borrow money from
privilege communication in respect of matters his client unless the client's interest are fully
disclosed to him by a prospective client. protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
Rule 15.03. - A lawyer shall not represent money to a client except, when in the interest of
conflicting interests except by written consent of justice, he has to advance necessary expenses in a
all concerned given after a full disclosure of the legal matter he is handling for the client.
facts.

Rule 15.04. - A lawyer may, with the written CANON 17 - A LAWYER OWES FIDELITY TO THE
consent of all concerned, act as mediator, CAUSE OF HIS CLIENT AND HE SHALL BE
conciliator or arbitrator in settling disputes. MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
Rule 15.05. - A lawyer when advising his client,
shall give a candid and honest opinion on the CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
merits and probable results of the client's case, WITH COMPETENCE AND DILIGENCE.
neither overstating nor understating the prospects
of the case.
Rules 18.01 - A lawyer shall not undertake a legal
Rule 15.06. - A lawyer shall not state or imply that service which he knows or should know that he is
he is able to influence any public official, tribunal not qualified to render. However, he may render
or legislative body. such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who
is competent on the matter.
Rule 15.07. - A lawyer shall impress upon his client
compliance with the laws and the principles of
fairness. Rule 18.02 - A lawyer shall not handle any legal
matter without adequate preparation.
Rule 15.08. - A lawyer who is engaged in another
profession or occupation concurrently with the Rule 18.03 - A lawyer shall not neglect a legal
practice of law shall make clear to his client matter entrusted to him, and his negligence in
whether he is acting as a lawyer or in another connection therewith shall render him liable.
capacity.
Rule 18.04 - A lawyer shall keep the client
informed of the status of his case and shall
CANON 16 - A LAWYER SHALL HOLD IN TRUST respond within a reasonable time to the client's
ALL MONEYS AND PROPERTIES OF HIS CLIENT request for information.
THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money


or property collected or received for or from the
client.

Rule 16.02 - A lawyer shall keep the funds of each


client separate and apart from his own and those
of others kept by him.
(j) The professional standing of the lawyer.
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE Rule 20.02 - A lawyer shall, in case of referral, with
LAW. the consent of the client, be entitled to a division
of fees in proportion to the work performed and
responsibility assumed.
Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of his Rule 20.03 - A lawyer shall not, without the full
client and shall not present, participate in knowledge and consent of the client, accept any
presenting or threaten to present unfounded fee, reward, costs, commission, interest, rebate or
criminal charges to obtain an improper advantage forwarding allowance or other compensation
in any case or proceeding. whatsoever related to his professional
employment from anyone other than the client.
Rule 19.02 - A lawyer who has received
information that his client has, in the course of the Rule 20.04 - A lawyer shall avoid controversies
representation, perpetrated a fraud upon a person with clients concerning his compensation and shall
or tribunal, shall promptly call upon the client to resort to judicial action only to prevent imposition,
rectify the same, and failing which he shall injustice or fraud.
terminate the relationship with such client in
accordance with the Rules of Court.
CANON 21 - A LAWYER SHALL PRESERVE THE
Rule 19.03 - A lawyer shall not allow his client to CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
dictate the procedure in handling the case. AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.

CANON 20 - A LAWYER SHALL CHARGE ONLY


FAIR AND REASONABLE FEES. Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after
Rule 20.01 - A lawyer shall be guided by the acquainting him of the consequences of the
following factors in determining his fees: chanroblesvirtuallawlibrary
disclosure;
(a) the time spent and the extent of the service
rendered or required; (b) When required by law;

(b) the novelty and difficulty of the questions (c) When necessary to collect his fees or to defend
involved; himself, his employees or associates or by judicial
action.
(c) The importance of the subject matter;
Rule 21.02 - A lawyer shall not, to the
(d) The skill demanded; disadvantage of his client, use information
acquired in the course of employment, nor shall he
(e) The probability of losing other employment as use the same to his own advantage or that of a
a result of acceptance of the proffered case; third person, unless the client with full knowledge
of the circumstances consents thereto.
(f) The customary charges for similar services and
the schedule of fees of the IBP chapter to which he Rule 21.03 - A lawyer shall not, without the written
belongs; consent of his client, give information from his files
to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting,
(g) The amount involved in the controversy and
data processing, or any similar purpose.
the benefits resulting to the client from the
service;
Rule 21.04 - A lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
(h) The contingency or certainty of compensation;
unless prohibited by the client.
(i) The character of the employment, whether
Rule 21.05 - A lawyer shall adopt such measures
occasional or established; and
as may be required to prevent those whose
services are utilized by him, from disclosing or
using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet


conversation about a client's affairs even with
members of his family.

Rule 21.07 - A lawyer shall not reveal that he has


been consulted about a particular case except to
avoid possible conflict of interest.

CANON 22 - A LAWYER SHALL WITHDRAW HIS


SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in


any of the following case:chanroblesvirtuallawlibrary

(a) When the client pursues an illegal or immoral


course of conduct in connection with the matter he
is handling;

(b) When the client insists that the lawyer pursue


conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will


not promote the best interest of the client;

(d) When the mental or physical condition of the


lawyer renders it difficult for him to carry out the
employment effectively;

(e) When the client deliberately fails to pay the


fees for the services or fails to comply with the
retainer agreement;

(f) When the lawyer is elected or appointed to


public office; and
(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is


discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
which the client is entitled, and shall cooperative
with his successor in the orderly transfer of the
matter, including all information necessary for the
proper handling of the matter.

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