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Syllabus For Legal Ethics

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Jancey Sitiar
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74 views5 pages

Syllabus For Legal Ethics

Uploaded by

Jancey Sitiar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SYLLABUS FOR THE

LEGAL AND JUDICIAL ETHICS


& PRACTICAL EXERCISES SY 2024-2025

I. LEGAL ETHICS
A. PRACTICE OF LAW
1. Concept
a. Privilege
b. Profession, not business
2. Qualifications
3. Continuing requirements for membership in the bar
a. Good moral character
b. Citizenship; reacquisition of the privilege to practice law in the
Philippines
4. Appearance of non-lawyers
a. Law student practice
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals and labor tribunals
d. Proceedings where lawyers are prohibited from appearing
5. Sanctions for practice or appearance without authority
a. Lawyers without authority
b. Persons not lawyers
6. Public officials and practice of law
a. Prohibition or disqualification of former government attorneys
7. Lawyers authorized to represent the government
8. Lawyer's oath

B. DUTIES AND RESPONSIBILITIES OF A LAWYER


1. Society
a. Respect for law and legal processes
b. Efficient and convenient legal services
c. True, honest, fair, dignified, and objective information on legal
services
d. Participation in the improvements and reforms in the legal
system
e. Participation in legal education program
f. Lawyers in government service discharging their tasks
2. The legal profession
a. Integrated Bar of the Philippines
b. Membership and dues
c. Upholding the dignity and integrity of the profession
d. Courtesy, fairness, and candor towards professional colleagues
e. No assistance in unauthorized practice of law

3. The courts
a. Candor, fairness, and good faith towards the courts
b. Respect for courts and judicial officers
c. Assistance in the speedy and efficient administration of justice
d. Reliance on merits of case, not on impropriety tending to
influence the courts

4. The clients
a. Availability of service without discrimination
i. Services regardless of person's status
ii. Services as counsel de oficio
iii. Valid grounds for refusal
b. Candor, fairness, and loyalty to clients
i. Confidentiality rule
ii. Privileged communication
iii. Conflict of interest
iv. Candid and honest advice to clients
v. Compliance with laws
vi. Concurrent practice with another profession
c. Client's money and properties
i. Fiduciary relationship
ii. Co-mingling of funds
iii. Delivery of funds
iv. Borrowing or lending
d. Fidelity to client's cause
i. Use of fair and honest means
ii. Client's fraud
iii. Procedure in handling cases
e. Competence and diligence
i. Adequate protection
ii. Negligence
iii. Collaborating counsel
iv. Duty to apprise client

f. Representation with zeal within legal bounds


g. Attorney's fees
i. Acceptance fees
1i. Contingency fee arrangements
iii. Champertous contracts
iv. Attorney's liens
v. Fees and controversies with clients
vi. Concepts of attorney's fees
h. Preservation of client's confidences
i. Prohibited disclosures and use
ii. Disclosures, when allowed
1. Withdrawal of services
j. Duties of lawyers in case of death of parties represented
C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS
1. Nature and characteristics of disciplinary actions against lawyers
a. Sui generis
b. Prescription of actions
2. Grounds
3. How instituted
4. Proceedings
5. Discipline of Filipino lawyers who practice in foreign jurisdictions
6. Sanctions
D. READMISSION TO THE BAR
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated
E. MANDATORY CONTINUING LEGAL EDUCATION
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
F. NOTARIAL PRACTICE
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions
G. DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF
COURT
1. Judgments, final orders, and entry of judgments
2. Contempt
3. Arraignment and plea
4. Attorney-client privilege
5. Powers and duties of court and judicial officers
6. Disqualification of judicial officers/inhibition
7. Withdrawal from case
8. Standing in court of persons authorized to appear for the
government
9. Government lawyers and private practice
10. Amicus curiae

II. JUDICIAL ETHICS


A. SOURCES
1. New Code of Judicial Conduct for the Philippine Judiciary
2. Code of Judicial Conduct
B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence
C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES
D. DISQUALIFICATION OF JUDICIAL OFFICERS
1. Compulsory
2. Voluntary
E. DISCIPLINE OF MEMBERS OF THE JUDICIARY

1. Members of the Supreme Court


2. Lower court judges and justices
3. Grounds
4. Impeachment
5. Sanctions imposed by the Supreme Court on erring members of the
judiciary

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