BASIC LEGAL ETHICS

CHAPTER VII
LAWYER’S DUTIES IN
HANDLING CLIENT’S CAUSE
A. ENTIRE DEVOTION WITHIN
THE LAW
• No lawyer is obliged to act either as adviser or advocate for every person
who may wish to secure his services. He has the right to decline
employment, subject, however, to Canon 14 of the Code of Professional
Responsibility.
• A lawyer owes absolute fidelity to the cause of his client. He owes his
client full devotion to his interest, warm zeal in the maintenance and
defense of his rights.
• No fear of judicial disfavor or public unpopularity should restrain a lawyer
from the full discharge of his duty. In the judicial forum, the client is entitled
to the benefit of any and every remedy and defense that is authorized by
law, and he may expect his lawyer to assert every such remedy or defense.
• It demands of an attorney an undivided allegiance, a conspicuous and high
degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity
and absolute integrity in all his dealings and transactions with his clients
and an utter renunciation of every personal advantage conflicting in any
way, directly or indirectly, with the interest of his client
(Oparel Sr. v. Abaria, A.C. No. 959, July 30, 1971).
Pangasinan Electric Cooperative v. Ayar Montemayor
As held in Aromin v. Atty. Boncavil:
Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must
always be mindful of the trust and confidence reposed in him. He must serve the client with
competence and diligence, and champion the latter’s cause with whole-hearted fidelity, care, and
devotion. Elsewise stated, he owes entire devotion to the interest of the client, warm zeal in the
maintenance and defense of his client’s rights, and the exertion of his utmost learning and ability
to the end that nothing be taken or withheld from his client, save by the rules of law, legally
applied. This simply means that his client is entitled to the benefit of any and every remedy and
defense that is authorized by the law of the land he may expect his lawyer to assert every such
remedy or defense. If much is demanded from an attorney, it is because the entrusted privilege to
practice law carries with it the correlative duties not only to the client but also to the court, to the
bar, and to the public. A lawyer who performs his duty with diligence and candor not only protects
the interest of his client; he also serves the ends of justice, does honor to the bar, and helps
maintain the respect the respect of the community to the legal profession.
Note:
“Public interest requires that an attorney exert his best efforts and ability in
the prosecution or defense of his client’s cause. A lawyer who performs that duty
with diligence and candor not only protects the interest of his client; he also
serves the ends of justice, does honor to the bar and helps maintain the respect
of the community to the legal profession. This is so because the entrusted
privilege to practice law carries with it the correlative duties not only to the client
but also to the court, to the bar and to the public. That circumstance explains the
public concern for the maintenance of an untarnished standard of conduct by
every attorney towards his client.” (Cantiller v. Potenciano, 180 SCRA 246 [1989],
citing Agpalo, Legal Ethics, 3rd ed.)
A lawyer shall perform duty within the law
Rule 15.07
“A lawyer shall impress upon his client compliance
with the laws and the principle of fairness.”

The lawyer’s duty of entire devotion to his client’s cause must be performed
within the bounds of law. He should impress upon his client that his duty is:
• To counsel or maintain such actions or proceedings only as appear to him to be
just;
• To raise such defenses that he believes to be honestly debatable under the law;
and
• To secure for the client, through honorable means, only what is justly due him.
The Code of Professional Responsibility enjoins a lawyer to employ only fair
and honest means to attain the lawful objectives of his client. He may use
any arguable construction of the law or rules which is favorable to his
client.
But he is not allowed:
• To knowingly advance a claim or defense that is unwarranted under
existing law; and
• He cannot prosecute patently frivolous and meritless appeals or institute
clearly groundless actions.
A lawyer shall give candid advice on merits
of case
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 overstating nor understating the prospects of the case.

As officers of the court, counsel are under obligation to advice their clients
against making untenable and inconsistent claims.
Lawyers are not merely hired employees who must unquestionably do the
bidding of the client, however unreasonable this may be when tested by their
own expert appreciation of the facts and applicable law and jurisprudence.
Counsel must counsel.
Duty to comply with client’s lawful request
A lawyer should:
• Comply with the client’s lawful request, he should resist and should never
follow any unlawful instruction of his client;
• Endeavor to seek instruction from his client on any substantial matter
concerning the litigation;
• Give his client the benefit of sound advice on any such and similar
matters; and
• Comply with the client’s lawful instructions.
Note:
The responsibility for advising as to questionable transactions, for
bringing questionable suits, for urging questionable defenses, is the
lawyer’s responsibility. He cannot escape it by urging as an excuse that he
is only following his client’s instruction.
The client’s insistence that a lawyer should do a particular act and the
lawyer’s compliance therewith cannot in any manner justify the lawyer’s
violation of the rules and ethics of the legal profession.
Duty to restrain client form impropriety
A lawyer should use his best efforts to restrain and to prevent his client
from doing things which he himself ought not to do and if the client
persists in such wrong doing, the lawyer should terminate their relation.
A lawyer should not advise his client to do, nor should he approve of, his
impropriety. He may not therefore sanction his client’s act of
compromising the action with the adverse party without the knowledge of
the latter’s attorney. Neither should he advise his client to escape from
prison nor tell him what to do after such escape.
A lawyer shall not undertake
influence-peddling

Rule 15.06
“A lawyer shall not state or imply that he is able to influence
any public official, tribunal or legislative body.”

This code reminds lawyers and clients alike that influence-peddling is

highly unethical and may constitute violation of the provisions of the
Anti-Graft and Corrupt Practices Act.
B. EMPLOYMENT OF
HONORABLE MEANS
The acceptance of a retainer in a civil suit implies that a lawyer honestly
believes that his client has a fairly good cause or defense which is ripe for
judicial adjudication. It then becomes his duty to insist upon the judgment
of the court as to the legal merits of his client’s claim or defense.
His duty of entire devotion to his client’s cause not only requires but
entitles him to employ every honorable means to secure for his client what
is justly due him or to present every defense provided by law to enable his
client to succeed.
Technical defense
• The negative defense of lack of knowledge or information as permitted
by the rules must be availed of with sincerity and in good faith; it must
neither be used to confuse the adverse party as to what allegations are
really put in issue nor employed to delay the litigation.
Prosecuting or defending matrimonial cases
• It is unethical that the lawyer’s participation in any collusion between the
parties, such as in pursuance thereof by encouraging the commission of a
matrimonial offense, by fabricating evidence of such offense not actually
committed or by suppressing evidence of a valid defense.
• A lawyer should not only avoid being a party to such collusion; he must
also avoid any act which may invite or raise suspicion of collusion.
A lawyer shall rectify client’s fraud

Rule 19.02 Canon 41

“A lawyer who has received information “When a lawyer discovers that some
that his client has, in the course of the fraud or deception has been practiced,
representation, perpetrated a fraud upon which was unjustly imposed upon the
a person or tribunal, shall promptly call court or party, he should endeavor to
upon the client to rectify the same, and rectify it; at first by advising his client
failing which he shall terminate the and if his client refuses to forego the
relationship with such client in advantage thus unjustly gained he
accordance with the Rules of Court.” should properly inform the injured person
or his counsel so that they may take
appropriate steps.”
Note:
Canon 41 may collide with the lawyer’s duty to keep the client’s
confidence inviolate, which may be the reason why the Code of
Professional Responsibility merely requires the lawyer to terminate his
relationship with the client in the event the latter fails or refuses to rectify
the fraud. He may not volunteer the information concerning the client’s
commission of fraud to anybody, as it will violate his obligation to maintain
his client’s secrets undisclosed.
C. WHAT ARE REQUIRED TO
PROTECT CLIENT’S INTERESTS
When a lawyer accepts a case, whether for a fee or not, his acceptance is an
implied representation that he:
1. will exercise reasonable and ordinary care and diligence in the pursuit or
defense of the case;
2. will possess the requisite degree of academic learning, skill and ability
in the practice of his profession;
3. will take steps as will adequately safeguard his client’s interests; and
4. will exert his best judgment in the prosecution or defense of the
litigation entrusted to him.
 Rule 18.03
“A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall render him liable.”

Every case a lawyer accepts deserves his full attention, skill and
competence, regardless of its importance and whether he accepts it for a
fee or for free.
A client may reasonably expect that his counsel will make good his
representations that he will represent his client with competence and
diligence.
Duration and extent of lawyer’s duty to
safeguard client’s interest

The attorney’s duty to safeguard the client’s interests commences from his
retainer until his effective release from the case or the final disposition of the
whole subject matter of the litigation. During that period he is expected to take
such reasonable steps and such ordinary care as his client’s interests may
require.
The fact that a lawyer merely volunteered his services or the circumstance that
he was a counsel de oficio neither diminishes nor alters the degree of
professional responsibility owed to his client. The canons of the profession
require that counsel display warm zeal and great dedication to duty irrespective
of the client’s capacity to pay him his fees.
A lawyer shall render service only when
qualified to do so
Rule 18.01
“A lawyer shall not undertake a legal service which he knows or 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 counsel a lawyer who
is competent on the matter.”

A lawyer shall not accept employment in a specific area of law nor

undertake a particular legal service which he knows he is not quantified to
render. For by accepting professional employment, he holds himself out to
his client that he is knowledgeable, competent and skillful to handle the
case.
A lawyer shall not handle a case without
adequate preparation
Rule 18.02
“A lawyer shall not handle any legal matter without
adequate preparation.”

A lawyer should prepare his pleadings with great care and circumspection.
He should refrain from using abrasive and offensive language, for it merely
weakens rather than strengthens the force of legal reasoning and detracts
from its persuasiveness. In preparing a complaint for damages, counsel for
plaintiff should allege and state the specific amounts claimed not only in
the body of the complaint but also in the prayer, so that the proper docket
fees can be assessed and paid.
The counsel must constantly keep in mind that his actions or omissions,
even malfeasance and nonfeasance would be binding to his client. Verily, a
lawyer owes to the client the exercise of utmost prudence and
responsibility in representation.
Preparation of pleadings
A lawyer’s pleading shows the extent of his study and preparation,
articulates his ideas as an officer of the court, mirrors his personality and
reflects his conduct and attitude toward the court, the opposing party, and
his counsel.
To prepare a good pleading requires a thorough study of the applicable law
and jurisprudence, mastery of the facts, and clear understanding of its
substantive and procedural requirements.
The law defines the substantive requirements, while the Rules of Court
prescribe the procedural requirement.
In verifying a pleading required by law or rule to be under oath, the affiant
has to say that he has read the pleading and that the allegations therein
made are true and correct of his personal knowledge or based on authentic
records, otherwise the verification is defective and treated as an unsigned
pleading which produces no legal effect. In the verified certification against
forum shopping, it may only be generally signed by the party himself and
not his lawyer; and if the party is a juridical entity, it may only be executed
by a corporate officer who has been duly authorized by its board of
directors.
In preparing a complaint for damages, counsel for plaintiff should allege
and state the specific amounts claimed not only in the body of the
complaint but also in the prayer, so that the proper docket fees can be
assessed and paid. An allegation and prayer that plaintiff be awarded such
amounts as may be proved during the trial will not only deprive the court of
jurisdiction over the case but will also subject the lawyer to disciplinary
action because it is a design to avoid payment of the correct docket fees.
Pleadings filed in court are privileged, and lawyers are exempt from liability
for libelous statements therein contained, provided that they are material,
relevant or pertinent to the cause or subject of inquiry. The purpose of the
privilege is to enable lawyers to freely speak their minds and exercise their
functions in the prosecution or defense of their clients’ causes without
incurring the risk of a criminal prosecution or an action for damages.
Interviewing witnesses
Rule 12.05
“A lawyer shall refrain from talking to his witness during a break or recess
in the trial, while the witness is still under examination.”

The rule is designed to uphold and maintain fair play with the other party
and to prevent the examining lawyer from being tempted to coach his own
witness to suit his purpose.
Guidelines in interviewing witnesses
1. A lawyer may interview a witness in advance of the trial to guide him in
the management of the litigation;
2. A lawyer may also interview a “prospective witness” for the opposing
side in any civil and criminal action without the consent of opposing
counsel or party;
3. A lawyer must properly obtain statements from witnesses whose
names were furnished by the opposing counsel or interview the
employees of the opposing party even though they are under subpoena
to appear as witnesses for the opposite side;
4. If after trial resulting in defendant’s conviction, his counsel has been
advised that a prosecution witness has committed perjury, it is not only
proper but it is the lawyer’s duty to endeavor honorable means to obtain
such witness’ reaction, even without advising the public prosecutor of his
purpose and even though the case is pending appeal; and
5. An adverse party, though he may be used as a witness, is not however
a witness within the meaning of the rule permitting a lawyer to
interview the witness of the opposing counsel.
Note:
Although the law does not forbid an attorney to be a witness and at the
same time an attorney in a cause, the courts prefer that counsel should not
testify as a witness unless it is necessary and that they should withdraw
from the active management of the case .
What to do in case of conflict in trial dates
A lawyer who has two or more cases in different courts set for trial on the
same date without his previous knowledge should lose no time in asking for
postponement of the case or cases set later, as he should not give undue
preference for the work in one as against the other except in favor of that
case wherein the court has served warning, in view of previous repeated
postponements of trial, not to delay the hearing any further.
He should, however, present his motion for postponement at such time as is
practicable to prevent the adverse party from coming to court with his
witnesses on the date of trial as to spare the latter of unnecessary expense;
he should not assume that his motion will be granted even if it bears the
conformity of the adverse party as the court is not bound thereby.
Adoption of system to insure receipt of mails
Service of notice by registered mail is complete upon actual receipt thereof
by the addressee. If he fails to claim his mail within five days from date of
first notice of the postmaster, service shall take effect at the expiration of
such time.

This rule imposes upon a lawyer the duty to maintain a system that will
insure his prompt receipt of notices and communications sent to him by
registered mail at his address of record.
The failure or refusal of a lawyer to claim registered mails addressed to him
may prove prejudicial to his client’s interests, as when as a consequence
thereof he fails to attend a hearing, file a responsive pleading on time, pay
the docket fee for an appeal, or appeal an adverse judgment.
It is such type of omission or negligence that gives life to the rule and
makes it operative.
Circumstances that will not warrant reopening of the litigation:
• That a lawyer could not afford to hire a regular clerk to claim his mail;
• That his clerk failed to call his attention to it;
• That the demands of his work required him to be in different places; and
• That he changed his address without notice to the court thereof.

Note:
It is such type of omission or negligence that gives life to the rule and makes
it operative.
Change of address
A lawyer owes his client and the court the duty to make of record his
correct address in the case in which he appears for a suitor and to inform
the court in writing of his change of address. Without his address being
recorded in the case, a lawyer will not be entitled to be served with judicial
notice.
And without informing the court in writing of the change of address, a
notice served at the attorney’s original address is binding upon the client
who, by reason of his negligence, will have to suffer the consequences
arising therefrom.
Death of client
It is the duty of a lawyer to inform the court, within thirty days, of the death
of his client, and if the claim survives such death, also to inform of the
names of the legal representatives of the deceased so that the latter can be
substituted as parties.
The court does not take judicial notice of the death of a party in a case and
will render decision therein as if the party is alive.
The failure of the lawyer to give such notice binds his client as well as the
latter’s heirs of any adverse judgment in the case for the client is bound by
the conduct, negligence and mistake of his counsel.
Requiring clerk of court to do his duty
It is the duty of the clerk of court to calendar the case for pre-trial and
hearing. If the clerk of court is negligent, it is the lawyer’s duty to call the
attention of the court to that fact or to file the necessary motion to set the
case for pre-trial or trial, so that the administration of justice will not suffer
any delay.
His failure to take such step may justify the dismissal of the action for
failure to prosecute.
Duty to keep client fully informed
The client is entitled to the fullest disclosure of the mode or manner by
which his interest is defended or why certain steps are taken or omitted.

It is the duty of an attorney to advise his client promptly whenever he has

any information to give which it is important that the client receive. He
should notify his client of an adverse decision well within the period to
appeal to enable his client to decide whether to seek an appellate review
thereof. He should communicate with him concerning the withdrawal of
appeal with all its adverse consequences, as decided by the client’s family.
Note:
it is the client’s duty to make proper inquiries from his counsel concerning
his case. He is bound to contact his counsel from time to time in order that he
may be informed of the progress of his case.
But a lawyer who repeatedly disdains to answer the inquiries or
communications of his client violates the rules of professional courtesy and
neglects his client’s interest. It is as unwarranted for a lawyer to willfully fail to
advise his client of the progress of his litigation as to give his client erroneous
information concerning the status of the case.
Both are productive of unpleasant relations between attorney and client.
What is required when moving for time to file
pleading or to postpone hearing

• Where a motion for extension of time to file a pleading, motion, brief or

memorandum has remained unacted by the court, the least that is
expected of a lawyer in the meanwhile is to file it within the time asked
for.
• If for some reason a lawyer failed to present it within the reglementary
period, he should file the same accompanied with a motion for leave to
admit it, stating therein the reasons for the delay. He should not wait
until an adverse judgment is rendered or he is required to explain why no
disciplinary action should be taken against him for such negligence.
 Rule 12.03
“A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or
offering an explanation for his failure to do so.”

Rule 12.04
“A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse court processes.”
Diligence in handling cases
Canon 18
“A lawyer shall serve his client with
competence and diligence.”

Diligence is the attention and care required of a person in a given situation

and is the opposite of negligence. It is axiomatic in the practice of law that
the price of success is eternal diligence to the cause of the client.
Degree of diligence required in the profession:
The legal profession demands of a lawyer that degree of vigilance and
attention of a good father of a family or ordinary pater familias.
He is not required to exercise extraordinary diligence.
D. STANDARD OF DUTY IN
CRIMINAL ACTIONS
The duty to make the accused’s right to counsel meaningful and its
enjoyment effective rests largely on the defense counsel. While a lawyer
may properly decline to handle a civil suit when he is convinced that it is
intended to harass or injure the opposite party.
An attorney for the defense in a criminal action, whether as counsel de
parte or counsel de oficio, has the right and the duty to render effective
legal assistance to the accused, irrespective of his personal opinion as to
the guilt of his client. It is only by performing his duties faithfully and well
will the right to counsel becomes meaningful.
Note:
It is never enough that accused be simply informed of his right to
counsel; he should also be asked whether he wants to avail himself of one
and should be told that he can hire a counsel of his own choice if he so
desires or that one can be provided to him at his request.
A defense counsel is expected to spare no effort to save his client from an
unrighteous conviction and to present, by all fair and honorable means,
every defense and mitigating circumstance that the law permits to the end
that his client may not be deprived of life or liberty but by due process of
law legally applied. He should render effective legal assistance and not
mere perfunctory representation.
Counsel de oficio
A counsel de oficio is an attorney appointed by the court to defend an
indigent defendant in a criminal action.
A counsel de oficio is expected to render effective service and to exert his
best efforts on behalf of an indigent accused. He has the bounden duty to
exert utmost efforts to defend his client and protect his rights, no matter
how guilty or evil he appears to be.
He has as high a duty to a poor litigant as to a paying client. He should as a
vanguard in the bastion of justice have a bigger dose of social conscience
and a little less of self-interest. He should ever be conscious of his duty to
the indigent whom he defends.
Duty of defense counsel when accused intends
to plead guilty

A plea of guilty is an admission by the accused of his guilt of the crime as

charged in the information and of the truth of the facts therein alleged,
including the qualifying and aggravating circumstances.

The effectiveness of the guilty plea system as a mode of disposing criminal

cases depends, to a great extent, upon the competence and
conscientiousness of the defense counsel.
Duty of defense counsel when his client enters
a plea of guilty:
(a) Fully acquaint himself with the records and surrounding circumstances of
the case;
(b) Confer with the accused and obtain from him his account of what had
happened;
(c) Advise him of his constitutional rights;
(d) Thoroughly explain to him the import of a guilty plea and the inevitable
conviction that will follow; and
(e) See to it that the prescribed procedure which experience has shown to be
necessary to the administration of justice is strictly followed and disclosed
in the court records.
E. CONSEQUENCES OF FAILURE
TO PERFORM DUTIES
The failure of a lawyer to exercise the diligence required of him to
safeguard the client’s interests or his abandonment of the client’s cause
may render him administratively liable which may be a reprimand,
warning, suspension from the practice of law, and even disbarment
depending upon the surrounding circumstances and the prejudice caused
the client.
The lawyer may also be held civilly liable in favor of his client.
Consequences to client for lawyer’s breach of
duties
The client may lose his case due to the negligence or misconduct of his counsel
because the client is generally bound by his lawyer’s omission or mistake in the
handling of his case. The client may lose his cause or his right to appeal an
adverse judgment when the lawyer failed to:
• bring an action immediately,
• file the answer to the complaint, • ascertain the correct date of receipt of the
• notify his client of the date of hearing, decision,
• attend the scheduled pre-trial conference or • acquaint himself with what has happened to the
hearing, litigation,
• prosecute the action for a reasonable period, • pay the docket fee on appeal,
• inform the client of an adverse judgment, • claim judicial notice sent to him by mail, or
• take steps to have the adverse decision • file the appellant’s brief.
reconsidered or appealed,
-END-