The document outlines rules regarding a lawyer's responsibilities related to client funds and property. Specifically:
- A lawyer must keep client funds separate from their own and not commingle funds. They have fiduciary duties of honesty and fidelity.
- A lawyer can use client funds for lawful fees but must notify the client. Failure to return funds upon demand implies misappropriation.
- A lawyer is prohibited from purchasing a client's property that is involved in any litigation they are counsel for, to prevent undue influence. Any such purchase is considered null and void.
- For the property purchase rule to apply, an attorney-client relationship must have existed regarding the property in litigation, and the lawyer must have been
Original Description:
A Report on a part of Legal Ethics under Atty. Dimayuga - CODTHIC
The document outlines rules regarding a lawyer's responsibilities related to client funds and property. Specifically:
- A lawyer must keep client funds separate from their own and not commingle funds. They have fiduciary duties of honesty and fidelity.
- A lawyer can use client funds for lawful fees but must notify the client. Failure to return funds upon demand implies misappropriation.
- A lawyer is prohibited from purchasing a client's property that is involved in any litigation they are counsel for, to prevent undue influence. Any such purchase is considered null and void.
- For the property purchase rule to apply, an attorney-client relationship must have existed regarding the property in litigation, and the lawyer must have been
The document outlines rules regarding a lawyer's responsibilities related to client funds and property. Specifically:
- A lawyer must keep client funds separate from their own and not commingle funds. They have fiduciary duties of honesty and fidelity.
- A lawyer can use client funds for lawful fees but must notify the client. Failure to return funds upon demand implies misappropriation.
- A lawyer is prohibited from purchasing a client's property that is involved in any litigation they are counsel for, to prevent undue influence. Any such purchase is considered null and void.
- For the property purchase rule to apply, an attorney-client relationship must have existed regarding the property in litigation, and the lawyer must have been
Rule 8.07 A lawyer shall not commingle clients funds.
A lawyer shall keep the funds of each
client separate and apart from his own and those of other kept by him. High fiduciary Honesty and fidelity to private trust
Rule 8.08 A lawyer shall deliver funds to client,
subject to his lien
He may use the funds for lawful fees
and disbursements so long as he notifies his client thereafter. Failure to return money upon clients demand gives the presumption of misappropriation and violation of trust.
Non-agreement of lawyers fees:
Lawyer should not apply funds for the payment of his fees. Client may file the necessary action to fix and recover the amount of his fees.
RESTRICTION AGAINST BUYING CLIENTS PROPERTY
Rule 8.09 Purchase of clients
property in litigation Lawyer is prohibited from buying clients property, either personally or through mediation (such as an auction), that is involved in any litigation. This is to prevent undue influence of the lawyer over his client. No fraud in fact need be shown and no excuse will be heard.
Rule 8.10 Application of rule
4 Elements so 8.09 may be applied: There must be an attorney-client relationship Property must be in litigation Attorney is the counsel in the case The attorney or someone else buys the property during the pendency of the litigation
Execution of the deed of sale is
immaterial Any other means to circumvent the law applies
Rule 8.11 Where rule
inapplicable The absence of any rule renders Rule 8.09 inapplicable.
Rule 8.12 Effects of prohibited
purchase It is a breach of professional ethics Transaction is prohibited by law. It is null and void ab initio. The client is entitled to recover from his attorney.
Rule 8.13 Purchase of choses in
action The purpose of this is to prevent a lawyer from the temptation to litigate in his own account as a business proposition. An attorney places himself in the category of a voluntary litigant for profit.