Scribd Logo
Upload

Welcome to Scribd!

  • Legal Profession Reviewer

    Uploaded by

    anon_383654154
    31 views17 pages
    Legal Profession Reviewer

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Legal Profession Reviewer

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    31 views17 pages

    Legal Profession Reviewer

    Uploaded by

    anon_383654154
    Legal Profession Reviewer

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 17
    LEGAL ETHICS Moral science which treats the dues which an attorney owes the Cour, Bar, cen, and pule “Laws a profession and not a trade." ‘Amicus curiae (it. rend ofthe court) Lawyer may volunteer or may be requested by the cout to appear to give information othe judge or the court on some Goubttul questions of the law. ‘Amici par excellence Bar associations which appear in court as fiends to expound on some ‘matters of ta forte intrmaton f the court ‘Ambulance chasing ‘Any act of improper sobctation of cases such as fermenting tigation or instigating unnecessary lawsuits. (Ex lawyer instigates a victan ina motor vehicie to flea case) Barratry (Offense of exciing o sting up sults and quarels DUTY OF ATTORNEYS: ula 198, Saction 20, Rules of Gourt Duties of attorneys. — itis the duty ofan attorney {@) To maintain, ‘the Constitution and obey th laws ofthe Pilpoines. (b) To abserva and maintain the respect cue to the cours of justice and ual offears (6) To ‘and to support ‘and such defenses only as he believes 10 be honestly ‘debatable unde the aw {) To employ, forthe purpose of maintaining the causes confided to him, ‘such moans ony a8 are ‘and never Seek (3 mislead the judge or any uci afeer by an arte or false statement of {act orl {6) To ciaiplain inviolate the confidence and at every perl to himsot, to preserva the socrels of his clen, and 10 accap! no compensation in Connection wit his clent's business except from him or wth his knowledge ‘and approval (9 To abstain fiom all alfensive personality and to advance no fact Prejudicial tothe honar of reputation of a party or witness, unless required By tho justice af the cause wth which he is enarged, 9) interest {h) Never to eect for any consideration personal to hime the cause of ‘the dafenseless or apprasses inte by al far and honorable ‘means, regardless of his personal opinion as 1o the gull of the accused, to present every defense thatthe law permis, tothe end that no person may be deprived a ile or Hberty, but by due process of law ‘or delay any man's causa fom any corrupt motive or OBLIGATIONS TO THE COURT ‘Canon 10, Rule 1.01. Code of Professional Responsibility ‘Atawyer shal nt doary falsehood, not consent to the doing of any in Court na shall he mislead, or alow the Court to be misled by any atfice. ‘Ganon 12. Rule 12.06, CPR ‘lawyer Shall oot knowingly assist a witness to miseoresent himself or to impersonate another. “Duties of Layer to the Court - more on Page 89, Book ‘OBLIGATIONS TO THE CLIENT ‘Canon 19. Rule 19.02. CPR ‘lawyer who fas recsived Information that his lent has, inthe course of ‘he representation, perpevates a fraud upon a person oF troural, shall and fang which he shal {erminate the relalonstip win such clint in accordance wit the Fules of Court ‘OBLIGATIONS To THE PUBLIC ‘Ganon 4.Rule 101, CPR ‘lawyer shall opt engage io unlawul. dishonest immoral or deceit ‘conduct. ‘Canon 4.Rule 1.02, CPR ‘lawyer shall aol counselor abel activites aimed at dance of the aw or at lessening confidence nthe fgal system. ONLY CITIZENS MAY BE ADMITTED TO THE PHILIPPINE BAR - Law is privilege because it is limited to persons of good moral character with ‘Special qualifications dulyascetained and corti. WHO MAY PRACTICE LAW ~ “To engage in the practice of law is to pecorm those acts Which are characterises of the profession. Generally, to Practice laws to ge notice or render any kind of servic, which device Or Service requires the use in any degree of legal knowledge or sk” > Goneraly (Practice of Lav) is to do any of those acts which are characterises ofthe legal profession. ‘Corporation eannat engage inthe practice of law oven by hing lawyers to perform legal work. Oniy@ natural person can engage inthe practice of law. PRACTICE OF LAW ‘Tuo Sanses: (1) 28 2 qualification for a postion inthe government service {@) as a habitual act of a lawyer in contrast to the term of unauthorized practic of aw Practice of law means any activity, in or out of cour, which requles the ‘agolcallon ola. egal procedure, Knowledge, traning and experiance, (Cayetano v Monsoo) ‘The practic of fawis not Iinited to the conduct of cases or tigation in Court it embraces the preparation of pleadings and other papers Incident to actions and special proceedings, the management of such actions and proceedings on behalf of clots before judges and courts, and in adtion, ‘conveying n general, alladvice 19 clans, and all action taken for them ip ‘callers connected wih the law incorporation sanices. assessment and ‘condemnation sevioes contemplaing-an appearance bale a udcial bay, ‘he foreclosure of a_modoageenlowement of a_credior's cain ia Daniuntey and insolvency proceedings. and conducting eacsedings io allachmen!-and io matlers of eslale and quardanship have been bei 1a ‘onstiule lw ovaclice. as do the peaparalon and drafting at legal instruments, whore the work done ivoives the deteminaton by the tained, ‘Philppine Lawyers ‘Associaton v.Agrava) Preventive Lawyering Concerned with minimizing risks of egal roubleand maximizing egal rights fr such entiies at the time when Wansactonalo¢ sims Tacls are being ‘considered an made Managerial Lawyering Deoetly supportive of this nations’ evaliing and organizational fabric as firms change to stay compettve in global, ilerdependent environment ‘Organization and Functioning of the Corporate Counsel's Office Boars responsibilty for key aspocts ofthe frm's strategic issues, including ‘tucturing its global operations, managing improved relationships with an increasingly dverstied body of employees, ete PARTNERSHIP WITH NONLAWYERS VOID - No person should be admitted or held out as a practioner or member wha isnot a member of ‘tho logal profession duly authorized to practice, and amonabie to professional discipline. ‘Ganon 22. paragranh 2& 2. Canons of Professional Ethics Partnerships between lawyers and members of other professions or non- professional persons should not be formed or permitted where any part of ‘he partnership's employment consists of th practice of kaw ATTORNEYS WHO CANNOT PRACTICE LAW - The folowing cannot practice law (1) Heads of partments and thei assistants (@) Chief of bureaus and thelr assistants {@) Chairman and mombers ofthe Commission on Elections (@) A member of Congress with respect to thir appearance as counsel before any court of justice / before the Electoral Tribunals / before (quasi-judicial or otter administrative bodes: nether shal he be interested drecty or ndecty n any contract with or any franchise ‘or any subd. agency, o Instumentalty thereat, including GOCCs, (Arito Vi, Saction 14,1987 Constitution) (6) Members ofthe Commission of Appointments with regard to ther appearance as counsel before any court other than the CA or SC (6) Judges of other officials or employees ofthe superioe courts or of the OSG, state prosecutors or special counsel in the DOJm provincial or ety fiscals, and thei assistants and other atlornay in legal offices in the Govt. Reason: They would be assuming cies clearly incompatible with those of thir offlees, PASSING THE SHARIA BAR Attorney « Counselor ina Shar'a Court POWER TO REGULATE THE PRACTICE OF LAW - Under the 1987 Constitution, the Supreme Court as the exclusive power to promulgate tules concerning the enforcement of rights, pleadings, and practice and provedures of al'caurts and he admission tothe practice a a. (Article 8, ‘Section 5, 1967 Constitution) DEFINITION AND FUNCTIONS OF THE PHILIPPINE BAR(RA 6207, Integration of thePhilippine Bar 4) The official unification of the entre lawyer population ofthe Philippines 2) Requces membership and financial support (in reasonable. amount) of ‘every attorney as conditions sino qua non tothe practice of law and the ‘etention of hs rame i the Ral of Atlomays ofthe Supreme Court Bar Calectivty ofall persons whose names appear i the Ral of Attorneys Bar integration ‘Sgniles the sang up by Government authonty of a national organization (ofthe legal profession based on the recognition ofthe lawyer as an officer ‘ofthe court Purposes of the Integrated Bar ~ “The purposes of an integrated Ba, in goneral, re: (0 Assist in the administration of justice; {@) Foster and maintan on the part ofits members high ideals of integity, learning, profesional competence, public srvice and conduct (9) Safeguard the professional interest of is members; {4 Cutvate among its members a sprt of cordalty and brotherhood (6) Provide a forum for the discussion of law, jursrudence, law reform, pleading, practice and procedure, andthe relations of the Bar to the Bench ‘nd the publi, and publish information relating thereto; {6) Encourage and fostor legal education: {7} Promote a continuing program of legal research in substantive and ‘adjective law, and make reports and recommendations thereon: and {@) Enable the Barto discharge Is puble responsi affectivay. “IN THE INTEREST OF THE STATE” - includes cases and matters of ‘atonal Importance in which the whole state and nation, ana nat only 2 branch of instrumentality is interested and would be affected. This inctudes ‘he principal functons of Government lke administration of justice, matters like social justice, practice of law or of medicine, and integrity ofthe three branches ofthe Government. ra: Parazo, 1948) LAWYERS OATH Lawyers oath to uphold the cause of justice ~ superior to his duty to his Cent Fist and most important duty ofthe lawyer isto the Court. NON-LAWYERS WHO MAY APPEAR IN COURT (1) Friend or agent of a party (Section 24, Rule 138) (2) Law students ofa school with a legal assistance program Students Practice Pu) (@) Partes to acase REQUIREMENTS FOR ADMISSION - 10 take the bar examinations, the following requirements for oliiity are: (1) Citizen of the Phiippines (2) Resident ofthe Palippines {@) Of good mora charactor (@) Noccharge against him invalving mora turtudehas been ed or is pending in any court in the Philppines (is up fo the SO to Gotormine whether the offense charged involved moral tuptude or ot. (©) Must have studied law for four years and has successtully ‘completed all prescribed courses Wha law school or univorsiy ‘oficialy approved and recognized bythe DEPED (© Betore studying law, completed in an authorized or recognized college or university, a fourvear high school course the course of ‘study prsered fora bacteor’s degre in ars or sciences wih any of the ff subjects with major or field of concentration ~ political science login english. Sganish history exanomies, REASONS FOR CITIZENSHIP, AGE, RESIDENCY, AND POSSESSION OF ‘GOOD MORAL CHARACTEREvery applicant of he bar must be: {@) Citizenship - ho is requed to maintain allegiance to the AP, ‘suppor it Constitution and obey its laws {) Age matury and cseraton are require in the practice of law {@) Residency his duties to his clon and the court requ that he be ‘eadly accessible and avaiable (6) Possession of Good Moral Character - lawyer is a vital pat ofthe ‘administration of justice LAWYER'S OATH |, do solemnly swoar that | will maintain allegiance to ‘he Republic ofthe Pilppines, I wil support the Constituton and obey the laws a8 wal as the legal orders of the du constituted authodles therein Wil-do no falsehood. nor consent to te doing of any In cout: | wil not \witingly or wilingly promote or sue any groundless, false or unlawful suit, or {ive ald nor consent te the same; | wil delay no man for money ar mabe, and will conduct myself asa lawyer according to the best of my knowedge ‘and dscrtion, with al good fidelity as wel to the courts as to my cents: ‘and [impose upon mysel these voluntary obligations without any mental ‘servation or purpose of evasion. So help me Goa. Pras a SONFIDENCE ‘Canon 21, Cade of Professional Responsibility ‘lawyer shal preserve the confidence and secrets of his cent even after the attorey-cent relation is teminated Bule21.02, CPR ‘A-lawyor shall nat, to tho dsadvantage of his client, use information ‘2cquied inthe course of employment, nor shal ho use tho same to his own ‘vantage or that ofa third person, unless the cent with ful knowledae of ‘he cicumstances consents thereto ule21.03.cPR ‘Alavyer shal not, without the waten consent of his clan, give information from his fies to an outside agency seeking such information for euciting, statstical, bookkeeping, accounting, data processing, or any similar purpose. ule21.08, CPR Avlawyer may Gsclose the alas of a cfent of the emo garners or ‘associates thereof unless pchbited bythe cent ule21.05, CPR Alanyer shall adopt such measures as may be required to prevent those ‘whose services are tized by him, fom disclosing or using confidences or secrets ofthe cents, ule 21.06, CPR ‘Alavzyer shall avoid indiscret conversation about a con's afar even with ‘members of his family. ule 21.07, CPR ‘A lawyer a nat cayeal that he has been consulted about a particular case ‘excopt to avoid possibie conflict of intrest. ‘Ganon 37, CPE itis the duty of a lanyer to is ol This duty ‘utasts the lawyer's employment, an extends as wal to his employees; ‘and neither of them should accept employment wich involves. or may invowe the disclosure or use of tase corfidences, either forthe private ‘advantage of the lawyer oF his employees or to the disadvantage of the Cnt, without his knowedge and consent, and eventhough there are other favalable sources of such inlormation. A lawyer shoud not continue ‘employment when. he dscovers. that ths obligation prevents. the performance of his ul duty to his former orto hs new cient It a lawyer is accused by his cent, he fs not precluded from disclosing the ‘ruth in respect fo the accusation, The announced intenton of client to ‘comit acrime isnot ieluded within the confidences wich he I bound to ‘espect. He may property make such dsciosues as may bo necessary 10 prevent the actor protect those against whom itis threatened. Pannen en) RESPECT DUE THE COURT-A publi office i apublic trust, must ways, be accountable to the people, sarve them with utmost degree of responsi, integrity, loyalty, and effetoncy.fgoy v Soriano, 2001) ule 6.02. CPR ‘lawyer ‘in the government ot alow te alr To interfere wath fis publ dutes. ‘canon1.cPB ‘lawyer ghall observe and maintain the respect due to the courts and to Judie officers an should Init on sinar conduct by others, Bule 11.01, CPR ‘lawyer shall appear in court propery alte. Bule 11.02, CPR ‘lawyer shal punctualy appear at court hearings. Bule 11.09 CPR ‘lawyer shal abstain from scandalous, offensive or menacing language or behator before tha Courts, ule 11.04 CPR ‘layer shall nt attribute to @diudge motives not supported by the record ‘or have no materiality tothe case, ule 11.05, CPB ‘A lawyer shal submit grievances against a Judge tothe proper authorities nly. Forum Shopping Practice offing several actions or petton inthe same or diferent tribunal arising from the same cause and seeking substantialy identical rel in the hope of winning in one of them. RULE ON APPOINTMENT OF COUNSEL DE OFICIO ‘Ganon 4.0PE ‘lawyer assigned as counsel fran incigent prisoner aught not o ask to be ‘excused for any trivial reason, and should avays exert his best efforts in his behatt. ‘canon 14. cPB ‘lawyer shall rotrefuse his services to the needy. Counsel de oficio Lawyer apponted by the court to defend and indigent defendant in a ciminal ease ‘The accused is entitled toa counsel of his choice and a counsel de ofc ‘may be appointed only he has no counsel de parte. REFUSAL AS COUNSEL DE OFICIO Relusal of a counsel to act as a counsel de oficlo may be justified on ‘grounds aside from reasons of health, extensive travel abvoad, or simlar ‘reasons of urgency when (1) Too many de ofcio cases assigned tothe lawyer (2) Confict of imorest Rule 14.08, CPR) {@) Lanyer i not in-a postion to cary out the work effectively ot competently (@) Lawyer is prohibited from practicing law by reason of his pubic office which prohibits appearances in court (© Lawyers is preoccupied wih too many cases which will spell prejudice tothe new cients RIGHT AND DUTY TO CRITICIZE THE COURT~ Lawyer is expected not only to exercise right to comment on and citeize decisions in court but also {To consider itis duty to expose the shortcomings and insertion of courts and justices. = Limited to the point that it should be bona fide, ule 11.04. CPR layer shall not attibute to a Judge motives not supported by the record ‘rave no materiality tothe case, cee ‘Ganon 8. CPR ‘lawyer shall conduct himself with courtesy, faimess and candor towards his professional collaagues, and shal avold harassing tactics against ‘opposing counsel ule 8.01, CPR ‘lawyer ‘shal not, in his professional dealings, use language which Is ‘abusive, oflensive or otherwise imaroper ule 8.02. CPR Avlawyer shall not, drectly or indkecty, eneroach upon the professional femployment of ancier lawyer, however, isthe ight of any lawyer, without {ear of favor, to give proper advice and assistance to those seeking relief against unfaiihfl or neglectful counsel USE OF DECEASED PARTNER'S NAME. ule 3.02. CPR Inthe choice of afm name, no false, misleading of assumed name shal be used. The conitnued use of the name of a deceased pariner Is permsioe provided that the fem indlcates in al ts commansations that sad partner Is deceased. [ADVERTISING AND SOLICITATION ule2.08, CPB ‘lawyer Shall not do or permit to be done any act designed primary to ‘solicit legal business. Bula s01. PR ‘lawyer shal ot use or permit the use of any false, fraudulent, misleading, ‘deceptive, undignified, setlaudaory or unfaitstatement or claim regarding bis qualifications or legal services| ‘canon 13. 0PE ‘lawyer shal ely upon the mais of his cause and retain from any impropriety which tends to influence, or gives the appearance o influencing the cour, WO EXCEPTIONS TO THE RULE AGAINST ADVERTISING OR SOLICITATION (Ulep v Lega Cinig 1999) (1) Bublcatlon in caputable aw lis consistent with the standards of conduct imposed by the canons. of brief biographical and fnvormative data, (2) Ordinary simple eolesslonal cvs aoe ed Relations is fiduciary, confidential, and personak created by implied oF express contact. ule 16.04 CPR ‘Alavyer shal not bortow money fom hs cent unless the cents inerast fare fully protected by the nature of the case or by independent advice, Neither shall a launyer fond money toa cient excop, when inthe intarest of Justice, he has to advance necessary expenses in a logal matter ne i handing forthe clon ‘Ganon 18. CPR ‘Alawyar shall serve his cant with competence and aligence, WHEN ESTABLISHED PROFESSIONAL EMPLOYMENT (Hiado v David, 1949) To consttute professional employment I isnot essential that the cont ‘shoul have employed the attorney rofessionaly on any previous occasion, This not necessary that any retaner should have boon paid, promised, oF charged or, neither sf mate that the aftomey Consulted” cid nat afterward undertake the case about which the consutaton was had. La person, in respect to his business alla or woubles of any Kind, consuls ‘and the-altorney voluntary permits or ‘acquiesce in such consutaton, then the professional employment must be ‘ogarded as estabished Formatty isnot an essential element ofthe employment ofan attorney The Contract may be express or imped and itis sufcient thatthe advice and assistance ofthe afore fs Sought and received, n matters pertinent to his profession. An acceptance of the relation is implied on the part of the attomey fom his acing in behalf of his cent in pursuance of a request by theater FACTORS ESSENTIAL TO ESTABLISH THE EXISTENCE OF THE [ATTORNEY-CLIENT PRIVILEGE (Mercado v. Virol, 2005): (1) Where toga advice of any kin Is sought, 2) fom a professional legal ‘aaviser in his capaci as such, (@) the communications related to that purpose (4) made in confidence (6) by the cient, (6) are at his instance permanently protected (7) from disclosure by him or bythe logal avis, {@) except he protecton can be waived. (1) There xists an attomoy-cliont rolationship, or @ prospective {attomey-cliont relationship, and itis by reason ofthis relationship that ‘the client made the communication. Mattrs disclosed by a prospective cant to a lawyer are eatectad by the ‘ulo-on grivleged communeation even Il tha prospective clam does not ‘heraflrretan the lawyer or the later declines the employment ‘Tho reason for this is to make the prospective clint free to discuss and for the avy to be equally e810 ‘obtain nfrmation ram the prospective client (2) The client madethe communication in confidence. ‘The mate lation of attomey and client does not raise 4 presumption of ententaiy. The cent must end te cormuricaton ia. coniental ‘A confidential communication refers to information transmitted by voluntary act of asclosure between attomey and cient in confidence and by means ‘which, $0 Taras the eliant is aware, decoses the information to 10 thes person other than one reasonably necessary for the transmission of the Information or the accomplishment ofthe purpose for which it was given. {@) Tho legal advico must be sought from tho attomey in his professional eapacty ‘The communication made by a clent to hs aforney must not be intended {or mare informatn, “The commurscation must have been ‘ransmifed by @ client to fis altomey for the purpose of seeking legal advice, Ifthe client seeks an accounting service, or business or personal assistance, and not legal advice, the orviege does not attach to a communication disclosed for such ouroose, ‘©The specfc confidential information is a crucial Ink in estabishing @ breach of the ule on privlaged communication between attomey {and client. tis not enough to merely assert the aftomey-clent privilege. The burden of proving that the pxvlege apples is placed ‘upon the party asserting the prvloge. [CONFLICT OF INTERESTS TESTA lawyer roprosonts conflicting interests. when, in behalf of one ‘tnt, 1 his duty fo contend for that which Guy to another cleat requces him te oppose. = “Danger of teachery and double dealing which makes the profession flaw sutter ule 15.01, CPR ‘lawyer in confaring with a prospective cont, shall ascertain, as soon as practicable, whether the matter would involve a confict with another cent (or his own interest, and iso, shall frturth inform the prospective cet ule 16.03.cPR A lawyer shal rot represent conflicting interests except by writen consent (fall concemed given ater afl disclosure ofthe facts. Nevertholess, even wit the knowiedge and consent of both parts, this practice is severely condemned as strongly tending to deprive thw reation of allomey and clan of those specalelemants which ‘mako I one of rust and eanidence in Re: doa Rose) INSTANCES WHEN LAWYER MAY TESTIFY AS WITNESS IN A CASE WHICH HE IS HANDLING FOR A CLIENT (1) Formal matters, such as maling, authentication, or custody of an instumant and he ke (@) Acting as an expert on his fee {@) Acting as an arbitrator {@) Depostion (8) On substantial matters in cases whore his testimony Is essential to the ends of justice, in which even he must entrust the Wal ofthe ‘case to anathier counsel INSTANCES WHEN LAWYER MAY NOT TESTIFY AS WITNESS IN A ‘CASE WHICH HE IS HANDLING FOR A CLIENT (1) Adversoly afocts any lawful intrest of the cent with respect to ‘which confidence has been reposed on him (@) Having accopted a retaror {@) Conficting interests {@)_He is to violate the confidence of his cient {) Asan attomay, he's (0 testy onthe theory ofthe case WHY NOT TESTIFY AS WITNESS FOR CLIENT Function of @ witness is to tell the facts ashe recalls them in answer to ‘questions. The function of an advocate that of aparsan. tis dificult 10 ‘stinguish betwaen the zeal ofan advocate andthe lanes and impartay (of a dsintorested wioss. Lawyer wil find it hard to disassociate his reation fo his clont as an atfomey and hs relation tothe party asa witness. (rom ‘Agpalo, page 125) ‘STANDARD OF DUTY IN CRIMINAL ACTION - Presence of a public prosecutor stl needed atthe tal ofa criminal case despite the presence of 2 private prosecutor in oder to s00 to I that the ‘Gated and ratetad. should the private prosecutor be found lacking ih ‘Competence. Ganon 5.CPE ‘The primary dty ofa lawyer engaged in public prosecution isnot to convict, bul to soe that justice is done. Public Prosecutor Representative of a sovereignty whose abiigaton is to govern impartially which obligation is as competing ass obigation to govern al Gein Fiduciary ‘postion of trust high degree ofielty and good faith ‘Gann 16, CPE ‘Alanya should uso his best efforts to restrain and to prevent his clion's from doing. those things whieh the. kawyer imealf ought not to. So, particulary with reference to their conduct towards the Cours, judicial officers, jor, witnesses and sultrs. fa cllent persist in such wrongdoing the layer should terminate ther eation. Addie 1401.66 ‘The folowing persons cannot acuke by purchase, even at a publle or julia auction, ether in person or through the mediation of another {6) Justoes, judges, prosecuting attorneys, clarks of superior and inferior Courts, and other officers and employees connected with the administraton Of justice, the property and rights in itgaton or levied upon an execution before the court within whose jurisdction or terry they exercise their respective functions: tis prohibition includes the act of acquing by assignment and shall apply to lawyers, Daye of ei oxnfesson, Rintnacoeae IN GENERAL - authotty to bind ther cents in any case by any agreoment in relation thereto made in wrting, and in taking appeals, and all matters of ordinary julia procedure. Without special authonty ~ cannot compromise thei cients ‘tigation or receive anything inthe discharge ofa clent's claim but th full amount in ‘cash ellen has exclusive control aver the subject matter of te itgation ule 198, Section 21,Rules of Court ‘Authority of attomey fo appear. — An attorney is presumed to be propery ‘authorized to represent any cause in which he appears, and no written Bower of atlomay Is requred to authorize him to appear in court Tor hs Client, but the presidng judge may, on mation of either party and on reasonable grounds therefor being’ shown, require any attomey who ‘assumes the rah to appear lo a ease to produce or prove the author Under which ne appears, and to disclose, whenever perinent to any issue, ‘the name ofthe parson who employed hr, and may thereupon make such ‘order as justice requires. An attorneys wily appear in court for a person ‘without being employed, unless by leave ofthe cout, may be punished for Contempt as an officer of the cout who has misbehaved in tis offeal transactions, AUTHORITY TO APPEAR ‘General Principle: presumption (tin favor ofthe authority of an attomey to appear fora client, (2) thatthe lawyer ig authorized, and has conferred with bis cent regarding the case before the former fles an portant pleading for ‘and in behalf ofthe latter, (8)t0 contrue on appeal unless he fled a forma! Ballia witharawing his appearance In the appelate cour, or siaulaad in ‘har contract with the cent ‘CONDUCT OF LITIGATION Pro Se it on one's own behal) ‘Appearing 2s lawyer fr one’s ov behalf, n his own case Even a lawyers who has been disbared ‘may appear in court to defend ‘imi in a eminal ease ule 198, Section 24, ROG By whom itgation conducted. — In the cout of a justice of the peace a party may conduct hs itgation in person with the ai ofan agent or frend appointed by him forthe purpose, or withthe ad an attorny. In ay other ‘court, a party may eandust he itigtlon personaly ar by al ofan attorney, ‘andhis appearance must be ether personal or by a duly authorized member ofthe bar. AUTHORITY TO ACT ~ Local Government Code (RA 7610) allowing ‘members ofthe Sanggunian fo engage inthe practoe of law except when t iS adverse to the goverment page 162, Book) PRIVATE PROSECUTOR - Limitations ofa private prosecutor: (1) Cannot represent a province or muniopaity i lawsuits ~ only the provincial fscal and the municipal attorney can represent a province (r municiolty in thor lawsuits Arce 2264, Section 3, Revised ‘aministraive Code) {@) Has no authrty to act for the People of the Philppines in acriminal (GENERAL RULE (AND EXCEPTIONS) ON NOTICE As to when act is bound by the lanyer'smistake andnegligence: Gonoral Rule: Nogigence of counsel binds the cont any act performed by «lawyer within the scope of his ganeral and implied authority is regarded as an act of his chant 0 Exceptions: int is deprived of due process of iw; or when it results in ‘he outright deprivation of one's property trougha technica, injustice ‘The genaral sue wil be folowed when clients are not ently blameless. ‘TERMINATION OF RELATION OR AUTHORITY - Fulas in dismissing a lawyer, and a lawyer's prerogative to witha as counsel For Client Fight to dismiss lawyer at anytime. with or without just cause, ‘springs ftom the sty personal and highly convidental naiize of the ‘elatonship between te layer and the cent For Lawyer: ao unqualified ight to withdraw as counsel, especialy such ‘wthdanat work sti fo a cont or sat tho ones use: may ‘wih aod cause and unon noice anoraniate ine cicumstances, (GROUNDS WHEN AN ATTORNEY MAY WITHDRAW AS COUNSEL ule 2201, CPR ‘lawyer may withdraw his services in any ofthe folowing case: {) When the client pursues an itegal or immoral course of conduct in ‘connection with the matter he is handing: {©} When the cient insists that the lawyer pursue conduct violate ofthese ‘canons and rs} {) When his inabity to work with co-counsel wil not promote the best intrest ofthe cant {(@) When the mental or physical conltion ofthe lawyer renders it ficult for ‘im to cary out the employment effectively: {6) When the clent daliberataly fails to pay the fees forthe services or fas {a comply with the retainer agrooment {When the lawyer is elected or appointed to pubic office; and {g) Other simitar cases. nao AWARD OF ATTORNEY'S FEES ~ Counsel de oficlo indigent itigant fr professional servicas ino cntrat for lagal services) ‘QUANTUM MERUIT i. as much ashe deserves) Measure forthe lawyer's fee inthe absence ofa contract, or when th fees ‘stulated in a contract are found unconscionable, or when the lawyer's ‘Services are terminated Tor cause, Courts shal fx a reasonable compensation which layers may receive for their servoes, Recovery ofquantum morutauthorized when (1) No express contract for payment of attomey's fees agreed upon between lavyer and cent {@) Fees stipulated in the formal contract are found unconscionable or ‘ueasonabie by the court {) Contract void due to purely formal defects of execution {@) Counsel was nat able to finish the case to its conclusion due to justifiable cause (6) Lanyer and chen disregard the contract for attorney's fees ‘CONTRACT OF ATTORNEY'S FEES. ‘Champertous contract Contract whore lawyer agroes to conduct the itigation on his own account ‘and o pay the expenses there, and to recelve as his fee a portion of the proceeds ofthe judgment Without right of reimbursement = Contrary to public poly and invdd because it violates the fiduciary relationship between lawyer and cient Contingent foo Contract 's an agreement in which the lawyer's fee, usualy a fixed percantage of what may be recovered inthe action is made to depend upon {he success Inthe efor to enforce or defend the client's igh, Valid agreement, always subject to reimbursement ule 198, Section 24. ROC Compensation of atoeys; agreement as to foes. — An attorey shall be fentlled to have and recover from his lent no. more than ‘compensation for his services, with a view tothe importance ofthe subject ‘matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shal be bound by the ‘opinion of atomeys as expert witnesses as tothe proper compensation, But ‘may disregard such testimony and base its “conclusion on Its own u professional knowledge. A written contact for services shall control the ‘mount to be pad therefor unless found by the court to be unconscionable ‘or unreasonable, Exceptions: ofc ) service rendered gratultously (2) appointed as counsel de MEASURE OF COMPENSATION Cilterla for determining reasonableness: of attorneys foes: ‘Ganon.20. CPR ‘Alawyor shal charge only fa and reasonable fos. fule20.01, CPR ‘lawyer shal be guide by the following factors in determining his fees {) The time spent and the extent ofthe service rendered or required; (0) The ‘ofthe questions involved {¢) The portance ofthe sublect mato {) Thos demanded; {6) The prahabilty af osing other employment as a result of acceptance of the profferedcase; {f) Tho customary charges for similar services and the schedule of fees of ‘the IBP chapter fo which he belongs; {g) The amount involved in the controversy and the benefis resulting tothe lt from the service; {hy The contingency a eataintyot compensation {The character ofthe empioyment, wether occasional or estabshed; and (0) The xatessional stancing ofthe lawyer. ATTORNEY'S FEES AS DAMAGES ‘Atte 2208, 6 Inthe absence of stipulation, attorney's foes and expenses of itigaton, ‘ther than juieal costs, eannot be recovered, except: (1) When exemalary damages are awardeo: (2) When the dafangants-act ar omission has compelled the plant to itigate with thes persons orto eur expenses to protect his interest: {G)in giminl eases of malicious prosecution against the plant (4) In case of a clearly unfounded hil action or proceeding against the paint (6) Whore the defendant “alisfy th plaints plainly vad, ust and demandabe claim: {@)In actions for (In actons for te cacavaty af wages of household helpers, laborers and ‘sklled workers; {@) In actions fr indemnity under workmen's compensation and employer's laity aw; {@) Ina separate civil action to yacovar cil ably arising from a cima: (1 When a east daubleluccial costs are avarded, (11) ln'any other case where the court dooms It stand equitable that allorney’s fs and expenses of ligation should be recovered, in otusing to ule 20.03. CPB A lawyer shal ot, without the full knowledge and consent of the cen. ‘accept any fe, reward, coals, commission, neces, rebate of Torwarcng lowance or other compensation whatsoever related to his professional ‘employment from anyone oer than the cent Picanto IN GENERAL ~ (Lion) charge upon real/personal property for_the salslaction of some debvauly ordinarily arising by operation of la (ule 188, Section 37, ROC). RETANING LIEN Fight of an attorney to cataln aossassion of a ckent's funds, documents, papers, secuites, or otter movable property which have lull come into his possession and may retain the same unt dishusamenis are pad, and may apply such funds to the salsfaction threo Takes effect from the time of lawful possession * Dogan". cscuie nati upon the clent and the adverse party to be affective ~ General len that exists only 28 long as the attomey setains ‘possasian ofthe subject mater = Ballonale: to compel payment by causing embarassment or aniety totheclent 2 (CHARGING LIEN Equitable right ofthe attorney to have the fees due him for his services bo ‘seoured out of the judgment Tor the payment of money and executions isuedin pursuance tera! nthe parila ut ‘Abstract but potential right unt Its made active and operative by fecoraing a slalement of clam in the ease and serving notice ‘thereof upon th cnt and the adverse party Based on ‘that a clint should not be allowed to appropriate the whole of a judament in his favor without paying the ‘services of his counsel in abaiing or helping obtain such judgment. ‘Spacial_lan. presupposes that a favorable judgment has been ‘secured forthe clit ‘Natuza personal claim = Can be enforced only after judgment is secured = Only for money iudament ‘Assumpsit ‘Calming compensation by fling an independent action WHERE THE CHARGING LIEN SHOULD BE FILED - A statement of a claim for a charging lien should be fled with the court or administrative ‘agency which renders and executes the money judgment sacured by the lawyer for his cents ‘Witten notice delvered to his cents and to the adverse party Wea ‘CRIMINAL LIABILITY Lanyer can be disbarred ypon the complaint of apevatecizen ofa brother law ‘Ganon 17. CPR ‘lawyer owes feity tothe cause of his cent and he shall be mindful of the trust and confidence posed in him, ule 198, Section 25, ROG {Unlawful retention of elt’ funds; contempt. — When an attorney unjustly retains in his hands money of his clent after it has been demanded, he may be punished for contempl as an officer of the Court wo has misbehaved in tis offetal transactions; but proceedings under tis section shall not be a bar toa criminal prosecution ‘CONTEMPT OF COURT Defiance ofthe authority, justice or dignity of the court, such conduct as {ends to bring the thoy and administation of the law into disrespect oF {interfere with oF prejudice partes Itigant or their witnesses curing iigaton’ PROCEDURAL REQUIREMENTS FOR INDIRECT CONTEMPT {(1) Thore must be complaint in wring which may ether be a motion for contempt fled by a party o° an order issued by the court requiring @ person fo appear andexplan his conduct {@) There must be an opportunity fr the person charged to appear and ‘expan his conduct Examples of ndirectContompt =" Falure to appear or tral despite notice = Causing commotionduring a recess DIRECT CONTEMPT ‘Act of misbehavior commited in the presence of, or so near a Judge wile in session, or inthe parson ofthe Judge even If notin session in connection withthe performance ofthe adrinistation of justice Examples of Direct Contempt =" Disfespectful and threatening language ina memorandum or pleading fled wih the Court ~ Uses pleading words that tend to degrade the court or bring I into disrepute Causing commotion wile the judge was engaged in dictating an ‘order when session has not stated/peial Sinn IN GENERAL DISBARMENT ‘Ac of the court in withckawing from an attomey the right to practice law nat permanent) 2B ‘SUSPENSION ‘Act of the coutt prohibiting an attomey trom practicing tw for a certain

    You might also like