LEGAL PROFESSION REVIEWER

(Based on Agpalo, CPR and CJC)

I. LAWYER AND SOCIETY

A. Introduction
- The legal profession expresses 3 ideals: organization, learning and public
service
- In 1988, SC adopted the Code of Professional Responsibility drafted by IBP way
back in 1980.
- The practice of law is not a business but a profession characterized by the
following:
public service
impt. Role in the administration of justice
relationship with client in the higher degree fiduciary
relationship with colleagues characterized by candor, fairness and
unwillingness to resort to advertising and encroachment

B. Nature of Attorneys Office

- Quasi-judicial officer (administration of justice): highly-burdened privilege

C. Privileges of Attorney
- right/privilege to practice law
- presumption of regularity in the discharge of duty
- immunity from liability vis--vis 3rd person in the exercise of duty
- pardon from infelicities of language when litigating in court
- stand up for right/ right of client before hostile court
- 1st grade (knowledge of law) and 2nd grade civil service eligibility upon
passing BAR exams
- model citizen

D. Duties of Attorney
- Court, public, IBP and clients
- Public duties prevail over private ones

E. Right to Counsel
- Right to counsel (de parte or de officio) is protected by the Constitution (Art
3, Sec. 12.
- Right to counsel is vital in criminal proceedings and cant be waived or such
will result in the denial of due process (accused must be able to establish his
innocence using the proper legal procedures).
- Civil (minor courts) or administrative proceedings: right to counsel may be
waived and the litigant may represent self.

CANON 1: A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR THE LAW AND THE
LEGAL PROCESS

RULE 1.01: A LAWYER SHALL NOT ENGAGE IN UNLAWFUL,

DISHONEST, IMMORAL OR DECEITFUL CONDUCT
UNLAWFUL : act or omission against the law
DISHONEST: lying or cheating
 IMMORAL: involves moral turpitude (an act w/c may not be a crime but
is so deprave or vile that it contravenes justice, modesty or societys
accepted moral standards)

RULE 1.02: A LAWYER SHALL NOT COUNSEL OR ABET ACTIVITIES

AIMED AT THE DEFIANCE OF THE LAW OR LESSENING IN THE
CONFIDENCE OF THE LEGAL PROFESSION
A lawyer should uphold the law since he is an active participant in the
administration of justice.

RULE 1.03: A LAWYER SHALL NOT, FOR ANY CORRUPT MOTIVE OR

INTEREST, ENCOURAGE ANY SUIT OR DELAY ANY MANS CAUSE
A lawyer should not encourage lawsuits nor stir up unnecessary litigation
(aka MAINTENANCE) as to prevent AMBULANCE CHASING (which
burdens the courts, encourages perjury, mulcts the innocent and
defrauds the injured).

RULE 1.04: A LAWYER SHALL ENCOURAGE HIS CLIENTS TO AVOID,

END OR SETTLE CONTROVERSY IF IT WILL ADMIT A FAIR
SETTLEMENT
As much as possible, lawyers should mediate and try to compromise
(truth and moral justice > technical legality) as to lessen expenses
(time/money) and possible ill feelings as well as prevent the clogging of
court dockets.

CANON 2: A LAWYER SHALL MAKE LEGAL SERVICES AVAILABLE IN AN

EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTERGRITY AND EFFECTIVENESS OF THE PROFESSION
- The IBP has the duty to make sure the poor and the oppressed are represented by
competent counsels despite their inability to pay.

RULE 2.01: A LAWYER SHALL NOT REJECT THECAUSE OF THE

DEFENSELESS OR THE OPPRESSED EXCEPT FOR VALID REASONS
Legal aid to the poor is not a matter of charity but a means to correct
the social imbalance that may lead to injustice (IBP Guidelines governing
Local Aid Offices)

RULE 2.02: IN SUCH CASES, EVEN IF THE LAWYER DOES NOT

ACCEPT THE CASE, HE SHALL NOT REFUSE TO RENDER LEGAL
ADVICE TO THE PERSON CONCERNED IF ONLY TO THE EXTENT
NECESSARY TO SAFEGUARD THE LATTERS RIGHTS
The main intent here is avoid a possible conflict of interest but legal
advice which does not create an attorney-client relationship may be
given if only to safeguard the defenseless rights (eg. What preliminary
steps to take until litigant can secure the services of a lawyer)

RULE 2.03: A LAWYER SHALL NOT DO OR PERMIT TO BE DONE ANY

ACT PRIMARILY DESIGNED TO SOLICIT LEGAL BUSINESS
Lawyers should not solicit cases for purpose of gain, directly or indirectly
as to prevent professional touting since the legal profession is not
business
 RULE 2.04: A LAWYER SHALL NOT CHARGE RATES LOWER THAN
THOSE CUSTOMARILY PRESCRIBED UNLESS THE CIRCUMSTANCE
SO WARRANT
The intent here is to prevent the discount effect. Charging the poor
litigants lower rates is perfectly acceptable.

CANON 3: A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE

ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION
OR STATEMENT OF FACTS
- A lawyer cant advertise his talent since law is not a business wherein advertising is
necessary to attract clients. Monetary gain is but a secondary consideration since
public service is the primary goal and such necessitates traditional dignity. The
practice of law SHOULD NEVER BE COMMERCIALIZED.
- Some forms of advertising or solicitation are acceptable: well-merited reputation for
professional capacity or trust, good and efficient service to client, etc.
Expressly allowed exceptions: publication in reputable law list with brief
biographical and informative data, use of simple professional card, notice of
lawyers (only) as regards to specialized services, appointment to public
office, mention in law journals, announcement of free legal services to the
indigent, etc.
Implied exceptions: writing legal articles giving information about the law in
the general context, giving general legal information through broadcast
media or writing columns for newspapers as long as:
- there is no improper advertising
- no legal advice is given to non-clients
- no aiding of non-lawyers to engage in the unauthorized practice of law
- Engaging in another business or lawful calling entirely apart from the practice of
law is not necessarily improper when such does not conflict with the lawyers duties
as a member of the bar. Clients must be informed whether the lawyer is rendering
service as a lawyer or in another capacity.

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
A lawyer shall not indirectly advertise himself or his services to attract
clients. Common sense and the spirit of fairness should be relied upon.

RULE 3.02: IN THE CHOICE OF FIRM NAME, NO FALSE,

MISLEADING OR ASSUMED NAME SHALL BE USED. THE CONTINUED
USE OF THE NAME OF A DECEASED PARTNER IS PERMISSIBLE
PROVIDED THAT THE FIRM INDICATES IN ALL COMMUNICATIONS
THAT SAID PARTNER IS DECEASED
All of the partners by their joint efforts over the years contributed to the
good name attached to the firms name and this goodwill will be
adversely affected if the firm keeps changing its name. As long as it does
not deceive people into thinking the deceased member is still alive,
his/her name may still be used.
Filipino attorneys cant practice law under the name of a foreign law firm
but affiliations with such may be indicated.

RULE 3.03: WHERE A PARTNER ACCEPTS PUBLIC OFFICE, HE SHALL

WITHDRAW FROM THE FIRM AND HIS NAME SHALL BE DROPPED
 FROM THE FIRM NAME UNLESS THE LAW ALLOWS HIM TO
PRACTICE CONCURRENTLY
The idea here is to prevent the firm from using the public officials name
to attract legal business and to avoid the appearance of undue influence.
While the rule against public officials engaging in private legal practice is
general, there are some exceptions:
- Legislators are only barred from appearing as counsel in any
tribunal (Constitution, Art. 6, Sec. 14 & 17)
- A Sanggunian member can practice law as long as they dont
appear as counsel before any LGU as adverse party, in any
criminal case involving a govt official in public capacity, dont
charge any fee for representing his LGU or public property or
personnel are used by him only in representing the Government
(LGC, sec. 90 a & b).
-Civil servants may practice law if not expressly barred by law as
long as the dept. head permits such.
For further study, see RA 3019, RA 7610 and RA 6713.

RULE 3.04: A LAWYER SHALL NOT PAY OR GIVE ANYTHING OF

VALUE TO REPRESENTATIVES OF THE MASS MEDIA IN
ANTICIPATION OF OR IN RETURN FOR PUBLICITY TO ATTRACT
LEGAL BUSINESS
The purpose here is to prevent the gain of undue advantage by means
of gimmickry, press agentry or any artificial means that will attract public
attention through the media.

CANON 4: A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE
- The law is a part of a vast social network so the lawyer must broaden out and
continue to grow in knowledge and competence as to make the law socially
responsive

CANON 5: A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,

PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGHEST STANDARDS IN LAW SCHOOLS AS WELL
AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND TO ASSIST IN
THE DISSEMINATING OF INFORMATION REGARDING LAW AND
JURISPRUDENCE
- Service in the judiciary and practice of law requires continuing legal education to
improve ones knowledge, to maintain the highest standards of legal obligation and
to make law part of social consciousness.

CANON 6: THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT

SERVICE IN THE DISCHARGE OF THEIR OFFICIAL DUTIES
- Lawyer serving as public officials do not shed their professional obligations as
members of the bar; in fact, they should be more sensitive to their official obligations
because disreputable conduct will be magnified before the public eye

RULE 6.01: THE PRIMARY DUTY OF A LAWYER IN PUBLIC

PROSECUTION IS NOT TO CONVICT BUT TO SEE THAT JUSTICE IS
DONE. THE SUPPRESSION OF FACTS OR CONCEALMENT OF
 WITNESSES CAPABLE OF ESTABLISHING THE INNOCENCE OF THE
ACCUSED IS HIGHLY REPREHENSIBLE AND IS CAUSE FOR
DISCIPLINARY ACTION
The public prosecutor should make sure that the guilty shall not escape
but must take pains to ensure the innocent do not suffer. Political and
other personal considerations should not affect him in the exercise of his
duty.
Wrongful convictions secured through irregular and foul means
contravene the spirit of justice within the law and before the courts.
Private prosecutors may be hired if the offended party is entitled to
indemnity but has expressly reserved the right to institute a separate
civil action. However, the private prosecutor should be under the public
prosecutors control and the latter should never delegate his duties to
the former.

RULE 6.02: A LAWYER IN GOVERNMENT SERVICE SHALL NOT USE

HIS PUBLIC POSITION TO PROMOTE OR ADVANCE HIS PRIVATE
INTERESTS NOR ALLOW THE LATTER TO INTERFERE WITH HIS
PUBLIC DUTY
This applies particularly to lawyers in public office who are allowed to
practice in private, by law or by government permission. The private
practice should never interfere with the official undertakings.
RA 6713, Secs. 7b-7c lay down the following:
1. No ownership, employment or professional association with a
private firm regulated, supervised or licensed by the officials
office unless law expressly allows such
2. No private practice of profession unless expressly authorized by
law and such does not interfere with official functions
3. No recommendation of any person to any post in a private
enterprise which has regular or pending official transaction with
officials office
4. No revelation or usage of confidential or classified information
officially known by civil servant by virtue of his public capacity
and unavailable to the public to further private interests or to the
prejudice of the public

RULE 6.03: A LAWYER SHALL NOT, AFTER LEAVING THE

GOVERNMENT SERVICE, ACCEPT ENGAGEMENT OR EMPLOYMENT
IN CONNECTION WITH ANY MATTER IN WHICH HE HAD
INTERVENED
- The restriction covers engagement or employment which will involve or
relate with a matter in which he intervened as a public official, except in
behalf of the body which he served during his public employment
- RA 6712, Sec. 7b : A former public servant cant practice his profession for
a period of 1 yr after leaving his post in connection with any matter before
the office he used to be with
- RA 3019, Sec 3d: Dont accept or allow family members to accept private
employment which has pending official business with officials office during
such pendency or within 1 yr after its termination

II. LAWYER AND THE LEGAL PROFESSION

CANON 7: A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF
THE INTEGRATED BAR

RULE 7.01: A LAWYER SHALL BE ANSWERABLE FOR KNOWINGLY

MAKING A FALSE STATEMENT OR SUPPRESSING A MATERIAL FACT
IN CONNECTION WITH HIS APPLICATION FOR ADMISSION TO THE
BAR
A student aspiring to be a lawyer must, at that early period, study and
observe the duties and responsibilities of a lawyer (show fitness to be
admitted to the BAR by adherence to CPR)
Rule 138 , Secs. 2, 5 & 6: No applicant shall be admitted to the BAR
unless s/he is a, at the TIME OF ADMISSION:
1. Citizen and Resident of the Philippines (full allegiance to its
laws)
2. At least 21 years old
3. A person of good moral character (continuing requirement)
4. No charges involving moral turpitude filed or pending
(disclosure of any involvement in any criminal case)
5. Proper educational qualifications (4 yr HS; 4 yr BA or BS with
required units in pol sci, philo, engl, hist, econ or span; 4 yr
LL B at reputable law school with completed units in BAR
subject courses)
6. BAR EXAM Passer

RULE 7.02: A LAWYER SHALL NOT SUPPORT THE APPLICATION FOR

ADMISSION TO THE BAR OF ANY PERSON KNOWN BY HIM TO BE
UNQUALIFIED IN RESPECT TO CHARACTER, EDUCATION OR OTHER
RELEVANT ATTRIBUTE
Every lawyer has the duty to uphold the integrity and dignity of the
profession by helping the SC screen potential Bar members by
recommending the qualified and exposing the unworthy.

RULE 7.03: A LAWYER SHALL NOT ENGAGE IN CONDUCT THAT

ADVERSELY REFLECTS ON HIS FITNESS TO PRACTICE LAW NOR
SHALL HE, WHETHER IN PUBLIC OR PRIVATE LIFE, BEHAVE IN A
SCNDALOUS MANNER TO THE DISCREDIT OF THE PROFESSION
Any unbecoming behavior of a lawyer, whether in public or private life,
will adversely affect the standing of the profession before the eyes of the
public
Gross immorality shows that a lawyer is unfit to practice (observance of
the communitys moral standards is mandatory)
Conviction of a crime involving moral turpitude (involving fraud, deceit or
falsehood) tarnishes a lawyers moral consciousness

CANON 8: A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,

FARINESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES AMD
SHALL AVOID HARASSING TACTICS VS. OPPOSING COUNSEL
- The highest reward that can come to a lawyer is the esteem of his professional
brethren, won in unique conditions and proceeds from an impartial judgement in
professional trials
- Such esteem is commanded solely by integrity of character and skills used in the
honorable performance of professional duty

RULE 8.01: A LAWYER SHALL NOT, IN PROFESSIONAL DEALINGS,

USE LANGUAGE THAT IS ABUSIVE, OFFENSIVE OR OTHERWISE
IMPROPER
An lawyers arguments, written or oral, should be graceful to the court
and to the opposing counsel, characterized by dignity, courtesy and
civility
Dont take legal battles in court personally and avoid bickerings

RULE 8.02: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,

ENCROACH UPON THE PROFESSIONAL EMPLOYMENT OF ANOTHER
LAWYER; HOWEVER, IT IS THE RIGHT OF ANY LAWYER, WITHOUT
FEAROR FAVOR, TO GIVE PROPER ADVICE OR ASSISTANCE TO
THOSE SEEKING RELIEF VS. UNFAITHFUL OR NEGLECTFUL
COUNSEL
Never compete with other lawyers in trying to secure clients nor take
over a case as a substituting counsel unless the proper formalities are
observed and the previous counsel is notified of the termination of his
services
Never negotiate with the opposing party without consulting the latters
counsel, if any
Never get offended if a client hires an associate counsel in a case as it
may not necessarily mean that there is a want of confidence in the
original counsel and in case of conflict between associate counsels, ask
the client to decide

CANON 9: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST THE

UNAUTHORIZED PRACTICE OF LAW
* PRACTICE OF LAW: any activity in or out of court which requires the application
of law, legal principle, practice or procedure and calls for
legal knowledge, training and experience (pre-supposes the
existence of an attorney-client relationship)
: Only those who are admitted to the bar, in good standing,
observant of basic legal ethics and continually subject to the
SCs disciplinary power may engage in the practice of law
(except for existing legal exceptions)
: includes legal advice, representation, drafting pleadings and
other legal documents
CAYETANO VS. MONSOD: the Padilla dissent criteria
- Habituality
- Compensation
- Legal knowledge
- Attorney-Client relationship

RULE 9.01: A LAWYER SHALL NOT DELEGATE TO ANY UNQUALIFIED

PERSON THE PERFORMANCE OF ANY TASKWHICH BY LAW MAY
ONLY BE PERFORMED BY A MEMBER OF THE BAR IN GOOD
STANDING
Never delegate any task involving the knowledge and application of law
to a non-lawyer but law students are permitted to give assistance
 RULE 9.02: A LAWYER SHALL NOT DIVIDE NOR STIPULATE TO
DIVIDE A FEE FOR LEGAL SERVICES WITH PERSONS NOT LICENSED
TO PRACTICE LAW, EXCEPT:
A) WHERE THERE IS A PRE-EXISTING AGREEMENT WITH A
PARTNER OR AN ASSOCIATE THAT, UPON THE LATTERS
DEATH, MONEY SHALL BE PAID OVER A REASONABLE
PERIOD OF TIME TO HIS ESTATE OR TO PERSONS
SPECIFIED IN THE AGREEMENT;
B) WHERE A LAWYER UNDERTAKES TO COMPLETE
UNFINISHED OR LEGAL BUSINESS OF A DECEASED LAWYER;
C) WHERE A LAWYER OR LAW FIRM INCLUDES NON-LAWYER
EMPLOYEES IN A RETIREMENT PLAN, EVEN IF THE PLAN IS
BASED IN WHOLE OR IN PART, ON PROFIT-SHARING

III. LAWYER AND THE COURTS

CANON 10: A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO

THE COURT
- As an officer of the court, a lawyers first and foremost loyalty should be to the
courts and its task to administer justice fairly and impartially (Superior Retainer)
- However, he should not remain as a meek umpire but must advocate, within proper
bounds, the ends he believes to be true and just

RULE 10.01: A LAWYER SHALL NOT DO ANY FALSEHOOD NOR

CONSENT TO THE DOING OF ANY IN COURT NOR SHALL HE
MISLEAD OR ALLOW THE COURT TO BE MISLED BY AN ARTIFICE
The duties to the court must prevail over the duties to the client
The idea is to help administer justice properly, not to win at whatever
cost

RULE 10.02: A LAWYER SHALL NOT KNOWINGLY MISQUOTE OR

MISREPRESENT THE CONTENTS OF A PAPER, THE LANGUAGE OR
THE ARGUMENT OF THE OPPOSING COUNSEL OR THE TEXT OF A
DECISION OR AUTHORITY OR KNOWINGLY CITE AS LAW A
PROVISION ALREADY RENDERED INOPERATIVE OR ASSERT A FACT
WHICH HAS NOT BEEN PROVED
Article 8 NCC: Judicial decisions form part of the laws of the land
Violations of R10.02 are invitations for CONTEMPT citations

RULE 10.03: A LAWYER SHALL OBSERVE THE RULES OF

PROCEDURE AND SHALL NOT MISUSE THEM TO DEFEAT THE ENDS
OF JUSTICE
The existing legal procedures and remedies are means to secure justice
for meritorious causes; Such should not be subverted nor prostituted to
unjustly trample upon anothers legal right or claim (eg. Forum-
shopping, multiple suits, etc.)
CANON 11: LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE
TO THE COURTS AND JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS
-Respect of courts help build the high esteem and regard toward them which is
essential to the proper administration of justice
- Obey lawful court orders and defend judges from criticisms who cant defend
themselves

RULE 11.01: A LAWYER SHALL APPEAR IN COURT PROPERLY

ATTIRED
Improper attire and unkempt grooming are invitations for CONTEMPT
citations
For men: Barong Tagalog or a Western Suit (Coat and Tie)
For women: Tailored pantsuits, skirt suits or well-cut dresses (knee-
length at most), etc.

RULE 11.02: A LAWYER SHALL PUNCTUALLY APPEAR AT COURT

HEARINGS
Habitual tardiness or absence may prejudice the clients rights in court

RULE 11.03: A LAWYER SHALL ABSTAIN FROM SCANDALOUS,

OFFENSIVE OR MENACING LANGUAGE BEFORE THE COURTS
Dignified and courteous language is a must before the courts at all
times, at whatever form (Zeal in defending a cause does not excuse
improper language and does not count as a defense when cited for
contempt)
A judge should also be courteous to the counsels to merit respect

RULE 11.04: A LAWYER SHALL NOT ATTRIBUTE TO A JUDGE

MOTIVES NOT SUPPORTED BY THE RECORD OR HAVE NO
MATERIALITY TO THE CASE
Criticism of judicial decision and actions are part of protected speech
unless such crosses the boundaries of impropriety or exerts pressure
(viz. stirs up public opinion) on the judge, to the prejudice of the litigants
before him - - - - proper remedy: CONTEMPT OF COURT

RULE 11.05: A LAWYER SHALL SUBMIT GRIEVANCES AGAINST A

JUDGE TO THE PROPER AUTHORITIES ONLY
In filing administrative cases before the judge, the causes should be
well-grounded and not merely speculative, bred by revenge or hate for
the judges past actions

CANON 12: A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE
- A lawyer may be able to help the court in the due and orderly administration of
justice by doing no act that obstructs, perverts or impedes the administration of
justice and by faithfully complying with all his duties to the courts and to his clients.

RULE 12.01: A LAWYER SHALL NOT APPEAR FOR TRIAL UNLESS HE

HAS ADEQUATELY PREPARED HIMSELF ON THE LAW AND THE
FACTS OF HIS CASE, THE EVIDENCE HE WILL ADDUCE AND THE
ORDER OF PREFERENCE. HE SHOULD ALSO BE READY WITH THE
ORIGINAL DOCUMENTS FOR COMPARISON WITH THE COPIES
Lawyers who come to court unprepared will unduly delay the
proceedings, unfairly burdening the courts for no valid cause and
endangering the rights of the litigants

RULE 12.02: A LAWYER SHALL NOT FILE MULTIPLE ACTIONS

ARISING FROM THE SAME CAUSE
The lawyer should not subvert the ends of justice by prostituting legal
remedies to the detriment of the adverse litigants rights
FORUM SHOPPING: improper practice of going from one court to
another, seeking relief by filing various suits involving the same
substantial matter (TEST: Presence of litis pendencia or Existence of res
judicata)
SC Circular No. 28-91: Inform the SC, if filing an action before such, on
WON there are other pending suits or actions in other courts involving
the same issues raised
Rules of Court: Litigant must submit the a forum-shopping certification
along with the signed pleading for verification
Lawyer must temper clients propensity to litigate (Rules 1.03 and 1.04)
and discourage (but wait for clients decision before taking action) an
appeal if such if futile

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 AND EXPLANATION FOR HIS FAILURE TO DO SO
Always file necessary briefs on time and in asking for time extensions,
ascertain there are valid reasons behind such
Never fail to explain before the court why nothing was filed after the
extension expires since such would show discourtesy to the court

RULE 12.04: A LAWYER SHALL NOT UNDULY DELAY A CASE,

IMPEDE THE EXECUTION OF A JUDGMENT OR MISUSE THE COURT
PROCESS
Never use legal remedies to subvert the ends of justice by impeding a
judicially-upheld legal right lest the wronged party be deprived of what is
due him

RULE 12.05: A LAWYER SHALL REFRAIN FROM TALKING TO HIS

WITNESS DURING ABREAK OR RECESS IN THE TRIAL, WHILE THE
WITNESS IS STILL UNDER EXAMINATION
Avoid any suspicion that would make it appear one is coaching the
witness

RULE 12.06: A LAWYER SHALL NOT KNOWINGLY ASSIST A

WITNESS TO MISREPRESENT HIMSELF OR IMPERSONATE
ANOTHER
Avoid any action that would make it appear that there is an attempt to
influence what the witness will say in court

RULE 12.07: A LAWYER SHALL NOT ABUSE, BROWBEAT OR

HARASS A WITNESS NOR NEEDLESSLY INCONVENIENCE HIM
 Always treat witnesses with fairness and courtesy

RULE 12.08: A LAWYER SHALL AVOID TESTIFYING IN BEHALF OF

HIS CLIENT, EXCEPT:
a) ON FORMAL MATTERS (MAILING, AUTHENTICATION OF
INSTRUMENTS, CUSTODY OF SUCH, ETC.)
b) SUBSTANTIAL MATTERS (TESTIMONY IS ESSENTIAL TO THE
NEEDS OF JUSTICE)
The underlying reason for the impropriety of a lawyer acting in such dual
capacity lies in the difference between the functions of a WITNESS
(objective and truthful statement of relevant facts) and an ADVOCATE
(partisan view and acts to stress a cause)

CANON 13: A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE OR
GIVES THE APPEARANCE OF INFLUENCING THE COURT
- The judiciary, as the branch of government responsible for the administration of
justice, must be independent and free from outside interference

RULE 13.01: A LAWYER SHALL NOT EXTEND EXTRAORDINARY

ATTENTION OR HOSPITALITY TO, NOR SEEL OPPORTUNITY FPR
CULTIVATING FAMILIARITY FOR JUDGES
Marked attention, unusual hospitality and any other act which makes it
appear that the lawyer is seeking to cultivate stronger ties to the judge
and prohibited (mere suspicions about the lawyers motives should be
avoided at all times)

RULE 13.02: A LAWYER SHALL NOT MAKE PUBLIC STATEMENTS IN

MEDIA REGARDING A PENDING CASE ATTEMPTING TO AROUSE
PUBLIC OPINION FOR OR AGAINST A PARTY
Holding media events, public demonstrations and other activities which
rouse public opinion regarding a pending case must be avoided
Concluded litigations may be criticized in a decent and respectful manner
but pending ones should not be as such may influence the decision of
the judge (Proper remedy: CONTEMPT)
The lawyer has the duty to expose any wrongdoings within the
machinery of justice in a courteous manner and before the proper forum

RULE 13.03: A LAWYER SHALL NOT BROOK OR INVITE

INTERFERENCE BY ANOTHER BRANCH OR AGENCY OF THE
GOVERNMENT IN THE NORMAL COURSE OF JUDICIAL
PROCEEDINGS
Judicial independence should be protected at all times

IV. LAWYER AND THE CLIENT

- A lawyer is an advocate who can choose what business to accept, except when
PUBLIC RESPONSIBILITY mandates that he RENDER LEGAL SERVICES TO THE
NEEDY AND THE OPPRESSED who are unable to pay
- An attorney-client relationship is strictly personal, characterized as highly
confidential and fiduciary
- RETAINER: act of engaging the services of a lawyer ( General secure services
beforehand for any anticipated legal problem; Special secure services for a
particular case)
- RETAINING FEE: a preliminary fee to insure future services and compensate lawyer
for the opportunity cost of being tied down to a particular client (avoid conflict of
interest with other prospective clients); this does not cover the fees for actual and
specific legal services
- A lawyer cant counsel or represent a client without an express or implied
CONTRACT OF EMPLOYMENT WITH A CLIENT (Documentary formalities are
convenient proofs but not necessary since what is important is to ESTABLISH THE
PROFESSIONAL RELATION THAT THE ADVICE AND ASSISTANCE OF AN ATTORNEY
IS SOUGHT AND RECEIVED IN A MANNER PERTAINING TO HIS PROFESSION)
- In a law firm, the lawyers affiliated therein are considered as one entity (it is the
FIRM that is actually engaged for services, though different PARTNERS or
ASSOCIATES render such services in its name)

CANON 14: A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY
- The lawyer has a public responsibility to correct socio-economic imbalances by
providing legal services to those in dire need of such

RULE 14.01: A LAWYER SHALL NOT DECLINE TO REPRESENT A

PERSON SOLELY ON THE ACCOUNT OF THE LATTERS RACE, SEX,
CREED, OR STATUS OF LIFE, OR BECAUSE OF HIS OPINION AS
REGARDS TO THE GUILT OF THE PERSON
A lawyer must not act as a judge and immediately pass judgment upon
the accused, who is entitled to the constitutional presumption of
innocence until his guilt is proven beyond reasonable doubt
In a civil action, rules prohibit a lawyer from taking a bad case
1. Sign the pleadings pages to certify its good cause
2. Take only cases one honestly believes to be meritorious
3. Never delay or stir up suits due to improper motives
4. Dont accept cases which are baseless and made in bad faith

RULE 14.02: A LAWYER SHALL NOT DECLINE, EXCEPT FOR SERIOUS

AND SUFFICIENT CAUSE, AN APPOINTMENT AS COUNSEL DE
OFICIO OR AMICUS CURIAE OR AN IBP REQUEST FOR RENDITION
OF FREE LEGAL AID
Frequent appointment of an attorney as counsel de oficio is discouraged
as not to burden the latter and his clients too much

RULE 14.03: A LAWYER MAY REFUSE TO ACCEPT REPRESENTATION

OF AN INDIGENT CLIEND IF:
A) HE IS NOT IN THE POSITION TO CARRY OUT THE WORK
EFFECTIVELY AND COMPETENTLY
B) HE LABORS UNDER CONFLICT OF INTEREST BETWEEN HIM
AND THE PROSPECTIVE CLIENT OR BETWEEN THE PRESENT
CLIENT AND THE PROSPECTIVE ONE

RULE 14.04: A LAWYER WHO ACCEPTS THE CAUSE OF A PERSON

UNABLE TO PAY HIS LEGAL FEES SHALL OBSERVE THE SAME
STANDARD OF CONDUCT GOVERNING HIS RELATIONS WITH
PAYING CLIENTS
 Failure of the client to pay is not a valid excuse to abandon the latters
cause, especially if such failure is not characterized by malice or fraud

CANON 15: A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY

IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS

RULE 15.01: A LAWYER, IN CONFERRING WITH A PROSPECTIVE

CLIENT, SHALL ASCERTAIN ASAP WHETHER THE MATTER WILL
INVOLVE A CONFLICT WITH ANOTHER CLIENT OR HIS OWN
INTEREST AND IF SO, SHALL INFORM THE PROSPECTIVE CLIENT
FORTHWITH
Concealment of facts from the client by a lawyer will lessen the formers
confidence in the latter and open said lawyer to suspicions of possible
betrayal or lack of devotion
Decline employment, no matter how lucrative, if the circumstances of
such will make it appear that the lawyer has improper motives or that he
is transgressing the professions ethics

RULE 15.02: A LAWYER SHALL BE BOUND BY THE RULE ON

PRIVILEGED COMMUNCATION IN RESPECT OF MATTERS
DISCLOSED TO HIM BY A PROSPECTIVE CLIENT
The intent here is to enable the client to communicate to the lawyer any
pertinent information without fear of being betrayed by the latter

RULE 15.03: A LAWYER SHALL NOT REPRESENT CONFLICTING

INTERESTS EXCEPT UPON WRITTEN CONSENT OF ALL CONCERNED
GIVEN AFTER FULL DISCLOSURE OF THE FACTS
Inform all parties concerned of the situation and the nature and extent
of the supposed conflict (intent: INFORMED DECISION must be made)

RULE 15.04: A LAWYER MAY, UPON WRITTEN CONSENT OF ALL

CONCERNED, ACT AS MEDIATOR, CONCILIATOR OR ARBITRATOR
IN SETTLING DISPUTES
Take this rule in relation to R1.04, R15.07, etc.

RULE 15.05: A LAWYER WHEN ADVISING HIS CLIENT SHALL GIVE

A CANDID AND HONEST OPINION ON THE MERITS AND PROBABLE
RESULTS OF THE CLIENTS CASE, NEITHER OVERSTATING NOR
UNDERSTATING THE PROSPECTS OF SUCH
The purpose here is to administer justice and protect the rights of the
injured, whether or not s/he is ones client (SUPREME RETAINER to the
justice system)

RULE 15.06: A LAWYER SHALL NOT STATE OR IMPLY THAT HE IS

ABLE TO INFLUENCE ANY PUBLIC OFFICIAL, TRIBUNAL OR
LEGISLATIVE BODY
Take this rule in relation to Canon 13

RULE 15.07: A LAWYER SHALL IMPRESS UPON HIS CLIENTS

COMPLIANCE WITH THE LAWS AND PRINCIPLES OF FAIRNESS
Take this rule in the context of Canons 10, 11, 12 and 17
 RULE 15.08: A LAWYER WHO IS ENGAGED IN ANOTHER
PROFESSION OR OCCUPATION CONCURRENTLY WITH THE
PRACTICE OF LAW SHALL MAKE CLEAR TO HIS CLIENT WHETHER
HE IS ACTING AS A LAWYER OR IN ANOTHER CAPACITY
The client has a right to know since he has the last say on WON to
continue with the attorney-client relationship
Taken in relation to R7.03, where a lawyer may be disciplined for any
improper acts performed in whatever capacity

I. LAWYER AS TRUSTEE OF CLIENTS PROPERTY

CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEY(S) AND/OR

PROPERTY RECEIVED FROM AND/OR FOR THE CLIENT
- A fiduciary relationship exists as a matter of law between attorney and client, which
requires all dealings growing out of such relationship to be subject to the closest
judicial scrutiny
- Attorney should not transact with the client in financial matters that would
disadvantage the latter (intent: prevent the lawyer from preying on clients
weakness)
- Art. 1491 of NCC prohibits the lawyer and other court officers from purchasing
property in litigation:
1. Attorney-client relationship exists
2. Property is the subject of litigation
3. Attorney takes part in said litigation
4. Purchase done during the pendency of such
* Exceptions to the rule:
1. ACR terminated in good faith prior to purchase
2. Lawyer buys/bids for property on behalf of client
3. Contingent fee contract upon the outcome of litigation

RULE 16.01: A LAWYER SHALL ACCOUNT FOR ALL MONEY AND

PROPERTY COLLECTED OR RECEIVED FOR OR FROM CLIENT
No unilateral appropriation of funds without asking and securing clients
consent

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
Take good care of clients property since the ACR is characterized by a
high degree of trust and fidelity

RULE 16.03: A LAWYER SHALL DELIVER THE FUNDS AND

PROPERTY TO HIS CLIENTWHEN DUE OR UPON DEMAND.
HOWEVER, HE SHALL HAVE A LIEN OVER THE FUNDS AND MAY
APPLY TO SATISFY FEES AND DISBURSEMENTS, GIVING CLIENT
PROMPT NOTICE. HE SHALL ALSO HAVE A LIEN ON ALL
JUDGMENTS AND EXECUTIONS SECURED FOR HIS CLIENT
Failure to return clients property upon demand gives rise to a
presumption of misappropriation

RULE 16.04: A LAWYER SHALL NOT BORROW MONEY FROM HIS

CLIENT UNLESS THE CLIENTS INTERESTS ARE FULLY PROTECTED
BY THE NATURE OF THE CASE OR BY INDEPENDENT ADVICE.
 NEITHER SHALL A LAWYER LEND MONEY TO A CLIENT EXCEPT,
WHEN IN THE INTEREST OF JUSTICE, HE HAS TO ADVANCE
NECESSARY EXPENSES IN A LEGAL MATTER BEING HANDLED BY
HIM
Never engage the client in a debtor-creditor relationship unless the
latters rights are fully secured or it is really necessary in the interest of
justice

II. ENTIRE DEVOTION TO CLIENTS CAUSE

CANON 17: A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND
HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE IN HIM
- Once the lawyer takes up clients cause, he must entirely devote himself to such
within reasonable bounds
- The client is entitled to the benefit of possible legal remedy or defense and he can
expect his lawyer to assert such for him
- Negligence or infidelity to clients cause will subvert the administration of justice
and prejudice the rights of the litigant

CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE
- The lawyer has the duty to serve the client in order to safeguard the latters rights

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
Never take a case involving a specialized legal field without any
knowledge of such (see R8.02 for a possible remedy)

RULE 18.02: A LAWYER SHALL NOT HANDLE ANY LEGAL MATTER

WITHOUT ADEQUATE PREPARATION
Take note of R12.01, Canon 4 & 5

RULE 18.03: A LAWYER SHALL NOT NEGLECT A LEGAL MATTER

ENTRUSTED TO HIM, AND HIS NEGLIGENCE SHALL RENDER HIM
LIABLE
Standard of care: Reasonable/ Ordinary diligence

RULE 18.04: A LAWYER SHALL KEEP THE CLIENT INFORMED OF

THE STATUS OF HIS CASE AND SHALL RESPOND WITHIN A
REASONABLE TIME TO CLIENTS REQUEST FOR INFORMATION
The client is entitled to the fullest disclosure of how his case is being
handled since his rights are at stake

CANON 19: A LAWYER SHALL REPRESENT THE CLIENT WITHIN THE

BOUNDS OF LAW
- The duty to render efficient service in defending clients cause should not defeat
the purpose of the legal system, which is to administer justice to those in dire need
of such
 RULE 19.01: A LAWYER SHALL EMPLOY ONLY FAIR AND HONEST
MEANS TO ATTAIN THE LAWFUL OBJECTIVES OF THE CLIENT AND
SHALL NOT PRESENT, PARTICIPATE OR THREATEN TO PRESENT
UNFOUNDED CRIMINAL CHARGES TO OBTAIN IMPROPER
ADVANTAGE
Only fair and honest means are to be used in serving the client, since it
is presumed the lawyer believes the latters cause to be meritorious
Take the ff. into account: R15.07, R12.02, etc.

RULE 19.02: A LAWYER WHO HAS RECEIVED INFORMATION THAT

HIS CLIENT PERPETUATED A FRAUD UPON A PERSON OR
TRIBUNAL SHALL PROMPTLY CALL UPON THE CLIENT TO RECTIFY
THE SAME AND TERMINATE THE RELATIONSHIP UPON FAILURE OF
THE LATTER TO DO SO
Take the ff. into account: R1.01, R1.02, R15.07, etc.

RULE 19.03: A LAWYER SHALL NOT ALLOW THE CLIENT TO

DICTATE THE PROCEDURE IN HANDLING THE CASE
Ask for clients opinion on how to go about with the matter but never let
him take control of the actual legal handling of the case (R15.07)

III. AUTHORITY OF LAWYER

A. IN GENERAL

1. POWER TO BIND THE CLIENT: The professional employment of an

attorney confers upon him to do on behalf of his client such acts as are
necessary or incidental to the prosecution or management of the suit
entrusted to him or the accomplishment of the purpose for which he was
retained
2. ATTORNEY AS CLIENTS AGENT: Outside the court, the ordinary agent
test applies; Inside the court, officer of the court test applies
3. COLLECTION OF CLAIMS: The authority to collect does not include the
authority to lower the amount, condone the debt, unilaterally appropriate the
amount collected, etc.
4. ACCEPTANCE OF SERVICE OF SUMMONS: Authority to accept
summons not necessarily implied in ACR
5. DELEGATION OF AUTHORITY: Never delegate to another lawyer tasks
entrusted by the client unless the latter gave consent or ratified such
delegation
6. DELEGATION OF LEGAL WORK: In law firms or partnerships, the legal
work may be delegated to the associated since the logic here is that the
FIRM was the one hired to represent the client

B. AUTHORITY TO APPEAR

1. WHAT IS APPEARANCE: Appearance refers to the lawyers appearance

in court in behalf of the client asking relief from such, binding upon the
clients retention or the courts authorization (voluntary submission to courts
jurisdiction)
 2. TYPES OF APPEARANCE: General (implies voluntary submission to
courts jurisdiction) and Special (appearance solely to contest the courts
jurisdiction over the client/ matter)
3. PRESUMPTION OF AUTHORITY TO APPEAR: A lawyer is presumed to
hav the authority to appear but this may be challenged by the adverse party
or the purported client himself
4. DISCLOSURE OF AUTHORITY: Once the authority to appear is
challenge, the court may require the attorney to prove his authority to
appear by presenting evidence indicating the existence of the ACR/retainer
5. UNAUTHORIZED APPEARANCE: Unauthorized appearance will not bind
the purported client and the erring lawyer will be cited for CONTEMPT
C. CONDUCT OF LITIGATION
- In the conduct of litigation, the claim sued upon and the subject matter of the
litigation (SUBSTANTIAL compromise, ratification, waiver of rights, dismiss/settle
cause, etc.) is within the clients exclusive control while the lawyer can bind the
client in matters of ordinary judicial procedure (PROCEDURAL procedural
questions, admissions, stipulations, etc. )

D. MATTERS PERTAINING TO CLIENT

1. KNOWLEDGE ACQUIRED BY LAWYER: See R15.02, Canon 21

2. NOTICE, ITS EFFECTS AND MODES OF SERVICE: Notice to counsel
on record is notice to client unless:
a. There are 2 lawyers and there is an agreement that only one of them
is to receive said notice
b. There is the danger of collusion
c. The accused/litigant has no counsel
d. The court exercised discretion to serve notice on the litigant
Notice is usually served by mail or by personal delivery to the counsels office
3. MISTAKE OF COUNSEL BINDING UPON THE CLIENT: Generally,
mistake of the attorney binds the client as regards to procedural matters
4. EXCEPTIONS TO THE MISTAKE AS BINDING RULE: The general
rule does not apply if the negligence is so gross that the client is deprived of
due process

IV. COMPENSATION OF ATTORNEY

CANON 20: A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES
- Although the profession is not a business, it is only fair that the lawyer be
compensated for services rendered to a client and the court will protect the lawyer
from clients who will attempt to defraud him
- Attorneys fees will not accrue unless there exists an ATTORNEY-CLIENT
RELATIONSHIP:
1. RETAINER/EXPRESS CONTRACT: The contract for professional
services may be written or oral (general retainer: secure future services/
special retainer: for actual services rendered) and general provisions of
the contract laws (1305-1422 of NCC) applies concerning its validity
2. CONTINGENT FEE CONTRACT: agreement in writing wherein the fee,
usually a fixed percentage of what may be recovered by the action, is
made to depend upon the success in enforcing the clients rights. To be
valid, it should be written, not violative any provisions of the law
concerning contracts and the fee should not be unconscionable.
 NB: Contracts regarding professional legal services are to be construed
in favor of the client (De los Santos Vs. Palanca) and the Court will only
interfere when said contracts violate the law or cause injustice to the
client

3. QUANTUM MERUIT: The court will fix the attorneys compensation

depending upon the nature, quantity and quality of the services he
rendered, which benefited the client, if:
a. There is no agreement as to legal fees
b. The amount stipulated is unconscionable
c. Client rejects the amount as unconscionable
d. The contract is invalid for some other reason
e. Lawyer failed to complete the litigation w/o fault
- Only lawyers who actually rendered service may share in the fees (agreement/
proportion), from the time they were hired to the time of their discharge by the client
or upon termination of the litigation (REFUND WHAT WAS NEVER EARNED)
- Liability for attorneys fees:
1. Client who retains counsels services
2. Those who benefited from the services (extent of benefit)
3. Assignee
4. Labor cases: union and non-union members who benefit
5. Derivative suits: all stockholders or company funds liable
6. Receivership proceedings: assets under receivership
7. Trusteeship/guardianship: trust estate/ wards property
8. Estate proceedings: estates assets (depending on its net worth) prior
to distribution and the heirs in proportion to their shares, if the assets
have been partitioned already
- Clients can not use their prerogative to terminate the ACR for the purpose of
defrauding the lawyer and to deprive him of his rightful fees

RULE 20.01: A LAWYER SHALL BE GUIDED BY THE FOLLOWING

FACTORS IN DETERMINING HIS FEES:
a) THE TIME SPENT AND EXTENT OF SERVICES RENDERED
OR REQUIRED
b) NOVELTY AND DIFFICULTY OF THE QUESTIONS
INVOLVED
c) IMPORTANCE OF THE SUBJECT MATTER
d) SKILL DEMANDED
e) PROBABILITY OF LOSING ANOTHER EMPLOYMENT
f) CUSTOMARY IBP CHARGES
g) AMOUNT INVOLVED OR BENEFITS RESULTING TO CLIENT
h) CONTINGENCY OR CERTAINTY OF COMPENSATION
i) CHARACTER OR EMPLOYMENT (occasional/established)
J) PROFESSIONAL STANDING OF LAWYER
Other factors that may be considered: Test case, Capacity of client to
pay, statutory limits, etc.

RULE 20.02: A LAWYER SHALL, IN CASES OF REFERRAL, WITH THE

CONSENT OF THE CLIENT, BE ENTITLED TO A DIVISION OF FEES IN
PROPORTION TO THE WORK PERFORMED AND THE BENEFITS
ASSUMED
 Referral here contemplates that there was some form of additional
service/ responsibility assumed by another counsel

RULE 20.03: A LAWYER SHALL NOT, WITHOUT CLIENTS FULL

KNOWLEDGE AND CONSENT, RECEIVE COMPENSATION FROM
ANOTHER
Lawyers fidelity must be devoted to the client alone

RULE 20.04: A LAWYER SHALL AVOID CONTROVERSIES WITH

CLIENTS CONCERNING COMPENSATION AND SHALL RESORT TO
JUDICIAL ACTION ONLY WHEN THERE IS FRAUD, IMPOSITION OR
INJUSTICE

In recovering fees in case of irreconcilable conflict with client, a lawyer

may take judicial action to enforce his rights:
1. PETITION TO RECOVER AS THE INCIDENT OF MAIN ACTION
FOR WHICH THE SERVICES WERE RENDERED: File the ancilliary
petition to recover with the main action before the court
concerned to avoid multiplicity of suit.
2. INDEPENDENT CIVIL ACTION: This is the remedy when the
main action fails, such does not involve the services for which
fees are sought from, the party litigant is not liable for fees,
court trying the main action loses jurisdiction or the lawyer
reserved the right to file a separate claim before the court.
3. ESTATE PROCEEDINGS: When the administrator fails to pay,
file a claim (INTERVENTION IN THE SETTLEMENT) with the
estate before the probate court prior to distribution of assets.
Either way, the claim to fees must be proven by the lawyer during trial
but defenses in ORDINARY CIVIL SUITS apply
In case there are properties belonging to the client that are within the
lawyers possession and the former refuses to pay, the lawyer MUST
SECURE A COURT ORDER FOR THE ALLOWANCE OF FEES WITH
NOTICE TO THE CLIENT TO GIVE THE LATTER OPPORTUNITY TO BE
HEARD
Attorneys fees awarded in damages (Art. 2208) belong to the client
since the court awards such in cases where the litigant was forced to
come to court for relief as to ease his burden (ie. Exemplary damages,
backwages, indemnities, support, etc.) such is discretionary but
requires the existence of a private counsel and a money judgment

V. PRESERVATION OF CLIENTS CONFIDENCE

CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS

OF CLIENT EVEN AFTER THE ACR IS TERMINATED
- The general rule is that the duration of the duty to preserve confidence is
PERPETUAL
- The attorney-client privilege attaches only where LEGAL ADVICE is sought from an
ATTORNEY IN HIS PROFESSIONAL CAPACITY with respect to COMMUNICATIONS
relating to that purpose, made by the CLIENT IN CONFIDENCE (evidentiary privilege
may be waived by the client)
- The communication must be made in confidence (intent to classify such as
confidential) by voluntary disclosure between client and lawyer, in whatever mode
 - The privilege may be claimed by those hired by the client or lawyer for effective
consultation or communication
- The privilege extends to PRIVILEGED MATTERS (work products like documents,
computer files, etc.)
- The privilege does not extend to PRESENT OR FUTURE OFFENSES, only to past
ones already committed

RULE 21.01: A LAWYER SHALL NOT REVEAL THE CONFIDENCE OR

SECRETS OF CLIENT EXCEPT:
a) WHEN AUTHORIZED BY THE COURT
b) WHEN REQUIRED BY LAW
c) WHEN NECESSARY TO COLLECT FEES OR TO DEFEND SELF BY
JUDICIAL ACTION
Privilege should not be used to break the law or injure others rights

RULE 21.02: A LAWYER SHALL NOT, TO THE DISADVANTAGE OF

THE CLIENT, USE INFORMATION ACQUIRED IN THE COURSE OF
EMPLOYMENT NOR SHALL HE USE THE SAME TO HIS OR
ANOTHERS ADVANTAGE UNLESS CLIENT GAVE CONSENT UPON
FULL KNOWLEDGE
The lawyer enjoys the clients full confidence; he must not do anything
to take advantage of such for money or any other improper motive

RULE 21.03: A LAWYER SHALL NOT, WITHOUT THE WRITTEN

CONSENT OF THE CLIENT, GIVE INFORMATION TO OUTSIDE
AGENCIES
Work product of a lawyer is considered PRIVILEGED MATTER

RULE 21.04: THE LAWYER MAY DISCLOSE INFORMATION TO

ASSOCIATES OR PARTNERS IN THE FIRM HIRED BY THE SAID
CLIENT UNLESS THE LATTER PROHIBITS SUCH
All members and employees of the FIRM are considered as one entity

RULE 21.05: A LAWYER SHALL ADOPT MEASURES AGAINST THE

DISCLOSURE OF CLIENTS SECRETS
Do everything to prevent possible leakage (this rule may be violated
UNINTENTIONALLY through negligence)

RULE 21.06: A LAWYER SHALL AVOID INDISCREET CONVERSATION

ABOUT CLIENTS AFFAIRS EVEN WITH MEMBERS OF HIS FAMILY
Indiscreetness contemplates negligence or intent to cause damage

RULE 21.07: A LAWYER SHALL NOT REVEAL HIS HAVING BEEN

CONSULTED
This applies to matters revealed by PROSPECTIVE CLIENTS (Hilado case)

VI. TERMINATION OF SERVICES

CANON 22: A LAWYER MAY WITHDRAW HIS SERVICES ONLY FOR GOOD
CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES
- The notice of discharge, to bind the court, must be made formally through a
MOTION TO DISCHARGE before such and notice given to the adverse party
- Once the lawyer is discharged, he cant represent the client anymore
 - ACR terminates upon the clients loss of legal capacity
- How to change counsels:
1. Client discharges A and hires B
2. Attorney withdraws appearance with clients consent or due to valid cause
3. Application for SUBSTITUTION OF COUNSEL:
a. written application for substitution
b. written consent of client
c. written consent of substituting lawyer
d. notice of the application upon the substituting lawyer

RULE 22.01: A LAWYER MAY WITHDRAW HIS SERVICES IN ANY OF

THE FOLLOWING:
a) CLIENT PURSUES AN ILLEGAL OR IMMORAL COURSE OF
CONDUCT
b) CLIENT INSIST THAT LAWYER VIOLATE THE CPR
c) INABILITY TO WORK WITH CO-COUNSEL WILL PREJUDICE
CLIENT
d) MENTAL OR PHYSICAL DIFFICULTY WILL PREJUDICE CLIENT
e) CLIENT DELIBERATELY FAILS TO PAT THE FEES
f) LAWYER ASSUMES PUBLIC OFFICE
g) OTHER SIMILAR CASES
In withdrawal for good causes, clients consent is not needed, only
NOTICE

RULE 22.02: A LAWYERS WITHDRAWAL OR DISCHARGE SHALL BE

WITHOUT PREJUDICE TO HIS ATTORNEYS LIEN
A lawyer who is discharged or withdraws must immediately turn over all
papers and property belonging to client and orderly transfer such to his
successor subject to a LIEN as a security for his fees:
1. Retaining Lien: Clients property w/in his possession by virtue
of his professional capacity until he is paid ( right to retain the
clients property general lien for the balance of the account, a
passive right to inconvenience client to satisfy fees due)
2. Charging lien: Money judgments or executions wherein he
rendered services (claim must be entered on record special
lien for services rendered and attaches to real or personal
property awarded)

VII. SUSPENSION AND DISBARMENT

A. AUTHORITY OF SC TO DISCIPLINE LAWYERS

- The SC has the right to determine WON a person should be allowed to practice law
or be banned from such (CONST. Art 8, sec. 5.5)
- Disciplinary proceedings are aimed at protecting the public from unscrupulous
lawyers and to ensure the integrity of the profession and the justice system

B. GROUNDS FOR DISCIPLINE

- Grounds for discipline apply to misconduct before or incident to admission
- Grounds for suspension and disbarment: Rule 138 sec. 27 are not exclusive since
CPR and lawyers oath violations also merit administrative sanctions

V. CODE OF JUDICIAL CONDUCT

- The CJC took effect in 1989 when by virtue of a resolution the SC adopted AO 162,
promulgating the canons of judicial ethics
- The Preamble of the CJC: An honorable, competent and independent judiciary
exists to administer justice and thus promote the unity of the country, the stability of
the government and the well-being of the people
- The administration of justice is a joint responsibility of the lawyer and the judge

CANON 1: A JUDGE SHOULD UPHOLD THE INTEGRITY AND

INDEPENDENCE OF THE JUDICIARY
- A magistrate of the law must live up the standards of being the VISIBLE
REPRESENTATION OF LAW AND JUSTICE
- Who is a JUDGE: public officer designated to preside and to administer law in a
court of justice, a man of learning who should be imbued with a high sense of duty
and responsibility

RULE 1.01: A JUDGE SHOULD BE THE EMBODIMENT OF

COMPETENCE, INTEGRITY AND INDEPENDENCE
See Constitution Art. 8, Sec. 13

RULE 1.02: A JUDGE SHOULD ADMINISTER JUSTICE IMPARTIALLY

AND WITHOUT DELAY
A judge should be objective, deciding in accordance with the law above
all things

RULE 1.03: A JUDGE SHOULD BE VIGILANT AGAINST ANY ATTEMPT

TO SUBVERT THE INDEPENDENCE OF THE JUDICIARY AND RESIST
ANY PRESSURE FROM WHATEVER SOURCE
The administration of justice should not be influenced by outside forces
lest legal rights be prejudiced

CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY OR THE APPEARANCE

OF SUCH IN ALL ACTIVITIES

RULE 2.01: A JUDGE SHOULD BEHAVE AT ALL TIMES TO PROMOTE

PUBLIC CONFIDENCE IN THE INTEGRITY OR IMPARTIALITY OF
THE JUDICIARY
The cold neutrality rule must apply, even when judge is engaging in
social activities outside the court

RULE 2.02: A JUDGE SHOULD NOT SEEK PUBLICITY FOR PERSONAL

VAINGLORY

RULE 2.03: A JUDGE SHOULD NOT ALLOW OTHER RELATIONSHIPS

TO INFLUENCE JUDICIAL CONDUCT OR JUDGMENT; THE JUDICIAL
OFFICE SHALL NOT BE USED TO ADVANCE PRIVATE INTERESTS

CANON 3: A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY,

WITH IMPARTIALITY AND DILIGENCE

(ADJUDICATIVE)

RULE 3.01: A JUDGE SHALL BE FAITHFUL TO THE LAW AND

MAINTAIN PROFESSIONAL COMPETENCE
 RULE 3.02: IN EVERY CASE, THE JUDGE SHALL ENDEAVOR
DILIGENTLY TO ASCERTAIN THE FACTS AND APPLICABLE LAW
UNSWAYED BY PARTISAN INTERESTS, PUBLIC OPINION OR FEAR
OF CRITICISM

RULE 3.03: A JUDGE SHALL MAINTAIN ORDER AND PROPER

DECORUM IN THE COURT
Fitting dignity and decorum in court to merit respect by example

RULE 3.04: A JUDGE SHOULD BE PATIENT, ATTENTIVE AND

COURTEOUS TO LAWYERS, WITNESSES AND LITIGANTS
Respect begets respect

RULE 3.05: A JUDGE SHALL DISPOSE OF THE COURTS BUSINESS

PROMPTLY AND DECIDED CASES WITHIN REQUIRED PERIODS
Art 8 sec. 15 of the Constitution lays down the ff. periods:
1. SC 24 mths
2. Collegiate courts 12 mths
3. Lower courts 3 mths

RULE 3.06: A JUDGE SHOULD PROPERLY INTERVENE IN THE

PRESENTATION OF EVIDENCE DURING TRIAL BUT SUCH SHOULD
NOT AMOUNT TO UNDUE INTERFERENCE THAT MAY PREVENT THE
ASCERTAINMENT OF TRUTH
Questioning witnesses on relevant facts is allowed if such concerns a
material point as long as it has a neutral effect on both parties

RULE 3.07: A JUDGE SHOULD ABSTAIN FROM MAKING PUBLIC

COMMENTS ON PENDING CASES ALONG WITH COURT PERSONNEL

(ADMINISTRATIVE)

RULE 3.08: A JUDGE SHOULD DILIGENTLY DISCHARGE

ADMINISTRATIVE RESPONSIBILITIES, MAINTAIN PROFESSIONAL
COMPETENCE IN COURT MANAGEMENT AND FACILITATE THE
PERFORMANCE OF ADMINISTRATIVE FUNCTIONS
Never blame the staff for administrative glitches
Take care of court records, equipment, etc.

RULE 3.09: A JUDGE SHOULD ORGANIZE AND SUPERVISE COURT

PERSONNEL TO ENSURE THE PROMPT AND EFFICIENT DISPATCH
OF BUSINESS
Efficient manner of recording and filing cases, etc.

RULE 3.10: A JUDGE SHOULD TAKE OR INITIATE APPROPRIATE

DISCIPLINARY MEASURES AGAINST LAWYERS OR COURT
PERSONNEL FOR UNPROFESSIONAL CONDUCT

RULE 3.11: A JUDGE SHOULD EXERCISE APPOINTING POWERS

STRICTLY ON THE BASIS OF MERIT AND QUALIFICATIONS

(DISQUALIFICATIONS)
 RULE 3.12: A JUDGE SHOULD TAKE NO PART IN THE PROCEEDINGS
WHEREIN HIS IMPARTIALITY MAY BE QUESTONED, INCLUDING:
a) PERSONAL KNOWLEDGE OF EVIDENTIARY FACTS
b) INTERVENTION AS LITIGANT, COUNSEL OR WITNESS
c) LOWER COURT RULING IS BEING REVIEWED
d) RELATIONSHIP BY CONSAGUINITY OR AFFINITY (LITIGANT
6 DEG; COUNSEL 4 DEG)
e) SPOUSE OR CHILD HAS FINANCIAL INTEREST/BENEFIT
IN EVERY INSTANCE, THE JUDGE SHALL STATE THE LEGAL REASON
FOR INHIBITION
Compulsory inhibition (Rule 137, sec. 1) b,c,d,e
Voluntary inhibition (Rule 137, sec. 2) judge may exercise discretion
after ascertaining WON his impartiality will be questioned

(REMITTAL OF DISQUALIFICATION)

RULE 3.13: A JUDGE, INSTEAD OF WITHDRAWING, MAY SIMPLE

DISCLOSE THE INHIBITION ON RECORD AND MAY PARTICIPATE IF
ALL PARTIES AND THEIR LAWYERS AGREE IN WRITING THAT THE
INHIBITION IS IMMATERIAL

CANON 4: A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES,

ENGAGE IN ACTIVITIES TO IMPROVE THE LAW AND THE JUSTICE SYSTEM

RULE 4.01: A JUDGE MAY, IF NOT DOUBT IS CAST UPON HIS

IMPARTIALITY,
a) TEACH, WRITE OR LECTURE ON LAW AND THE LEGAL
SYSTEM
b) APPEAR AT PUBLIC LEGISLATIVE OR EXECUTIVE HEARING
REGARDING MATTERS CONCERNING THE LAW AND THE
JUSTICE SYSTEM
c) SERVE ON ANY ORGANIZATION DEVOTED TO LEGAL
IMPROVEMENT AND DEVELOPMENT

CANON 5: A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES TO

MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES

(VOCATION AND CHARITY)

RULE 5.01: A JUDGE MAY ENGAGE IN THE FOLLOWING IF SUCH DO

NOT INTERFERE WITH HIS DUTIES
a) TEACH OR WRITE ON NON-LEGAL SUBJECTS
b) ENGAGE IN CULTURAL OR RECREATIONAL ACTIVITIES
c) PARTICIPATE IN CIVIC AND CHARITABLE ACTIVITIES
d) SERVE IN A NON-LEGAL CAPACITY IN A NON-PROFIT, NON-
POLITICAL ORGANIZATION

(FINANCIAL)
- See RA 3019 and RA 6713

RULE 5.02: A JUDGE SHALL REFRAIN FROM FINANCIAL DEALINGS

THAT WOULD INTERFERE IN HIS EXERCISE OF JUDICIAL
 FUNCTIONS AND MANAGE HIS INVESTMENTS IN A WAY THAT
MINIMIZES THE GROUNDS FOR DISQUALIFICATION

RULE 5.03: A JUDGE SHOULD MANAGE INVESTMENTS INDIRECTLY

EXCEPT AS A DIRECTOR FOR A FAMILY BUSINESS

RULE 5.04: A JUDGE AND HIS IMMEDIATE FAMILY SHOULD NOT

ACCEPT ANY CONSIDERATION FROM ANYONE EXCEPT IF ALLOWED
BY LAW

RULE 5.05: A JUDGE SHOULD NOT USE INFORMATION OBTAINED

IN JUDICIAL CAPACITY FOR NON-JUDICIAL ACTIVITIES

(FIDUCIARY)

RULE 5.06: A JUDGE CAN SERVE AS FAMILY FIDUCIARY BUT SHALL

NOT:
a) SERVE IN PROCEEDINGS BEFORE HIS OWN COURT
b) ACT CONTRARY TO 5.02 5.05

RULE 5.07: A JUDGE SHALL NOT ENGAGE IN THE PRIVATE

PRACTICE OF LAW. UNLESS PROHIBITED BY THE CONSTITUTION
OR LAW, PRACTICE OF ANY OTHER PROFESSION WITHOUT
CONFLICT WITH JUDICIAL FUNCTIONS IS ALLOWED

RULE 5.08: A JUDGE SHALL MAKE FULL FINANCIAL DISCLOSURE AS

REQUIRED BY THE LAW

RULE 5.09: A JUDGE SHALL NOT ACCEPT APPOINTMENTS OR

DESIGNATIONS TO QUASI-JUDICIAL/ ADMINISTRATIVE AGENCIES

RULE 5.10: A JUDGE IS ENTITLED TO AIR PERSONAL OPINION OF

POLITICAL QUESTIONS BUT INVOLVEMENT IN PARTISAN
POLITICAL ACTIVITY IS NOT ALLOWED
Constitution Art 9b, sec. 2(4)

VI. DISMISSAL OF JUDGES

A. GENERAL RULE: JUDGES ARE NOT LIABLE FOR ACTS DONE IN THE
EXERCISE OF JUDICIAL FUNCTIONS
- Public officials like judges enjoy the PRESUMPTION OF PROPER DISCHARGE OF
OFFICIAL DUTIES unless there is satisfactory evidence that shows the judge was
guilty of fraud, gross negligence, dishonesty, corruption or bad faith

B. JUDICIAL REMEDIES BEFORE FILING ADMINISTRATIVE CASE

- Exhaust the available judicial remedies to rectify an allegedly erroneous decision
before filing an administrative case vs. the judge

C. PROCEDURE FOR DISCIPLINE AND DISCIPLINARY ACTION

- Steps to take (impeachment or judges are penal in nature):
1. File complaint with the SC in writing, laying down the facts and the
charges vs. the judge (sworn and supported by affidavits)
 2. Respondent judge will be sent a SHOW-CAUSE notice from the SC
3. SC will dismiss charges if such are not meritorious but when the facts of
the record show liability, judge will be sanctioned (RES IPSA LOQUITUR
facts are admitted or on its face show culpability without satisfactory
explanation)
4. Quantum of evidence: BEYOND REASONABLE DOUBT

D. REINSTATEMENT
- Depends on the circumstances but the basic tenet is that HE HAD NO BAD FAITH
OR ANY RECORD OF SUCH