Legal Ethics - Lecture

1. 4- fold duties of lawyers- court, client, public, and colleagues.

2. Why is the practice of law a legal profession? Why is it a profession and not a trade, craft or business?

3. What public service (kind of public service) is being performed by lawyers? - represent, prosecute, defend, etc. –
ADMINISTRATION OF JUSTICE – main objective and purpose of the legal profession.

4. If lawyers are part of the judiciary, what are the objectives of lawyers if they represent, prosecute, defend, etc.?
ADMINISTER JUSTICE.

5. Define Legal Ethics (check book and relate to the 4- fold duties of lawyers)

 That branch of moral science which an attorney owes to the court, client, public and colleagues.

6. What are the duties of the lawyer to the Court?

 Lawyers must uphold and maintain the dignity and integrity of the Court – ex. use of language

7. How does a lawyers profess his respect to the Court?

 Use of polite language in addressing the Court and its officers.

 Use of gestures of courtesy
 Observance of proper conduct- dressing properly
 Dress code of lawyers in appearing before the court: coat and tie or barong
 Not really proper haircut- for as long as they are dressed properly
 Coming to the court prepared to avoid delay

8. How does a lawyer mislead a Court?

 By providing false statements

 In the presentation of evidence- when you fabricate evidence and evidence obtained is in violation
of the rules of confidentiality
 Using jurisprudence which has already been debunked provided that such lawyer is aware that
such jurisprudence has already been superceded.
 Quoting a dissenting opinion instead of the majority opinion.
 Quoting an excerpt not from the SCRA- EX. lawphil, chan robles, etc.

9. Duty of the Court to his client (book)

 How would you characterize this duty? – FIDUCIARY in nature lawyer- client relationship.
 Define fiduciary- there must be the existence of TRUST and CONFIDENCE that’s why their
relationship is PRIVILEGED.
 What is the rationale behind the fiduciary nature of lawyers and clients- because lawyers has to
know everything to better protect the interest of his client. The objective of that trust is to fully
defend the interest of his client. But that’s only the general rule. There are exceptions such as
collection of attorneys fees, when client discloses to lawyer that client is going to commit a crime-
if he will not disclose such knowledge, lawyer may be liable to obstruction of justice, if client allows
lawyer to disclose info about him

10. Duty of lawyers to the society (book)

  Lawyer should be a good example. If a lawyer will do an act of justice, the integrity of the judicial
system will be tainted. If lawyers will take the rule of law into their own hands, there will be no
due process- chaos.

11. Duty of lawyers to his colleagues (book)

 Lawyers should not encroach on the practice of another. EX. meddling into the practice of another
lawyer by (EX. There is a client who consulted the first lawyer, after consultation, she wants to
have a second opinion from a different lawyer to hear what she wants to hear. If you are the
second lawyer, you shouldn’t take the client who is already represented by another lawyer. You
are not supposed to undermine the legal action that the former lawyer has done. This is done for
ethical considerations.)
 Another example of encroaching with the end- view of stealing a client (when you make sulot of a
client): HOW: when you false advertise that he will absolutely win the case because it is unethical
to make that representation- what the lawyer should do is to promise to the best and defend the
case within the bounds of law. A lawyer that promises a 100- percent success of the case will be
under pressure to do ANYTHING to win the case- including extra judicial means such as corruption
or bribery. Never make a representation that will give the client the impression that he will never
lose the case.
 EX. If you’re negotiating with your counterpart, make sure that you are truthful, honest,
transparent, and good faith so that you won’t compromise your relationship with the other lawyer
since there is a good chance that you might meet him or negotiate with him again. Establish a good
relationship so that it will be easier to deal with him again in the future.
 Be truthful with your reasons when you’re asking to transfer to another date hearings, etc. EX.
LBM

12. Power to regulate the practice of law

 Why is there a need to regulate the practice of law? Because the practice of law is not a right. It is
imbued with public interest and that is why it must be regulated.
 The Supreme Court has the power to regulate the practice of law- up to what extent? Define the
practice of law, provide for qualifications to be admitted to the practice of law, to impose
appropriate disciplinary actions such as disbarment, suspension, contempt, etc., subjects of bar
exam, to exercise judicial clemency,
 Is there a difference between a warning and reprimand? (search)
Reprimand is also an action that the SC may impose to a lawyer. When you reprimand,
you castigate. In warning, usually the SC will give a warning to a respondent and tell that the
repetition of such offense will be dealt with a heavier punishment. A warning is not a penalty. A
reprimand is.

13. Define a lawyer (book) (right of a lawyer to appear, right of a lawyer to prosecute)

 Refers to a class of persons who are by license empowered by law to appear, prosecute, defend,
and uphold the peculiar duties of the law and its consequences. One who passed the bar exam,
taken his oath, has signed in the roll of attorneys.
 Where does a lawyer appear? In the court (regular courts and administrative tribunals with
quasi- judicial functions such as NLRC- arbitration branch in re labor cases. They are not governed
 by the Rules of Court because they have their own rules. But in some instances, the Rules of
Court may be applied in suppletory character.
 COMELEC
 Where do you file a complaint against a lawyer who has just committed an irregularity?
In the IBP. If CA, Court of Tax Appeals or Sandiganbayan lawyers – then SC. If regular
lawyers, IBP.
 DOJ, People’s Law Enforcement Board (PLEB), NAPOLCOM, Office of the President-
admin bodies performing quasi- judicial functions
 What do you mean when you are prosecuting a case?
 Civil VS. Criminal (Bautista (plaintiff) VS. Lopez (defendant) ) (PP
(plaintiff) VS. Manalo (accused) )
 If administrative (complainant VS. respondent)
 If petition (petitioner VS. respondent)
 You prosecute the cause of action of your client.
 In criminal cases, one prosecutes a criminal case by first filing to an
investigative body – CUSTODIAL INVESTIGATION- You are zeroing it on a
particular suspect and the rights of the suspect during custodial
investigation has already been applied and those rights are the right to
counsel, admission of evidence, etc. (Miranda rights)
 When do you say that the investigation being conducted is custodial in
nature?
 During custodial investigation, lawyers do not execute prosecution powers yet
because it is still an investigation and one who can conduct custodial
investigation are police authorities. Usually, it happens when one is arrested, in
those instances where there is warrantless arrest. If someone is arrested in
virtue of a warrant, there must be a complaint first before the office of the
prosecutor or fiscal, then such fiscal will do the necessary acts such as
preliminary investigation and determine if there is probable cause. If there is,
that’s the time that an information will be filed and the accused or respondent
will be invited by the Court. During custodial investigation, it means that there is
no case yet. The duty of the lawyer to prosecute does not yet come in. Initially,
if there is a case filed by the office of the prosecutor- private complainant will be
the complainant. But once there is a probable cause, the private complainant is
considered as a witness on the part of the state.
 Can private complainant ask the assistance of a private prosecutor? YES. In
instances of when the offense that the accused is charged with has a civil aspect
such as estafa, physical injuries, etc. Under Art. 100 of RPC, one who is criminally
liable is likewise civilly liable.
 Offenses which do not have civil aspect- treason, sedition, rebellion, violation of
traffic rules and regulations, violation of law on drugs, illegal possession of
firearms. The complainant in all of these cases must be assisted only by a PUBLIC
PROSECUTOR because there is no civil aspect. If the public prosecutor is not
around, even if all the parties are present- including the judge, the case will NOT
proceed EXCEPT if there is authority from the public prosecutor.

14. Lawyer’s right to defend

  Civil case- right to defend plaintiff or defendant
 Who can represent the accused in criminal cases?
 Counsel de officio- counsels (lawyers from PAO or in the absence thereof, any
lawyer) appointed by court in case accused is indigent- this is something
mandatory, it cannot be waived
 Counsel de parte- a client or accused in a criminal case who is not an indigent
 If a party- litigant is an indigent and there is a lawyer who was assigned to be a counsel de officio to that
indigent, can such lawyer refuse his appointment? NO. As a general rule, he cannot refuse for as long as an
accused is an indigent. An exception would be is if there is a conflict of interest. EX. magkamagaanak.
 Under Rule 138, a lawyer cannot refuse to represent an accused in a criminal case regardless of his personal
opinion in the case.

15. What are the duties and responsibilities which a lawyer must comply with in order to keep himself in goof and
regular standing? This has something to do with the nature of the practice of law and not a matter of right- just
because you passed the bar examinations. It is only a privilege or a franchise granted by the State. This privilege can
be withdrawn by the State through the SC- if it does not comply with those duties and responsibilities.

 BOOK
 Most important duty in order to keep himself in good standing- to keep himself updated with the latest
legal developments, he should take up MCLE. Once you have completed the required number of units, you
will be assigned with a compliance number.
 Observing the provisions of Code of Professional Responsibility
 Financial obligation on the part of the lawyer in order to be in good, regular standing- pay annual IBP dues.
The IBP number represents the official receipt issued by the IBP in order to prove that you have duly paid
for your annual IBP dues. If you are not compliant to this, you cannot continue with the practice of your
profession.

16. Nature of the office of a lawyer

 A lawyer is an agent in the administration of justice (so although no exact appointment in the government,
he is implied to be part of it) and the practice of legal profession is vested with public interest. Therefore,
its nature is quasi- judicial or quasi- public. He is a quasi- public officer.
 Under Rule 138, Section 20- enumeration of specific duties of a lawyer as distinguished from the 4- fold
duties of a lawyer:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses
only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent
with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his client's business except from him or with his
knowledge and approval;
 (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of
a party or witness, unless required by the justice of the cause with which he is charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay
any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.

 What are the privileges of a lawyer on account of his quasi- public nature: (BOOK)
1.) right of a lawyer to appear or attend in the representation of a client
2.) presumption of regularity in the performance of his judicial function- so they may not be
criminally prosecuted – so he may not be charged with libel or oral defamation because there is a
presumption that what he indicated there is essential to the case (in general), there are exceptions: if it is
found that such statements are unnecessary for the progress of the case- here, he may be charged with
contempt or PERJURY.
3.) civil service positions (book)