Professional Documents
Culture Documents
Ethics - Dean
Ethics - Dean
d) Attorney-client relationship
– Where no such relationship exists,
LEGAL ETHICS such as in cases of teaching law or
writing law books or articles, there is
no practice of law. (Justice Padilla’s
PRACTICE OF LAW dissent, Ibid.)
Rule 138
Nature of the Practice of Law
The practice of law is any activity, in or out
of court, which requires the application of
law, legal procedure, knowledge, training Privilege
and experience. It is to give notice or render
any kind of service, which device or service It is so delicately affected with public
requires the use in any degree of legal interest that it is both the power and duty of
knowledge or skill. (Cayetano v. Monsod, the state (through the Supreme Court) to
G.R. No. 100113, Sept. 3, 1991) control and regulate it in order to promote
and protect the public welfare. (Petition for
Question: leave to resume practice of law, Benjamin
Dacanay, B.M. No. 1678, December 17,
What are the factors to consider in 2007)
determining whether there is practice of law:
However, it becomes a MATTER OF
RIGHT once a person is admitted to the
Answer: practice of law. Valid reason must exist
before a lawyer may be prevented from
a) Habituality practicing law and he can only be deprived
Practice of law implies customarily of such right for misconduct duly
or habitually holding one's self out to ascertained and after due process has been
the public as a lawyer. It is more afforded to him.
than an isolated appearance.
The practice of law is a privilege bestowed
b) Application of law, legal only to those who are morally fit. A bar
principles, practice or procedure candidate who is morally unfit cannot
– It calls for legal knowledge, practice law even if he passes the bar
training and experience. examinations.
(Aguirre v. Rana, B. M. No. 1036. June 10,
c) Compensation 2003)
– Practice of law implies that one
must have presented himself to be in Membership in the legal profession is a
the active and continued practice of privilege demanding a high degree of good
the legal profession and that his moral character, not only as a condition
professional services are available to precedent to admission, but also as a
the public for compensation. continuing requirement for the practice of
law. (Wilkie v. Limos, A.C. No. 7505,
October 24, 2008)
LEGAL ETHICS 1
______________________________________________________________________________
LEGAL ETHICS 2
______________________________________________________________________________
LEGAL ETHICS 3
______________________________________________________________________________
sign the Roll of Attorneys on May 24, the Roll of Attorneys that finally makes
2001 but he misplaced the Notice to one a full-fledged lawyer. The fact that
Sign the Roll of Attorneys on May 24, respondent passed the bar examinations
2001 but he misplaced the Notice to is immaterial. Passing the bar is not the
Sign the Roll of Attorneys sent by the only qualification to become an
Office of the Bar Confidant after he attorney-at-law. Respondent should
went home to the province for a know that two essential requisites for
vacation. Since taking his oath in 2001, becoming a lawyer still had to be
Casper had been employed by several performed, namely: his lawyers oath to
law firms and private corporations, be administered by this Court and his
mainly doing corporate and taxation signature in the Roll of Attorneys.”
work. When attending a seminar as part
of his mandatory continuing legal Casper may be held liable for the
education in 2003, Casper was unable to unauthorized practice of law under
provide his roll number. Seven years Canon 9 of the CPR. In the case Petition
later in 2010, Casper filed a Petition to Sign in the Roll of Attorneys, 706
praying that he be allowed to sign the SCRA 264 (2013) the Supreme Court
Roll of Attorneys. Casper alleged good held: “While a reading of Canon 9,
faith, initially believing that he had Code of Professional Responsibility
already signed the Roll before entering appears to merely prohibit lawyers from
PICC for his oath-taking on March 19, assisting in the unauthorized practice of
2001. law, the unauthorized practice of law by
the lawyer himself is subsumed under
a) Can Casper already be considered a this provision, because at the heart of
member of the Bar and be allowed to Canon 9 is the lawyer’s duty to prevent
use the title of “attorney”? Explain (1%) the unauthorized practice of law.”
LEGAL ETHICS 4
______________________________________________________________________________
LEGAL ETHICS 5
______________________________________________________________________________
LEGAL ETHICS 6
______________________________________________________________________________
LEGAL ETHICS 7
______________________________________________________________________________
LEGAL ETHICS 8
______________________________________________________________________________
d) They shall not use property and mental reservation or purpose of evasion.
personnel of the Government, except So help me God.”
when the Sanggunian member
concerned is defending the interests
of the government. (R.A. 7160, A flagrant breach of ethical
Local Government Code) commitments under the Lawyer’s Oath not
to delay any man for money or malice is
shown by the violations of the law against
bribery and corruption. (Chu v. Atty. Guico,
Lawyers Oath Jr., A.C. No. 10573, January 13, 2015)
Answer:
A lawyer shall uphold the
“I _________ of _________ do Constitution, obey the laws of the land and
solemnly swear that I will maintain promote respect for law and legal process.
allegiance to the Republic of the (Canon 1, CPR)
Philippines; I will support its
A lawyer shall not engage in
Constitution and obey laws as well as the
legal orders of the duly constituted unlawful, dishonest, immoral or deceitful
authorities therein; I will do no conduct. (Rule 1.01, Canon 1, CPR)
falsehood, nor consent to the doing of
When a lawyer included in his
any court; I will not wittingly nor
shingle the phrases “Specialist in Small
willingly promote or sue any groundless,
Claims” and “Fastest in Notarization,” he
false or unlawful suit, or give aid nor
consent to the same; I will delay no man has transgressed the rule that a lawyer in
for money or malice, and will conduct making known his legal services shall use
myself as a lawyer according to the best only dignified information or statement of
of my knowledge and discretion with all facts. (2013 Bar)
good fidelity as well to the courts as to
Immorality connotes conduct that
my clients; and I impose upon myself this
voluntary obligations without any shows indifference to the moral norms of
society. For such conduct to warrant
LEGAL ETHICS 9
______________________________________________________________________________
LEGAL ETHICS 10
______________________________________________________________________________
and support the activities of the Integrated paper, the language or the argument of
Bar. opposing counsel, or the text of a decision or
(Canon 7, CPR) authority, or knowingly cite as law a
provision already rendered inoperative by
Question: repeal or amendment, or assert as fact that
What are the general objectives of the IBP: which has not been proved. (Rule 10.02 ) To
cite as an argument one of the parties as a
Answer: ratio decidendi of a Supreme Court decision
a) To elevate the standards of the legal shows, at least a lack of diligence on the part
profession; of the lawyer. (COMELEC v. Noynay, 292
b) To improve the administration of justice; SCRA 254 [1998])
c) To enable the bar to discharge its public
responsibility more effectively.
Upholding the Dignity and Integrity of
the Profession
Membership and Dues
A lawyer shall at all times uphold the
Every member of the IBP shall pay
integrity and dignity of the legal profession
such annual dues as the Board of Governors
shall determine with the approval of the and support the activities of the Integrated
Supreme Court. Bar. (Canon 7, CPR)
LEGAL ETHICS 11
______________________________________________________________________________
professional colleagues, and shall avoid seeking relief against unfaithful or
harassing tactics against opposing counsel. neglectful counsel.
(Canon 8, CPR) (Rule 8.02, Canon 8, CPR)
LEGAL ETHICS 12
______________________________________________________________________________
adverse judgment. (Eco v. Rodriguez,
G.R. No. L-16731, March 30, 1960); To the Courts
b) The examination of witnesses or the
presentation of evidence. (Robinson v. Candor, fairness, and Good faith
Villafuerte, G.R. No. L-5346, January 3, towards the courts
1911)
The following are the acts that MAY BE A lawyer owes candor, fairness and
DELEGATED TO NON-LAWYERS: good faith to the court. (Canon 10, CPR)
a) The examination of case law; NOTES:
b) Finding and interviewing witnesses;
c) Examining court records; and a) A lawyer is, first and foremost, an
d) Delivering papers and similar matters. officer of the court. Accordingly,
should there be a conflict between his
** GENERAL RULE: duty to his client and that to the court,
A lawyer shall not divide or stipulate he should resolve the conflict against
to divide a fee for legal services with the former and in favor of the latter,
persons not licensed to practice law. his primary responsibility being to
uphold the cause of justice. (Cobb
** EXCEPTIONS: Perez v. Lantin, G.R. No. L-22320,
a) Where there is a pre-existing agreement July 29, 1968)
with a partner or associate that, upon the b) Candor in all of the lawyer’s dealings
latter’s death, money shall be paid over a is the very essence of honorable
reasonable period of time to his estate or membership in the legal profession.
to persons specified in the agreement; or c) (Cuaresma v. Daquis, G.R. No.
b) Where a lawyer undertakes to complete 35113, March 25, 1975)
unfinished legal business of a deceased d) A lawyer’s conduct before the court
lawyer; or should be characterized by candor
c) Where a lawyer or law firm includes and fairness. The administration of
non-lawyer employees in a retirement justice would gravely suffer if
plan, even if the plan is based in whole lawyers do not act with complete
or in part, on a profitable sharing candor and honesty before the courts.
arrangement. (Serena v. Sandiganbayan, G.R. No.
(Rule 9.02, Canon, CPR) 162059, January 22, 2008)
NOTE:
An agreement between a union A lawyer shall not do any falsehood,
lawyer and a layman president of the nor consent to the doing of any in court; nor
union to divide equally the attorney’s shall he mislead, or allow the court to be
fees that may be awarded in a labor case misled by any artifice. (Rule 10.01, Canon
violates this rule, and is illegal and 10, CPR)
immoral. (Amalgamated Laborers Assoc.
v. CIR, G.R. No. L-23467, March 27, A lawyer shall not knowingly
1968) misquote or misrepresent the contents of a
LEGAL ETHICS 13
______________________________________________________________________________
paper, the language or the argument of
opposing counsel, or the text of a decision or Respect to the Courts and Judicial
authority, or knowingly cite as law a Officers
provision already rendered inoperative by
repeal or amendment, or assert as a fact that
A lawyer shall observe and maintain
which has not been proved. (Rule 10.02,
the respect due to the courts and to judicial
Canon 10, CPR)
officers and should insist on similar conduct
by others. (Canon 11, CPR)
NOTE:
A lawyer who deliberately made
it appear that the quotations in his motion NOTES:
for reconsiderations were findings of the
Supreme Court, when they were just part All lawyers are expected to
of the memorandum of the Court recognize the authority of the Supreme
Administrator, and who misspelled the Court and obey its lawful processes and
name of the complainant and made the orders. Despite errors which one may
wrong citation of authority is guilty of impute on the orders of the Court, these
violation of this rule. (COMELEC v. must be respected, especially by the bar
Noynay, G.R. No. 132365, July 9, 1998) or the lawyers who are themselves
officers of the courts. (Yap-Paras v. Atty.
Paras, A.C. No. 4947, June 7, 2007)
A lawyer shall observe the rules of
procedure and shall not misuse them to Liberally imputing sinister and
defeat the ends of justice. (Rule 10.03, devious motives and questioning the
Canon 10, CPR) impartiality, integrity and authority of the
members of the Court result in the
obstruction and perversion of the
NOTE:
dispensation of justice. (Estrada v.
Filing multiple actions constitutes
Sandiganbayan, G.R. No. 159486-88,
an abuse of the court’s processes. Those
November 2000)
who file multiple or repetitive actions
subject themselves to disciplinary action Bar Question 2015
for incompetence or willful violation of
their duties as attorneys to act with good XVI
fidelity to the courts, and to maintain
only such actions that appear to be just Atty. Luna Tek maintains an account in
and consistent with truth and honor. the social media network called Twitter
(Olivares v. Villalon, A.C. No. 6323, and has 1,000 followers there, including
[2007]) fellow lawyers and some clients. Her
Twitter account is public so even her
non-followers could see and read her
posts, which are called tweets. She
oftentimes takes to Twitter to vent about
LEGAL ETHICS 14
______________________________________________________________________________
a. Does Atty. Luna Tek act in a manner The filing of another action
consistent with the Code of Professional concerning the same subject matter, in
Responsibility? Explain the reasons for violation of the doctrine of res judicata,
your answer. (3%) runs contrary to this Canon. (Lim v.
Montano, A.C. No. 5653, February 27,
Answer: 2006)
Atty. Luna Tek acted contrary to mandate While lawyers owe their entire
of the CPR, Canon 11 stating “A lawyer devotion to the interest of the client and
shall observe and maintain the respect zeal in the defense of their client’s right,
due to the courts and to judicial officers they are also officers of the court, bound
and should insist on similar conduct by to exert every effort to assist in the
others. speedy and efficient administration of
justice. They should not misuse the rules
b. Describe the relationship between a of procedure to defeat the ends of justice
lawyer and the courts. (3%) or unduly delay a case, impede the
execution of a judgment or misuse court
Answer: processes. The facts and the law should
advise them that a case such as this
A lawyer is an officer of the Courts. As should not be permitted to be filed to
such a lawyer owes candor, fairness and merely clutter the already congested
good faith to the court. (Canon 10) judicial dockets. They do not advance the
LEGAL ETHICS 15
______________________________________________________________________________
b) When he institutes two or more actions
or proceedings grounded on the same
cause of law or their clients by cause, on the gamble that one or the
commencing litigations that for sheer other court would make a favorable
lack of merit do not deserve the attention disposition;
of the courts. (Eternal Gardens Memorial
Park Corp. v. CA, G.R. No. 123698, c) Filing a second suit in a court without
August 5, 1998) jurisdiction. (New Pangasinan Review,
Inc. v. NLRC, 196 SCRA 55 [1991]);
The duty of a lawyer to assist in
the speedy and efficient administration of d) Filing an action in court while the same
justice includes the duty to refrain from cause of action is still pending in an
talking to his witness during a break or administrative proceeding. (Earth
recess in the trial while the witness is still Minerals Exploration, Inc. v. Macaraig,
under examination. (Rule 12. 05, Canon 194 SCRA 1 [1991]); and
12, CPR)
e) When counsel omits to disclose the
The dilatory tactics of the defense pendency of an appeal, in filing a
counsel and the failure of both the judge certiorari case. (Collado v. Hernando,
and the fiscal to take effective counter 161 SCRA 639 [1988])
measures to obviate the delaying acts
constitute obstruction of justice. (People Reliance on the merits of his cause and
v. Jardin, G.R. Nos. L-33037-42, Aug. avoidance of any impropriety which
17, 1983) tends to Influence or gives the
appearance of influence upon the
Forum Shopping courts
There is forum shopping when a A lawyer shall rely upon the merits
party repetitively avails of several judicial of his cause and refrain from any
remedies in different courts or successively impropriety which tends to influence, or
All substantially founded on the same gives the appearance of influencing the
transactions and the same essential facts and court. (Canon 13, CPR)
circumstances and all raising substantially
the same issues either pending in or already A lawyer shall not extend
involved adversity by some other court. extraordinary attention or hospitality to, nor
(Sotto v. Palicte, G.R. No. 159691, February seek opportunity for cultivating familiarity
17, 2014) with Judges. (Rule 13.01, Canon 13, CPR)
LEGAL ETHICS 16
______________________________________________________________________________
LEGAL ETHICS 17
______________________________________________________________________________
LEGAL ETHICS 18
______________________________________________________________________________
LEGAL ETHICS 19
______________________________________________________________________________
LEGAL ETHICS 20
______________________________________________________________________________
LEGAL ETHICS 21
______________________________________________________________________________
LEGAL ETHICS 22
______________________________________________________________________________
LEGAL ETHICS 23