CHAPTER 2

The 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.
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.
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 scandalous manner to the discredit of the legal
profession.

MEMORY AID FOR RULES UNDER CANON 7:

o No False Statement (Rule 7.01)
o Not to Support Unqualified Bar Applicant (Rule 7.02)
o No Conduct Adversely Affecting the Profession (Rule 7.03)

EXAMPLES:

• The basic postulate of the IBP is that it is non-political in character and that there shall be neither
lobbying nor campaigning in the choice of the IBP Officers. The spectacle of lawyers bribing or being
bribed to vote did not uphold the honour of the profession nor elevate it in the public’s esteem. (In Re:
Election of the IBP, 178 SCRA 398 (1989))

FACTS: 

The newly-elected officers of the IBP were set to take their oath of office on July 4, 1989 before the
members of the Supreme Court en banc but it was disturbed by the widespread reports received by the
members of the Court about the intensive electioneering and overspending of the candidates Atty.
Nereo Paculdo, Atty. Ramon Nisce and Atty. Violeta C. Drilon.

HELD

The Supreme Court resolved to suspend the oath-taking and formed a committee to conduct the inquiry
regarding this matter. At the formal investigation, the violations that were established were the
prohibited campaigning and solicitation of votes, the use of PNB plane during the campaign formation of
tickets and single slates, giving free transportation to the delegates, giving free hotel accommodations,
food, drinks and entertainment to the delegates, campaigning by labor officials for Atty. Violeta Drilon,
paying dues or other indebtedness of the other lawyers. These activities constitute violation the idea of
the “strictly non-political” characteristic Integrated Bar which is enshrined in Section 4 of the IBP By-
Laws.
• More than just paying IBP Membership dues, a lawyer should help achieve objectives and purposes of
the IBP, i.e.,
• Assist in the administration of justice;
• foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct;
• safeguard the professional interests of its members;
• cultivate among its members a spirit of cordiality and brotherhood;
• provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure
and the relations of the bar thereto; encourage and foster legal education;
• promote a continuing program of legal research in substantive and adjective law, and make reports
and recommendations thereon. (Agabin)
• The act of downloading the test questions from the bar examiner’s PC without the latter’s knowledge
and permission was a criminal act of larceny. By transmitting and distributing the stolen questions to his
fraternity brothers, he had given them undue advantage over the other bar takers. (Re: 2003 Bar
Examinations, 421 SCRA 703 (2004))
• Re: Payment of IBP Dues: The integration of the Phil. Bar means the unification of the entire lawyer
population requiring membership and financial support of every attorney as condition sine qua non to
the practice of law and the retention of his name in the Roll of Attorneys of the SC. Bar integration does
not compel the lawyer to associate. The only compulsion is the payment of annual dues which, the SC, in
order to foster the State’s legitimate interest in elevating the quality of professional legal services, may
require to be shared by all the subjects and beneficiaries – the lawyers. The fee is a regulatory measure
not barred by the Constitution. The only limitation is that the regulation should not impose an
unconstitutional burden. The public interest far outweighs the slight inconvenience to a member. The
compulsory nature of payment of dues subsists for as long as one’s membership in the IBP remains,
regardless of the extent of practice of a lawyer. (Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005))

I. 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.

• Observance of the duties and responsibilities of a lawyer begins even as a law student. A student’s
failure to live up to them may be a ground for SC to refuse admission to practice or for disbarment
should SC learn later on about his/her transgressions. (Agpalo)

II. 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.

• A lawyer should not readily execute an affidavit of good moral character in favor of an applicant who
has not live up to the standard set by law. He should volunteer information or cooperate in any
investigation concerning alleged anomaly in the bar examination. This is to help guard the profession
from candidates who are unfit or unqualified. He should expose without fear or favor before the SC
corrupt or dishonest conduct in the profession and should not hesitate to accept professional
employment against a lawyer who has wronged his client. (Agpalo)

III. 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 scandalous manner to the discredit of the legal
profession.

• In a disbarment proceeding, it is immaterial that the complainant is aware of his marital status or that
he was not caught in pari delicto because this is not a proceeding to grant relief to the complainant but
one to purge the law profession of unworthy members, to protect the public and the court. Possession
of good moral character is not only a condition precedent to admission to the legal profession, but its
continued possession is essential to maintain one’s good standing in the profession. (Zaguirre v. Castillo,
398 SCRA 659 (2003))
FACTS:
Zaguirre and Castillo were officemates at the NBI. Zaguirre said that Castillo represented himself to be
single, courted her and promised her marriage. Soon they had intimate relations and Zaguirre became
pregnant. During their affair, Castillo was preparing for the bar exam which he passed. Only after Castillo
was admitted to the Bar did Zaguirre learn that he was married. She presented an affidavit executed by
Castillo, who by now is a lawyer admitting his relationship with her and recognizing the baby she was
carrying as his. However, when she gave birth, Castillo refused to recognize the child and to give her any
form of support. Castillo denied all her allegations and said that what transpired between them was
nothing but mutual lust and desire. He admitted that he executed the affidavit but explained that he
only did so to save Zaguirre from embarrassment. He sought understanding from the court by pointing
out that “men by nature are polygamous.”

HELD
The SC indefinitely suspended him from the practice of law for gross immoral conduct.

CANON 8 – A lawyer shall conduct himself with courtesy, fairness and candor toward his professional
colleagues, and shall avoid harassing tactics against opposing counsel

Rule 8.01 – A lawyer shall not, in his professional dealings, use language, which is abusive, offensive or
otherwise improper
The fact that one of the lawyers conducts him/herself improperly does not relieve the other from
professional obligation in his relation with him/her.

Example:
Atty A, B and C are in the defense side. A got irritated and scolded the witness of the prosecution while
in court. B and C are also liable and should have reprimanded their co-counsel A.
Any undue ill-feeling between clients should not influence counsels in their conduct and demeanor
toward each other. While lawyers owe entire devotion to the interest of their clients, their office does
not permit violation of the laws or any manner of fraud or chicanery.

Example:

Atty A is the counsel of B while Atty C is the counsel of D. When in mediation, B punched D because of
uncontrolled emotions. A has the responsibility to stop B or shall reprimand the latter for hitting D.

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 fear of favor; to give proper advice and
assistance to those seeking relief against unfaithful or neglectful counsel

A lawyer should not steal the other lawyer’s client nor induce the latter to retain him by promise of
better service, good result or reduced fees for his services. Neither should he disparage another, make
comparisons or publicize his talent as a means to further his law practice.
Example:
Atty A is the counsel of B. Atty C is a friend of B but not his legal counsel of any cases. C induced B to
replace A and choose him instead because B promises C that he can finish the case in just 2 hearings.
He may accept employment to handle a matter previously handled by another lawyer, provided that the
other lawyer has been given notice of termination of service. Without such notice, he shall only appear
once he has obtained conformity or has, at the very least, given sufficient notice of contemplated
substitution. A lawyer’s appearance in the case without notice to the first lawyer amounts to an
improper encroachment upon the professional employment of the original counsel.
A lawyer should not, in the absence of the adverse party’s counsel, interview the adverse party and
question him as to the facts of the case even if the adverse party was willing to do so. Neither should he
sanction the attempt of his client to settle a litigated matter with the adverse party without the consent
nor knowledge of the latter’s counsel.
Example:
After the hearing at the Hall of Justice, A, the lawyer of B left immediately. C, the adverse party’s lawyer,
approached B and asked matters related to the case when A was already gone.
A client’s proffer of assistance of additional counsel should not be regarded as evidence of want of
nd
confidence but the matter should be left to the determination of the client. The 2 lawyer should
st st
communicate with the 1 before making an appearance. Should the 1 lawyer object, he should
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decline association but if the 1 lawyer is relieved, he may come into the case
When there is conflict of opinions between two lawyers jointly associated in a case, the client should
decide. The decision should be accepted unless the nature of the difference makes it impracticable for
the lawyer whose judgment has been overruled to cooperate effectively. In this event, it is his/her duty
to ask client to relieve him/her.
Example:
Lawyers A and B are counsels of C, a landlord, who seeks advice in lease of contracts. Lawyer A
suggested to allow subcontracting of lease so that C can get more tenants. B opposed A’s suggestion
because of future disagreements between C and his tenants. If C choses B’s suggestion, A shall respect.
Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the Bar in good standing.

Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed
to practice law, except:

1. there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or

2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or

3. 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 arrangement.

MEMORY AID FOR RULES UNDER CANON 9:

o Not to Delegate Work (Rule 9.01)

o Not to Divide Legal Fees (Rule 9.02)

EXAMPLES:

• Rana’s having passed the bar and taking the oath does not make him a lawyer. It is the signing in the
Roll of Attorneys that finally makes one a full-fledged lawyer. (Aguirre v. Rana, 403 SCRA 342 (2003))

FACTS:

Edwin Rana passed the 2000 Bar Examinations but was denied admission after it was found that he
appeared as counsel for a candidate in the May 2001 elections before the Municipal Board of Election
Canvassers of Mandaon, Masbate where he even filed a pleading representing himself as “counsel for
and in behalf of Vice Mayoralty candidate George Bunan.” All these he did before signing the roll of
attorneys.

• Private practice does not pertain to an isolated court appearance; rather, it contemplates a succession
of acts of the same nature habitually or customarily holding one’s self to the public as a lawyer. It is
evident that the isolated appearances as pro bono counsel do not constitute the “private practice” of
the law profession contemplated by law. Nonetheless, though his appearances do not amount to private
practice, he still failed to obtain a written permission from the head of the Department as required by
the Revised Civil Service Rules (No officer or employee shall engage directly in any private business,
vocation or profession...). (OCA v. Ladanga, 350 SCRA 326 (2001))

FACTS:

The SC sternly reprimanded Atty. Ladaga, Branch Clerk of Court the RTC of Makati, for practicing law
without prior permission when he appeared as pro bono counsel for his cousin. Atty. Ladaga had
actually requested the Court Administrator for authority to appear but nonetheless appeared before
authorization could be given.

• A person not admitted to the bar may not hold himself out to the public as engaged in the practice of
law, either alone or as associated with a practicing attorney under a firm name. (US v. Ney (1907))

• The title of “attorney” is reserved to those who, having obtained the necessary degree in the study of
law and successfully taken the Bar Examinations, have been admitted to the IBP and remain members
thereof in good standing, and it is they only who are authorized to practice law in this jurisdiction. (Alawi
v. Alauya (1997))

FACTS: Alauya, a member of the Shari’a Bar used the title of “attorney”.
I. Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the Bar in good standing.

• Can employ secretaries, investigators, detectives, researches as long as they are not involved in the
practice of law (e.g., not “writing” pleadings, appearing in court, etc.) (Agpalo)

•May a lawyer delegate a case to another lawyer within the same firm? If a client has specified the
services of one particular attorney, then the case may not be delegated. Otherwise, it may be delegated.
(J. Jardeleza)

II. Rule 9.02. A lawyer shall not divide or 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 associate that, upon the latter’s death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or

b. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or

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 arrangement.

• The first two exceptions to the rule represent compensation for legal service rendered by the
deceased lawyer during his lifetime, which is paid to his estate or heirs. The third exception to the rule
does not involve, strictly speaking, a division of legal fees with non-lawyer employees. The retirement
benefits in the form of pension represent additional deferred wages or compensation for past services
of the employees (Agpalo)