Updates in Legal Ethics

IBP, January 18, 2007

I. Prefatory Remarks:
A. Legal Ethics, defined
B. Morality as the Basis of Legal Ethics
C. Four-fold Duties of a Lawyer

I. Sources:
 The Lawyer’s Oath
 Code of Professional Responsibility;
 Rules of Court;
 Court Decisions /Jurisprudence;
 Constitution;
 Legislation
 Treatises of Legal Luminaries

III. Duties of the Lawyer to Society:

 Canons of Professional Responsibility: Canons 1 to 6
 Recent Jurisprudence:
i. Franklin and Lourdes Olbes vs. Atty. Victor
Deciembre, AC-5365, April 27, 2005
ii.
IV. Duties of the Lawyer to the Legal Profession:
 Canons of Professional Responsibility: Canon 7 to 9
 Recent Jurisprudence:

V. Duties of the Lawyer to the Courts:

 Canons of Professional Responsibility: Canon 10 to 13
 Recent Jurisprudence

VI. Duties of the Lawyer to his Client:

 Canons Of Professional Responsibility: Canon 14 to 22
 Recent Jurisprudence

Updates in Legal Ethics

IBP, Baguio-Benguet Chapter

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January 18, 2006

The legal profession is one of the noblest professions because “justice is the
greatest interest of man on earth”, respect for truth and justice is one of
man’s highest moral virtues.

Legal Ethics is:

a) a branch of moral law
b) which treats of the duties
c) that an attorney-at law owes:
1. to his client
2. to the court
3. to the BAR and
4. to the public

Importance of Legal Ethics?

The highest moral and ethical standards in law profession should be
maintained so that the people will continue to repose their trust in lawyers and
in the role they play in the administration of justice, consequently, the continued
existence of the law profession is ensured.
In cases wherein there is doubt as to whether an act to be performed by
a lawyer is or is not in consonance with the precepts of professional ethics,
what attitude should the lawyers take?
Ethics like law is founded on morality. The acts of lawyers should not only
be bounded by law but also by ethical and moral standards. While an act may
strictly be legal it might not be moral or ethical.
Lawyers must always act with the highest degree of morality if they are to
retain the people’s trust.

The maxim: “Non omne quod licet honestum est” (Not everything legal is
moral) should find application when evaluating the propriety of a lawyer’s act both
in or out of the profession. The strictest interpretation of ethical standards should
be the guiding stars of lawyers in their day to day conduct, whether in the practice
of their profession or in their private affairs.

Thus, in case of doubt whether an act is ethical or not, the lawyer should
adopt the most stringent interpretation and consider the act as unethical.

Sources of Legal Ethics:

1. Court decisions:
Decisions of the Supreme Court and sometimes the Court of Appeals,
are fertile sources of rules in ethics. However, only decisions of the Supreme Court
are doctrinal.

2. Code of Professional Responsibility: (CPR)

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 - drafted by the Committee on Responsibility, Discipline and
Disbarment of the IBP, promulgated by Supreme Court of the
Philippines on June 21, 1988.

Note: SC did not categorically declare that Canons of Professional

Responsibility superseded the Canons of Professional Ethics, it is submitted
that the Canons of Professional Ethics now merely have suppletory
application.
In cases where the Canons of Professional Ethics collide directly with the
Canons of Professional Responsibility, the latter will prevail.
Code of Professional Responsibility applies also to lawyers in government
service (Canon 6, CPR)

3. Canons of Professional Ethics – source of legal ethics:

- adopted by American Bar association – 1908
- adopted by Phil. Bar Association – both 1957
 Constitution and 1946 Revised Constitution

Note: Even with the promulgation of the C P.R. – the SC still makes
reference to the Canons of Professional Ethics when resolving disciplinary
action cases against lawyers or judges.

“While CPE do not have the effect of statutes, those adopted by the bar
associations are binding on all lawyers.
- they derive their force not from their approval by the associations
(IBP) but from the fact that they are statements of principles and
rules accepted and applied by the courts in proper cases.”

Note: on the other hand, the Code of Professional Responsibility

being an issuance by Supreme Court is binding upon lawyers and courts.
4. Legislation;

5. Treatises

The practice of law is imbued with public interest, it is for this reason
that it is considered a profession and not a mere trade or business.