Professional Documents
Culture Documents
Code of Professional Responsibility
Code of Professional Responsibility
Code of Professional Responsibility
CHAPTER II: The Lawyer and the Legal Profession 1.01 - A lawyer shall not engage in unlawful,
Canon 7 Duty to Uphold the Dignity of the Legal dishonest, immoral or deceitful conduct.
Profession
Canon 8 Duty of Professional Courtesy Unlawful conduct
Canon 9 Duty to Shun Unauthorized Practice of Transgression of any provision of law, which need not be
Law a penal law. The presence of evil intent on the part of the
lawyer is not essential in order to bring his act or omission
CHAPTER III: The Lawyer and the Courts within the terms of this Rule (Re: Report on the Financial
Canon 10 Duty of Candor, Fairness, and Good Faith Audit Conducted on the Books of Accounts of Atty. Raquel
to the Courts Kho, AM No. P-06-2177).
Canon 11 Duty to Give Respect to the Courts
Canon 12 Duty to Assist in the Speedy and Efficient Dishonest act
Administration of Justice An act of lying or cheating (Alsup v. State, 91 Tex. Crim.
Canon 13 Duty Not to Influence Judges R. 224, 1922).
CHAPTER IV: The Lawyer and the Client Immoral or deceitful conduct:
Canon 14 Duty to Render Legal Service to the Needy Involves moral turpitude (Agpalo, Legal and Judicial
Canon 15 Duty of Candor, Fairness, and Loyalty to the Ethics, 2009, p. 72).
Client
7. Seeking a public office, which can only be held by a Philippines and the use of the foreign law firm in the
lawyer or, in a dignified manner, a position as a full time country is unethical (Dacanay v. Baker & McKenzie, A.C.
corporate counsel; No. 2131, May 1985).
8. Simple announcement of the opening of a law firm or of
changes in the partnership, associates, firm name or Rule 3.03 - Where a partner accepts public office, he
office address, being for the convenience of the shall withdraw from the firm and his name shall be
profession; dropped from the firm name unless the law allows him
9. Listing in a phone directory, but not under a designation to practice law currently.
of a special branch of law; and
10.Activity of an association for the purpose of legal Rationale: To prevent the law firm or partners from
representation. making use of the name of the public official to attract
business and to avoid suspicion of undue influence
The professional card may contain only a statement of his
name, the name of the law firm of which he is connected (See discussion on Practice of Law by Public Officials,
with, address, telephone number and special branch of supra.)
law practices (A.B.A. Op. 11, May 11, 1927).
Rule 3.04 – A lawyer shall not pay or give anything of
Solicitation of cases constitutes malpractice. The law value to representatives of the mass media in
prohibits lawyers from soliciting cases for the purpose of anticipation of, or in return for, publicity to attract
gain, either personally or through paid agents or brokers, legal business.
and makes the act malpractice (Rule 138, Sec. 27, Rules
of Court). Rationale: To prevent some lawyers from gaining an
unfair advantage over others thru the use of gimmickry,
A lawyer who agrees with a non-lawyer to divide attorney’s press agentry, or other artificial means (Agpalo, Legal and
fees paid by clients supplied or solicited by the non-lawyer Judicial Ethics, 2009, p. 131).
is guilty of malpractice, the same being a form of
solicitation of cases(Tan Tek Beng vs. David, 126 SCRA Note: The lawyer is not required to decline genuine media
389, 1983). attention to advocacies which have generated public
interest. In some instances, his advocacy needs the
Use of law firm Name indispensable participation of media, such as the
advocacy to expose government corruption (Funa, Legal
Rule 3.02 - In the choice of a firm name, no false, and Judicial Ethics, 2009, 75).
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is CANON 4: A LAWYER SHALL PARTICIPATE IN THE
permissible provided that the firm indicates in all its DEVELOPMENT OF THE LEGAL SYSTEM BY
communications that said partner is deceased. INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
Use of a deceased partner’s name ADMINISTRATION OF JUSTICE.
The reason for allowing the continued use of the name of
a deceased partner is that all of the partners, by their joint CANON 5: A LAWYER SHALL KEEP ABREAST OF
efforts, contributed to the goodwill attached to the firm LEGAL DEVELOPMENTS, PARTICIPATE IN
name. This goodwill is disturbed by a change in the firm CONTINUING LEGAL EDUCATION PROGRAMS,
name every time a partner dies (Agpalo, 2009, p. 129). SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL
The use of a cross after the name of the deceased partner TRAINING OF LAW STUDENTS AND ASSIST IN
is sufficient indication. It is advisable that the year of death DISSEMINATING THE LAW AND JURISPRUDENCE.
be also indicated (Pineda, Legal Ethics, 2009, p.87).
This duty carries with it the obligation to be well informed
No name not belonging to any of the partners or of the existing laws and to keep abreast with legal
associates may be used in the firm name for any purpose. developments, recent enactment and jurisprudence.
Unless they faithfully comply with such duty they may not
Use of a foreign law firm name be able to discharge competently and diligently their
Filipino lawyers cannot practice law under the name of a obligations as members of the Bar. Worse, they may
foreign law firm, as the latter cannot practice law in the become susceptible to committing mistakes (Dulalai Jr. v.
would cause the dismissal of the case and the All criminal actions commenced by complaint or
expunction of the pleadings from the records. information shall be prosecuted under the direction and
control of the prosecutor. In case of heavy work schedule
CANON 6: THESE CANONS SHALL APPLY TO of the public prosecutor or in the event of lack of public
LAWYERS IN GOVERNMENT SERVICES IN THE prosecutors, the private prosecutor may be authorized in
DISCHARGE OF THEIR TASKS. writing by the Chief of the Prosecution Office or the
Regional State Prosecutor to prosecute the case subject
This Canon makes the Code applicable to lawyers in to the approval of the Court. Once so authorized to
government service. prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to the end of the trial
Rationale: A lawyer does not shed his professional even in the absence of a public prosecutor, unless the
obligations upon his assuming public office. authority is revoked or otherwise withdrawn (Sec. 5, Rule
110, RRC as amended, May 1, 2002).
Rule 6.01 - The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that If the case is dismissed, the private prosecutor may NOT
justice is done. The suppression of facts or the file a motion for reconsideration for such duty belongs
concealment of witnesses capable of establishing the solely to the public prosecutor.
innocence of the accused is highly reprehensible and
is cause for disciplinary action Restrictions against using public office to promote
private interest
Public prosecutor
He is a quasi-judicial officer and as such, he should Rule 6.02 - A lawyer in the government service shall
seek equal and impartial justice. He should be concerned not use his public position to promote or advance his
with seeing that no innocent man suffers as in seeing that private interests, nor allow the latter to interfere with
no guilty man escapes (State v. Platon, 40 O.G., 6 th Supp. his public duties.
235).
He should see to it that the accused is given fair and Applicability of the rule:
partial trial and not deprived of any of his statutory or 1. Lawyers in government service allowed by law to
constitutional rights. engage in private practice concurrently;
He should recommend the acquittal of the accused whose 2. Those who, though prohibited from engaging in
conviction is on appeal, if he finds no legal basis to the practice of law, have friends, former associates and
sustain the conviction (Trieste v. Sandiganbayan, G.R. relatives who are in the active practice of law (Agpalo,
No. 70332-43 November 13, 1986). Legal and Judicial Ethics, 2009, p.89).
“To see that justice is done” Public officials and employees during their incumbency
Applies not only in favor of the accused but also in favor of SHALL NOT:
the private complainant (Funa, Legal and Judicial Ethics, 1. Own, control, manage or accept employment as
2009, 86). officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated,
Private prosecutor supervised or licensed by their office UNLESS
General rule: The offended party has the right to expressly allowed by law;
intervene in the prosecution of a crime. 2. Engage in the private practice of their profession
UNLESS authorized by the Constitution or law,
Exceptions: provided that such practice will not conflict or tend to
1. Where from the nature of the crime and the law defining conflict with their official functions;
and punishing it, no civil liability arises in favor of the 3. Recommend any person to any position in a private
offended party; and enterprise which has a regular or pending official
2. Where from the nature of the offense the offended party transaction with their office; and
is entitled to civil indemnity arising therefrom but he has 4. Use or divulge confidential or classified information
waived the same or has expressly reserved his right to officially known to them by reason of their office and
institute a civil action or has already instituted said not available to the public (Sec. 7(b) and (c), Republic
action (Agpalo, Legal and Judicial Ethics, 2009, p.86). Act 6713).
their individual affair (Canon 35, Canons of Professional 3. Where a lawyer or law firm includes non-lawyer
Ethics). employees in a retirement plan, even if the plan is
based in whole or in part, on a profit-sharing
Examples of violations of this canon: agreement.
1. Respondent admitted that the letterhead of Cristal- General rule: Non-lawyers are not entitled to attorney’s
Tenorio Law Office listed Felicisimo R. Tenorio, Jr., fees.
Gerardo A. Panghulan, and Maricris D. Battung as
senior partners. She admitted that the first two are not Rationale: Not to leave the public in hopeless confusion
lawyers but paralegals. They are listed in the letterhead as to whom to consult in case of necessity and also to
of her law office as senior partners because they have leave the bar in a chaotic condition, aside from the fact
investments in her law office. That is a blatant that non-lawyers are not amenable to disciplinary
misrepresentation (Cambaliza vs. Atty. Cristal- measures
Tenorio,Adm. Case No. 6290, July 14, 2004).
The first and second exceptions to the rule, strictly
2. Respondent, who held himself out as a partner of a law speaking, represent compensation for legal services
firm, was rendering legal services together with persons rendered by the DECEASED lawyer during his lifetime,
not licensed to practice law. The firm was actually a which is paid to his estate or heirs.
cooperative composed of non-lawyers (Plus Builders,
Inc. et. al. v. Revilla, A.C. No. 7056, September 13, Note: HOWEVER, impropriety arises where the effect of
2006). the arrangement is to make the estate or heir a member of
the partnership along with the surviving partners, or where
Rule 9.01- A lawyer shall not delegate to any the estate or heir is to receive a percentage of the fees
unqualified person the performance of any task which that may be paid from future business of the deceased
by law may only be performed by a member of the bar lawyer’s clients.
in good standing.
The third, strictly speaking, is not a division of legal fees
Rationale: but a pension representing deferred wages for the
1. The practice of law is limited only to individuals duly employees’ past services.
qualified in moral character and education and who
passed the Bar Examinations. The statutory rule that an attorney shall be entitled to have
2. A client-lawyer relationship is a personal one. Attorneys and recover from his client a reasonable compensation for
are selected on account of their special fitness through his services necessarily imports the existence of an
their learning or probity for the work in hand. attorney-client relationship as a condition for the recovery
of attorney's fees, and such relationship cannot exist
Note: “Unqualified person” is not limited to non-lawyers unless the client's representative is a lawyer (Five J v.
but also to lawyers who are not in good standing and NLRC,G.R. No. 111474 August 22, 1994 ).
lawyers who are unqualified (Funa, Legal and Judicial
Ethics, 2009, p. 123).
C HAPTER III: T HE L AWYER
Lawyers can engage the services of secretaries, AND THE C OURT
investigators, detectives, researchers, as long as they are
not involved in the practice of law. CANON 10: A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not A lawyer’s conduct before the court should be
licensed to practice law, except: characterized by candor and fairness. The administration
1. Where there is a pre-existing agreement with a of justice would gravely suffer if lawyers do not act with
partner or associate that, upon the latter's death, complete candor and honesty before the courts. (Serana
money shall be paid over a reasonable period of v. Sandiganbayan, G.R. No. 162059, January 22, 2008).
time to his estate or to persons specified in the
agreement; or Rationale: The burden cast on the judiciary would be
2. Where a lawyer undertakes to complete unfinished intolerable if it could not take at face value what is
legal business of a deceased lawyer; or asserted by counsel.
Rule 10.03 - A lawyer shall observe the rules of community or the law school to which they belong. (Re:
procedure and shall not misuse them to defeat the Letter of the UP Law Faculty entitled “Restoring Integrity:
ends of justice. A statement by the Faculty of the University of the
Philippines College of Law on the allegations of
Rationale: Procedures are instruments in the speedy and plagiarism and misrepresentation in the Supreme
efficient administration of justice. They should be used to Court,” A.M. No. 10-10-4-SC, March 8, 2011).
achieve such end and not to derail it.
Rule 11.01 - A lawyer shall appear in court properly
Filing multiple actions constitutes an abuse of the Court’s attired.
processes. Those who file multiple or repetitive actions
subject themselves to disciplinary action for incompetence Male: Either Barong Tagalog or suit with tie
or willful violation of their duties as attorneys to act with all Female: Appropriate business attire (Funa, Legal and
good fidelity to the courts, and to maintain only such Judicial Ethics, 2009, p. 170).
actions that appear to be just and consistent with truth and
honor (Pablo R. Olivares etc. vs. Atty. Arsenio Villalon, Jr., Rule 11.02 - A lawyer shall punctually appear at court
A.C. No. 6323, April 13, 2007). hearings.
Inexcusable absence from, or repeated tardiness in,
CANON 11: A LAWYER SHALL OBSERVE AND attending a pre-trial or hearing may not only subject the
MAINTAIN THE RESPECT DUE TO THE COURTS AND lawyer to disciplinary action but may also prejudice his
TO JUDICIAL OFFICERS AND SHOULD INSIST ON client who may not be non-suited, declared in default or
SIMILAR CONDUCT BY OTHERS. adjudged liable ex parte, as the case may be (Agpalo,
Legal and Judicial Ethics, 2009, p. 153).
Rationale: Disrespect toward the court would necessarily
undermine the confidence of the people in the honesty Rule 11.03 - A lawyer shall abstain from scandalous,
and integrity of the members of the court, and offensive or menacing language or behavior before
consequently to lower or degrade the administration of the Courts.
justice by the court.
The lawyer’s duty to render respectful subordination to the
All lawyers are expected to recognize the authority of the courts is essential to the orderly administration of justice.
Supreme Court and obey its lawful processes and orders. Hence, in the assertion of the client’s rights, lawyers –
Despite errors which one may impute on the orders of the even those gifted with superior intellect, are enjoined to
Court, these must be respected, especially by the bar or rein up their tempers (Zaldivar vs. Gonzales, 166 SCRA
the lawyers who are themselves officers of the courts 316, 1988).
(Yap-Paras vs. Atty. Paras, A.C. No. 4947, June 7, 2007).
(See discussion under 8.01)
Liberally imputing sinister and devious motives and
questioning the impartiality, integrity, and authority of the Rule 11.04 - A lawyer shall not attribute to a judge
members of the Court result in the obstruction and motives not supported by the record or have no
perversion of the dispensation of justice (Estrada v. materiality to the case.
Sandiganbayan, G.R. No.159486-88, November 2000).
This rule does not preclude a lawyer from criticizing
Even as lawyers passionately and vigorously propound judicial conduct, PROVIDED the criticism is:
their points of view, they are bound by certain rules of 1. Supported by the record; or
conduct for the legal profession. This Court is certainly 2. Material to the case (Agpalo, Legal and Judicial Ethics,
not claiming that it should be shielded from criticism. All 2009, p. 157).
the Court demands are the same respect and courtesy
that one lawyer owes to another under established ethical Rule 11.05 - A lawyer shall submit grievances against
standards. All lawyers, whether they are judges, court a Judge to the proper authorities only.
employees, professors or private practitioners, are officers
of the Court and have voluntarily taken an oath, as an Proper authority: The Supreme Court shall have
indispensable qualification for admission to the Bar, to administrative supervision over all courts and personnel
conduct themselves with good fidelity towards the courts. thereof (Sec. 5 [5], Article VIII, 1987 Constitution of the
There is no exemption from this sworn duty for law Philippines).
professors, regardless of their status in the academic
the other court would make a favorable disposition The court frowns on lawyers’ practice of repeatedly
(Chemphil Export & Import Corp. v. CA, 260 SCRA 247). seeking extensions to file pleadings and thereafter simply
letting the period lapse without submitting any pleading or
The most important factor in determining the existence even any explanation of manifestation for their failure. The
of forum shopping is the vexation caused the courts and same rule applies more forcefully to motion for
parties by a party who asks different courts to rule on the continuance. POSTPONEMENT is NOT a matter of right
same or related causes or grant the same or substantially but a sound judicial discretion (Edrial v. Quilat-Quilat G.R.
the same reliefs (Benguet Electric Cooperatve, Inc. v. Atty. No. 133625, September 2000).
Ernesto B. Flores, A.C. No. 4058, March 12, 1998).
Rule 12.04 - A lawyer shall not unduly delay a case,
Penalties for violation of the rule against forum impede the execution of a judgment or misuse Court
shopping under Section 5, Rule 7 of the 1997 Rules of processes.
Civil Procedure
1. Failure to comply with the requirements shall NOT be Once a judgment becomes final and executory, the
curable by mere amendment of the complaint or other prevailing party should not be denied the fruits of his
initiatory pleading but shall be cause for dismissal of the victory by some subterfuge devised by the losing party.
case without prejudice, unless otherwise provided, upon Unjustified delay in the enforcement of a judgment sets at
motion and after hearing; naught the role of courts in disposing justiciable
2. The submission of a false certification or non- controversies with finality (Aguilar vs. Manila Banking
compliance with any of the undertakings therein shall Corporation, G.R. No. 157911, Sept. 19, 2006).
constitute indirect contempt of court, without prejudice
to the corresponding administrative and criminal Lawyers should not resort to nor abet the resort of their
actions; and clients, to a series of actions and petitions for the purpose
3. If the acts of the party or his counsel clearly constitute of thwarting the execution of a judgment that has long
willful and deliberate forum shopping, the same shall be become final and executory (Perez vs. Lazatin, 23 SCRA
ground for summary dismissal with prejudice and shall 645).
constitute direct contempt, as well as a cause for
administrative sanctions. As part of the lawyer’s duty to assist in the early
termination of the case, he should inform the court:
Note: The mere filing of several cases based on the same 1. Within thirty days, of the death of his client in a pending
incident does not necessarily constitute forum shopping. case (Heirs of Elias Lorilla v. CA, 330 SCRA 429, 2000).
The question is whether the several actions filed involve 2. Of any change of his address (City Sheriff Iligan City v.
the same transactions, essential facts and circumstances. Fortunato, 288 SCRA 190, 1998).
If they involve essentially different facts, circumstances
and causes of action, there is no forum shopping Rule 12.05 - A lawyer shall refrain from talking to his
(Paredes vs. Sandiganbayan, 252 SCRA 641, 1996). witness during a break or recess in the trial, while the
witness is still under examination.
General Rule: A certification against forum shopping must
be signed by the client and not by the counsel. Otherwise, Purpose: To prevent the suspicion that he is coaching the
it is equivalent to non-compliance with the Rules of Court witness what to say during the resumption of the
and is defective (Far Eastern Shipping Co. v. CA and PPA, examination. Moreover, this rule is also designed to
G.R. No. 130068, October 1, 1998). uphold and maintain fair play with the other party and to
prevent the examining lawyer from being tempted to
Exception: When the counsel attests in the certification coach his own witness to suit his purpose.
that he has personal knowledge of the facts stated and
gives justifiable reasons why the party himself cannot sign Rule 12.06 - A lawyer shall not knowingly assist a
the same (Ortiz v. CA, 299 SCRA 708, 1998). witness to misrepresent himself or to impersonate
another.
Rule 12.03 - A lawyer shall not, after obtaining The witness who commits misrepresentation is criminally
extensions of time to file pleadings, memoranda or liable for “False Testimony” either under Art. 181, 182 or
briefs, let the period lapse without submitting the 183 of the Revised Penal Code, as the case may be. The
same or offering an explanation for his failure to do lawyer who induces a witness to commit false testimony is
so. equally guilty as the witness.
during his testimony, entrust the trial of the case to Test when public statements are contemptuous: The
another counsel. character of the act done and its direct tendency to
prevent and obstruct the discharge of official duty is the
CANON 13: A LAWYER SHALL RELY UPON THE test to determine whether a newspaper publication
MERITS OF HIS CAUSE AND REFRAIN FROM ANY concerning a pending case is contemptuous (Toledo,
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR Newspaper Co. v. US, 407 US 1186).
GIVES THE APPEARANCE OF INFLUENCING THE
COURT. In a concluded litigation, a lawyer enjoys a wider latitude
to comment on or criticize the decision of s judge or his
Rule 13.01 - A lawyer shall not extend extraordinary actuation. Thus, a newspaper publication tending to
attention or hospitality to, nor seek opportunity for impede, obstruct, embarrass or influence the courts in
cultivating familiarity with Judges. administering justice in a pending case constitutes
criminal contempt, but the rule is otherwise after the
Rationale: To protect the good name and reputation of the litigation is ended. (In re: Lozano, 54 Phil. 801, 1930).
judge and the lawyer
The restriction does NOT prohibit issuance of statements
Lawyers should not seek for opportunity to cultivate by public officials charged with the duty of prosecuting or
familiarity with judges. A lawyer who resorts to such defending actions in court. However, such statements
practices of seeking familiarity with judges dishonors his should avoid any statement of fact likely to create an
profession and a judge who consents to them is unworthy adverse attitude in the public mind respecting the alleged
of his high office. actions of the defendants to the pending proceedings
(A.B.A Op. 199, January 26, 1940).
It is improper for a litigant or counsel to see a judge in
chambers and talk to him about a matter related to the Rule 13.03 - A lawyer shall not brook or invite
case pending in the court of said judge (Austria vs. interference by another branch or agency of the
Masaquel, 20 SCRA 1247, 1967). government in the normal course of judicial
proceedings.
HOWEVER, it is not incumbent on a lawyer to refuse
professional employment in a case because it may be Rationale: To preserve the independence of the judges in
heard by a judge who is his relative, compadre or former the performance of their duties
colleague. The responsibility is on the judge not to sit in a
case unless he is both free from bias and from the The Supreme Court accordingly administered a reprimand
appearance thereof (Bautista v. Rebueno, 81 SCRA 535, to respondent for gross ignorance of law and of the
1978). Constitution in having asked the President to set aside by
decree the Court’s decision which suspended him for two
Rule 13.02 - A lawyer shall not make public statements years from the practice of law (De Bumanlag v. Bumanlag
in the media regarding a pending case tending to A.M. No. 188, November 1976).
arouse public opinion for or against a party.
The subjudice rule governs what public statements, C HAPTER IV: T HE L AWYER
whether orally or in published writings, can be made about AND THE C LIENT
matters pending in legal proceedings before the courts.
The rule applies where court proceedings are ongoing,
and through all stages of appeal until the matter is Attorney-Client relationship
completed. It is not limited to parties in a case or their Nature of relation
lawyers. It applies as well to the public and public officials 1. Strictly personal;
including legislators (Funa, Legal and Judicial Ethics, 2. Highly confidential; and
2009, p. 213). 3. Fiduciary
Making public statements in the media regarding
a pending case which tends to arouse public opinion for or General rules protecting attorney-client relationships
against a party may also constitute indirect contempt 1. The attorney must exert his best efforts to protect the
under Section 3 of Rule 71 of the Rules of Court (Funa, interest of his client.
Legal and Judicial Ethics, 2009, p. 214). 2. He must promptly account for any fund or property
entrusted by or received for, his client.
Exception BUT with limitation: A lawyer may accept a members of society and expedite the resolution of cases
losing civil case provided that, in so doing, he must not involving them.
engage in dilatory tactics and must advise his client about Definition of terms
the prospects and advantages of settling the case through 1. Practicing lawyers are members of the Philippine Bar
a compromise. who appear for and in behalf of parties in courts of law
and quasi-judicial agencies. The term "practicing
If he were to take a bad civil case for the plaintiff, it will lawyers" shall EXCLUDE:
only be to advise him not to file the action or to settle it a. Government employees and incumbent elective
with the client. officials not allowed by law to practice;
b. Lawyers who by law are not allowed to appear in
If he were to accept the defense of a bad civil case for the court;
defendant, it will either be to exert his best effort toward a c. Supervising lawyers of students enrolled in law
compromise or to tell his client to confess judgment. student practice in duly accredited legal clinics of law
schools and lawyers of NGOs)and peoples
Rule 14.02 - A lawyer shall not decline, except for organizations (POs) who by the nature of their work
serious and sufficient cause, an appointment as already render free legal aid to indigent and pauper
counsel de officio or as amicus curiae, or a request litigants and
from the Integrated Bar of the Philippines or any of its d. Lawyers not covered under subparagraphs (i) to (iii)
chapters for rendition of free legal aid. including those who are employed in the private
sector but do not appear for and in behalf of parties in
Rule 14.03 - A lawyer may not refuse to accept courts of law and quasi-judicial agencies.
representation of an indigent client if:
a. He is not in a position to carry out the work 2. Indigent and pauper litigants are those defined
effectively or competently; under Rule 141, Section 19 of the Rules of Court and
b.He labors under a conflict of interest between him Algura v. The Local Government Unit of the City of Naga
and the prospective client or between a present (G.R. No.150135, 30 October 2006, 506 SCRA 81);
client and the prospective client. a. (Sec. 19. Rule 141) Indigent litigants are those
whose gross income and that of their immediate
Any of the following may constitute a sufficient cause family do not exceed an amount double the monthly
under Rule 14.02: minimum wage of an employee and who do not own
1. 1. It is believed that it is a sufficient cause where the real property with a fair market value as stated in the
lawyer cannot handle the matter competently; or current tax declaration of more than three hundred
2. In case of conflict of interest (Funa, Legal and Judicial thousand pesos.
Ethics, 2009, p.226); or b. (Section 21. Rule 3). An indigent party may be
3. Where the lawyer is to incur out-of-pocket expenses authorized to litigate his action, claim or defense as
for investigation costs, fees for witnesses, unable to an indigent if the court, upon an ex parte application
continue his private practice [Brown v. Board of County and hearing, is satisfied that the party is one who has
Commissioners, 451 P.2d 708 (Nev. 1969(]. no money or property sufficient and available for food,
shelter and basic necessities for himself and his
Rule 14.04 - A lawyer who accepts the cause of a family.
person unable to pay his professional fees shall 3. Legal aid cases are those actions, disputes, and
observe the same standard of conduct governing his controversies that are criminal, civil and
relations with paying clients. administrative in nature in whatever stage wherein
indigent and pauper litigants need legal
Rule on Mandatory Legal Aid Service (B.M. No. 2012) representation.
Pursuant to an en banc Resolution of the Supreme Court,
this Rule took effect on January 1, 2010, provided its Requirements
implementing regulations have been published prior to the 1. Every practicing lawyer is required to render a minimum
said date. of sixty (60) hours of free legal aid services to indigent
litigants in a year.Said 60 hours shall be spread within a
Purpose period of twelve (12) months, with a minimum of five (5)
To enhance the duty of lawyers to society as agents of hours of free legal aid services each month. However,
social change and to the courts as officers thereof by where it is necessary for the practicing lawyer to render
helping improve access to justice by the less privileged legal aid service for more than five (5) hours in one
under the Rule on Mandatory Legal Aid Services for 2. The communication was made by the client to the
Practicing Lawyers, under BAR Matter No. 2012, issued lawyer in the course of the lawyer’s professional
by the Supreme Court. employment; and
3. The communication must be intended to be
CANON 15: A LAWYER SHALL OBSERVE CANDOR, confidential (Uy Chico vs. Union Life Association
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND Society, 29 Phil 163, 1915).
TRANSACTIONS WITH HIS CLIENTS. Thus, the mere relation of attorney and client does not
raise a presumption of confidentiality.
It demands of an attorney an undivided allegiance, a
conspicuous and high degree of good faith, Confidential communication: information transmitted
disinterestedness, candor, fairness, loyalty, fidelity and through voluntary act of disclosure between attorney and
absolute integrity in all his dealings and transactions with client in confidence, and by means of which, so far as the
his clients and an utter renunciation of every personal client is aware, discloses the information to no third
advantage conflicting in any way, directly or indirectly, with person other than one reasonably necessary for the
the interest of his client (Oparel, Sr. vs. Abara, 40 SCRA transmission of the information or the accomplishment of
128, 1971). the purpose for which it was given.
If they find that their client’s cause is defenseless, then it Duration of the privilege
is their bounden duty to advise the latter to acquiesce and The privilege continues to exist even after the termination
submit, rather than to traverse the incontrovertible of the attorney-client relationship. It outlasts the lawyer’s
(Consorcia S. Rollon vs. Atty. Camilo Naraval, A.C. No. engagement. The privileged character of the
6424, March 4, 2005). communication ceases only when waived by the client
himself or after his death, by the heir or legal
Rule 15.01 - A lawyer, in conferring with a prospective representative (Baldwin vs. Comm. Of Internal Revenue,
client, shall ascertain as soon as practicable whether 125 F 2d 812, 141 LRA 548).
the matter would involve a conflict with another client
or his own interest, and if so, shall forthwith inform Burden of Proof
the prospective client. The party who avers that the communication is privileged
has the burden of proof to establish the existence of the
Rule 15.02 – A lawyer shall be bound by the rule on privilege unless from the face of the document itself, it
privileged communication in respect of matters clearly appears that it is privileged. The mere allegation
disclosed to him by a prospective client. that the matter is privileged is not sufficient (People vs.
Sleeper, 46 Phil. 625).
(See discussion under Canon 21)
Art. 209. Betrayal of trust by an attorney or solicitor.
Factors that establish the existence of the attorney- — Revelation of secrets. — In addition to the proper
client privilege communication administrative action, there shall be imposed upon any
1. Where legal advice of any kind is sought; attorney-at-law or solicitor (procurador judicial) who, by
2. from a professional legal adviser in his capacity as any malicious breach of professional duty or of
such; inexcusable negligence or ignorance, shall prejudice his
3. the communications relating to that purpose; client, or reveal any of the secrets of the latter learned by
4. made in confidence; him in his professional capacity.
5. by the client;
6. are at his instance permanently protected; Rule 15.03 - A lawyer shall not represent conflicting
7. from disclosure by himself or by the legal advisor; interests except by written consent of all concerned
8. except the protection be waived (Ma. Luisa Hadjula vs. given after a full disclosure of the facts
Atty. Roceles F. Madianda, A.C. No. 6711, July 3, 2007).
Conflict of interest
Requisites for the attorney-client privilege (CIA)
1. There exists an attorney and client relationship or a Duty of a lawyer to his client in case there is conflict
kind of consultancy relationship with a prospective of interest
client. That is, legal advice is what is sought; This The proscription against representation of conflicting
includes persons appointed as counsel de oficio; interest finds application where the conflicting interests
arise with respect to the same general matter and is
This rule covers NOT ONLY cases in which confidential Effect of termination of relation
communications have been confided, BUT ALSO those Termination of relation provides no justification for a
in which no confidence has been bestowed or will be lawyer to represent an interest adverse to or in conflict
used. with that of the former client (San Jose v. Cruz, 57 Phil.
79, 1949).
A lawyer’s immutable duty to a former client does NOT
COVER transactions that occurred beyond the lawyer’s Rationale: The client’s confidence once reposed cannot
employment with the client. The intent of the law is to be divested by the expiration of the professional
impose upon the lawyer the duty to protect the client’s employment (Hilado v. David, 84 Phil. 569, 1949).
interests only on matters that he previously handled for
the former client and not for matters that arose after the Note: A lawyer is forbidden from representing a
lawyer-client relationship has terminated (Ruthie Lim- subsequent client against a former client only when the
Santiago vs. Atty. Carlos B. Sagucio, A.C. No. 6705, subject matter of the present controversy is related,
March 31, 2006). directly or indirectly, to the subject matter of the previous
litigation in which he appeared to the former client
It is inconsequential that petitioner never questioned the (Nombrado v. Hernandes, 26 SCRA 13, 1968).
propriety of respondent’s continued representation of
Rodriguez. The lack of opposition does not mean tacit The rule likewise applies to law firms. Where a lawyer
consent. As long as the lawyer represents inconsistent is disqualified from appearing as counsel in a case
interests of two or more opposing clients, he is guilty of because of conflict of interests, the law firm of which he is
a member as well as any member, associate or assistant Rationale: Certain ethical considerations governing the
therein is similarly disqualified or prohibited from so acting client-lawyer relationship may be operative in one case
(Hilado v. David, 84 Phil. 569, 1949). and not in the other (Report of the IBP Committee, p. 84).
Rule 15.04 – A lawyer may, with the written consent of A lawyer is not barred from dealing with his client but the
all concerned, act as mediator, conciliator or arbitrator business transaction must be characterized with utmost
in settling disputes. honesty and good faith. Business transactions between an
Consent in writing is required to prevent future controversy attorney and client are disfavored and discouraged by
on the authority of the lawyer to act as mediator or policy of law because by virtue of a lawyer’s office, he is in
arbitrator. However, a lawyer who acts as mediator, an easy position to take advantage of the credulity and
conciliator or arbitrator in settling a dispute, cannot ignorance of his client. Thus, there is no presumption of
represent any of the parties to it (Report of IBP innocence or improbability of wrongdoing in favor of
Committee, p. 82). lawyers (Nakpil vs. Valdez, A.C. No. 2040, March 4,
1998).
Rule 15.05 – A lawyer, when advising his client, shall
give a candid and honest opinion on the merits and CANON 16: A LAWYER SHALL HOLD IN TRUST ALL
probable resultsof the client’s case, neither MONEYS AND PROPERTIES OF HIS CLIENT THAT
overstating nor understating the prospects of the MAY COME INTO HIS PROFESSION.
case.
Rule 16.01 - A lawyer shall account for all money or
As officers of the court, counsels are under obligation to property collected or received for or from the client.
advise their clients against making untenable and
inconsistent claims. Lawyers are not merely hired This duty of a lawyer is generally derived from the law on
employees who must unquestionably do the bidding of the agency, which imposes the duties of separation,
client, however unreasonable this may be when tested by accounting, notification and delivery on all agents
their own expert appreciation of the facts and applicable possessing the principal’s property (Funa, 2009, p.256).
law and jurisprudence. COUNSEL MUST COUNSEL
(Periquet vs. NLRC, 186 SCRA, 1990). Obligations of a lawyer under Rule 16.01 (ARD)
1. When a lawyer collects or receives money from his
Rule 15.06 – A lawyer shall not state nor imply that he client for a particular purpose, he should promptly
is able to influence any public official, tribunal or account to the client how the money was spent.
legislative body. 2. If he does not use the money for its intended purpose,
This rule is known as INFLUENCE-PEDDLING. he must immediately return it to the client. His failure
either to render an accounting or to return the money (if
It is improper for a lawyer to show in any way that he has the intended purpose of the money does not
connections and can influence any tribunal or public materialize) constitutes a blatant disregard of Rule
official, judges, prosecutors, congressmen and others, 16.01 of the Code of Professional Responsibility.
specially so if the purpose is to enhance his legal standing 3. ,A lawyer has the duty to deliver his client’s funds or
and to entrench the confidence of the client that his case properties as they fall due or upon demand. His failure
or cases are assured of victory. to return the client’s money upon demand gives rise to
the presumption that he has misappropriated it for his
Rule 15.07 – A lawyer shall impress upon his client own use to the prejudice of and in violation of the trust
compliance with the laws and the principles of reposed in him by the client (Hector Trenas vs. People
fairness. of the Philippines. G.R. No. 195002. January 25, 2012).
A lawyer who advises his client not to obey the order of
the courts is guilty of contempt and misconduct (Conge Rule 16.02 - A lawyer shall keep the funds of each
vs. Deret, C.A.-G.R. No. 08848-CR., March 25, 1974). client separate and apart from his own and those of
others kept by him.
Rule 15.08 – A lawyer who is engaged in another
profession or occupation concurrently with the Rationale: To prevent confusion and possible
practice of law shall make clear to his client whether misappropriation of funds and properties
he is acting as a lawyer or in another capacity.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand.
Rule 16.04 - A lawyer shall not borrow money from his Other instances where prohibition is applicable
client unless the client's interests are fully protected Redemption, compromise and renunciation of the subject
by the nature of the case or by independent advice. in litigation (Art. 1492, NCC).
Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance Lease of the subject in litigation (Art.1646, NCC).
necessary expenses in a legal matter he is handling
for the client. Instances where prohibition is INAPPLICABLE:
1. Where the property purchased by a lawyer was not
A lawyer who takes advantage of his client’s financial involved in litigation;
plight to acquire the latter’s properties for his own benefit 2. Where the sale took place before it became involved in
is destructive of the confidence of the public in the fidelity, the suit;
honesty and integrity of the legal profession (Hernandez, 3. Where the attorney at the time of the purchase was not
Jr. v. Go, A.C.No. 1526, January 2005). the counsel in the case;
4. Where the purchaser of the property in litigation was a
Prohibitions under Rule 16.05 corporation even though the attorney was an officer
1. Lawyer borrowing money from client thereof;
Rationale: To prevent lawyer from taking advantage of 5. Where the sale took place after the termination of the
his influence over the client litigation;
6. A lawyer may accept an assignment from his client of a
2. Lawyer lending money to client money judgment rendered in the latter’s favor in a case
Rationale: To assure the lawyer’s independent in which he was not counsel, in payment of his
professional judgment (Comments of the IBP professional services performed in another case; and
Committee). 7. In a contract for attorney’s fees which is contingent
upon the outcome of the litigation.
Prohibition against purchase of property in litigation
under the Civil Code A lawyer may borrow money from a client bank for here,
Art. 1491: The following persons cannot acquire by the client’s interests are fully protected by the bank’s rules
purchase, even at a public or judicial auction, either in and regulations which have to be complied with. A lawyer
person or through the mediation of another: is allowed to borrow money from his client provided the
Xxx interests of the client are fully protected by the nature of
(5) Justices, judges, prosecuting attorneys, clerks of the case or by independent advice (Pineda, Legal Ethics,
superior and inferior courts, and other officers and 2009, p. 283).
employees connected with the administration of justice,
the property and rights in litigation or levied upon an CANON 17: A LAWYER OWES FIDELITY TO THE
execution before the court within whose jurisdiction or CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL
territory they exercise their respective functions; this OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
prohibition includes the act of acquiring by assignment
and shall apply to lawyers, with respect to the property Good moral character expresses itself in the will to do the
and rights which may be the object of any litigation in unpleasant thing if it is right and the resolve not to do the
which they may take part by virtue of their profession. pleasant thing if it is wrong (Cordon v. Balicanta, A.C. No.
2797, October 4, 2002).
CANON 18: A LAWYER SHALL SERVE HIS CLIENT Duty to handle cases with adequate preparation
WITH COMPETENCE AND DILIGENCE.
Rule 18.02 - A lawyer shall not handle any legal matter
Diligence: The attention and care required of a person in without adequate preparation.
a given situation and is the opposite of negligence
(Edquibal v. Ferrer, A.C. No. 5687, February 2005). Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
It is axiomatic in the practice of law that the price of therewith shall render him liable.
success is eternal diligence to the cause of the client.
In the absence of contrary evidence, a lawyer is presumed
Ordinary pater familias and not extraordinary diligence is to be prompt and diligent in the performance of his duties
required (Edquibal v. Ferrer, supra). and to have employed his best efforts, learning and ability
in the protection of his client’s interests and in the
A lawyer is presumed to be diligent in the performance of discharge of his duties as an officer of the court (People v.
his duties (People vs. Mantawar, 80 Phil 817). Mantawar, 80 Phil. 817).
Duty to protect the client’s interests The attorney’s duty to safeguard the client’s interests
commences from his retainer until his effective release
Rule 18.01 - A lawyer shall not undertake a legal from the case or the final disposition of the whole subject
service which he knows or should know that he is not matter of the litigation. During that period, he is expected
qualified to render. However, he may render such to take such reasonable steps and such ordinary care as
service if, with the consent of his client, he can obtain his client’s interests may require.
as collaborating counsel a lawyer who is competent
on the matter. A lawyer who received money to handle a client’s case but
rendered no service at all shall be subject to disciplinary
A lawyer’s acceptance of a case is an implied measure (Dalisay v. Atty. Melanio “Batas” Mauricio, A.C.
representation that he possesses the requisite degree of No. 5655, April 2005).
academic learning, skill and ability in his practice (Azor v.
Beltran, A.C. No. 1054, March 25, 1975). The mere failure of the lawyer to perform the obligations
due to the client is considered per se a violation. The
General Rule: A lawyer should not accept a case which circumstance that the client was also at fault does not
he knows or should know he is not qualified to render. exonerate a lawyer from liability for his negligence in
handling a case (Atty. Elmer C. Solidon vs. Atty. Ramil E.
Exception: If his client consents, the lawyer can take as Macalalad, A.C. No. 8158, February 24, 2010).
collaborating counsel another lawyer competent on the
matter. General rule: The client is bound by his counsel’s
conduct, negligence and mistake in handling the case.
Collaborating counsel
One who is subsequently engaged to assist a lawyer Exceptions:
already handling a particular case for a client (Pineda, 1. Where adherence to the rule will result in outright
Legal and Judicial Ethics, 2009, p. 291. deprivation of the client’s liberty or property
2. Where the interests of justice require and accord
The fiduciary nature of attorney-client relationship relief to the client who suffered by reason of the
prohibits a lawyer from collaborating with another in a lawyer’s gross negligence (Agpalo, 2009, p.363).
particular case without the consent of the client (Agpalo,
Comments on the Code of Professional Responsibility Duty to keep the client fully informed
and the Code of Judicial Connduct, 2004, p. 291).
Rule 18.04 - A lawyer shall keep the client informed of
The same diligence of the first counsel is required of the the status of his case and shall respond within a
collaborating counsel (Sublay v. NLRC, 324 SCRA 188). reasonable time to the client's request for information.
Doctrine of imputed knowledge Duty to comply with the client’s lawful request
(Notice to Counsel is Notice to Client) A lawyer should endeavor to seek instruction from his
client on any substantial matter concerning the litigation,
The knowledge acquired by an attorney during the time which may require decision on the part of the client, such
that he is acting within the scope of his authority is as whether to compromise the case or to appeal an
imputed to the client (Ramirez v. Sheriff of Pampanga, 75 unfavorable judgment. He should give his client sound
Phil 462). advice on any such and similar matters and comply with
the client’s lawful instructions relative thereto. He should
Basis: An attorney, who has notice of matter affecting his resist and should never follow any unlawful instruction of
client, has communicated the same to his principal in the his client.
course of professional dealings.
CANON 19: A LAWYER SHALL REPRESENT HIS
The doctrine applies regardless of whether or not the CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
lawyer actually communicated to the client what he LAW.
learned in his professional capacity, the attorney and his
client being, in legal contemplation, one juridical person In the discharge of his duty of entire devotion to the
(Agpalo, Legal and Judicial Ethics, 2009, p.350). client’s cause, a lawyer should present every remedy or
defense authorized by law in support of his client’s cause,
Exceptions regardless of his personal views (Legarda vs. Court of
1. If strict application might foster dangerous collusion to Appeals, 195 SCRA 418, 1991).
the detriment of justice;
2. If service of notice upon party instead of upon his While a lawyer owes absolute fidelity to the cause of his
attorney is ordered by court; client, full devotion to his genuine interest, and warm zeal
3. If notice of pre-trial is required to be served upon parties in the maintenance and defense of his rights, he must do
and their respective lawyers; and so only within the bounds of law (Choa vs. Chiongson,
4. In appeal from the lower court to the RTC, upon 260 SCRA 477, 1996).
docketing of appeal. Failure to appeal to CA despite
instructions by the client to do so constitutes A lawyer’s duty is not to his client but to the administration
inexcusable negligence on the part of the counsel. of justice; to that end, his client’s success is wholly
Canon 18, Rule 18.04 of the Code of Professional subordinate and his conduct ought to and must always be
Responsibility requires a lawyer to keep his client unscrupulously observant of law and ethics (Magsalang
informed of the status of the case and respond within a vs. People, 190 SCRA 306).
Rule 19.01 - A lawyer shall employ only fair and Rule 19.03 - A lawyer shall not allow his client to
honest means to attain the lawful objectives of his dictate the procedure in handling the case.
client and shall not present, participate in presenting
or threaten to present unfounded criminal charges to The Code warns a lawyer not to allow his client to dictate
obtain an improper advantage in any case or the procedure in handling the case. In short, a lawyer is
proceeding. not a gun for hire (Millare v. Atty. Montero A.C. No. 3283,
July 1995).
Under this Rule, a lawyer should not file or threaten to file
any unfounded or baseless criminal case or cases against Note: In matters of law, it is the client who should yield to
the adversaries of his client designed to secure a leverage the lawyer and not the other way around.
to compel the adversaries to yield or withdraw their own
cases against the lawyer's client (Fernando Martin O. Authority of a lawyer to appear for or represent a
Pena vs. Atty. Lolito G. Aparicio, A.C. No. 7298, June 25, client
2007).
Appearance
Duty to advice candidly Is the coming into court as a party either as a plaintiff or as
As officers of the court, counsels are under obligation to a defendant and asking relief therefrom.
advise their clients against making untenable and
inconsistent claims. The counsel should inform his client Presumption of authority
and dissuade him from filing the case if it is totally devoid An attorney is presumed to be properly authorized to
of merit. If he finds that his client’s cause is fairly represent any cause in which he appears in all stages of
meritorious and ripe for judicial adjudication, he should the litigation and no written authority is required to
refrain from making bold and confident assurances of authorize him to appear.
success.
The presumption is a strong one. A mere denial by a party
Duty of lawyer in case of knowledge of client’s fraud that he has authorized an attorney to appear for him, in
the absence of any compelling reason, is insufficient to
Rule 19.02 - A lawyer who has received information overcome the presumption especially when the denial
that his client has, in the course of the representation, comes after the rendition of an adverse judgment.
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and Effects of an unauthorized appearance
failing which he shall terminate the relationship with 1. Party is not bound by the attorney’s appearance in the
such client in accordance with the Rules of Court. case or by the judgment rendered therein;
2. Court does not acquire jurisdiction over the person if the
A lawyer should use his best efforts to restrain and to party has not been served with summons;
prevent his client from doing those things which he himself 3. The adverse party who has been forced to litigate as a
ought not to do, particularly with reference to the conduct defendant by the unauthorized action on the part of the
toward the court, judicial officer, witness and suitor and if attorney for the plaintiff may, on that ground, move for
the client persists in such wrong doing, the lawyer should the dismissal of the complaint; and
terminate their relation (Surigao Mineral Reservation 4. If unauthorized appearance is willful, attorney may be
Board v. Cloribel L-27072, January 1970). cited for contempt as an officer of the court who has
misbehaved in his official transactions, and he may be
He may not volunteer the information concerning the disciplined for professional misconduct.
client’s commission of fraud to anybody, as it will violate
his obligation to maintain his client’s secrets undisclosed Ratification of unauthorized appearance
(Agpalo, p.218). 1. Express: categorical assertion by client that he
has authorized a lawyer or that he confirms his
authorization to represent him in the case.
2. Implied: where a party with knowledge of the
fact that a lawyer has been representing him in a case,
Basis for attorney’s fees 11. When at least double costs are awarded which is
The fact of employment as lawyer by the client constitutes usually awarded to frivolous actions;
the legal basis of the lawyer’s right to demand payment for 12.When the court deems it just and equitable; and
his services. No formal contract is necessary to effectuate 13.A special law so authorizes
employment.
RETAINER (Two Concepts)
Requisites for the right to attorney’s fees 1. ACT of a client by which he engages the services of an
1. Existence of attorney-client relationship. attorney to render legal advice or to defend or
2. Rendition by the lawyer of services to the client. prosecute his cause in court
2. FEE which a client pays to the attorney
Two concepts of attorney’s fees
1. Ordinary: the reasonable compensation paid to the Kinds of Retainer Agreement:
lawyer for the legal services he had rendered in favor of 1. General retainer: It is the fee paid to a lawyer to secure
his client. The basis of this compensation is the fact of his future services as “general counsel” for any ordinary
employment by the client. legal problem that may arise in the ordinary business of
the client and referred to him for legal action. The client
2. Extraordinary: an indemnity for damages ordered by pays fixed retainer fees, which could be monthly or
the court to be paid by the losing party to the prevailing otherwise. The fees are paid whether or not there are
party in a litigation. The basis of this is any of the cases cases referred to the lawyer; or
authorized by law and is payable not to the lawyer but 2. Special retainer: fee for a specific case or service
to the client unless there is an agreement that the rendered by the lawyer for the client.
award shall pertain to the lawyer as an additional
compensation or as part thereof. Kinds of payment that may be stipulated upon
1. Fixed or Absolute Fee – that which is payable
The expiration of the retainer contract between the parties regardless of the result of the case
during the pendency of the labor case does not extinguish 2. Contingent Fee – that which is conditioned on the
the respondent’s right to attorney’s fees (Uy v. Gonzales securing of a favorable judgment and recovery of
A.C. No. 5280, March 2004). money or property and the amount of which may be on
a percentage basis.
Attorney’s fees as damages 3. Based on piece of work
The lawyer gets paid ONLY IF he wins the case.
General rule: Attorney’s Fees as damages is not
recoverable because it is not the fact of winning that ipso A contract for contingent fee, where sanctioned by law,
facto justifies the award but the attendance of any of the should be reasonable under all the circumstances of the
special circumstances. case including the risk and uncertainty of the
compensation, but should always be subject to the
Exceptions supervision of a court, as to its reasonableness. In the
1. There is an agreement; instant case, Attys. Roxas and Pastor received an
2. Exemplary damages are awarded; amount which was equal to forty-four percent (44%) of
3. Defendant’s action or omission in gross bad faith the just compensation paid or an amount equivalent to
compelled plaintiff to litigate; P23,980,000.00 of the P54,500,000.00. Considering
4. In criminal cases of malicious prosecution that there was no full blown hearing in the expropriation
a. Defendant was acquitted case, ending as it did in a Compromise Agreement, the
b. Person who charged him knowingly made the false 44% is, undeniably, unconscionable and excessive
statement of facts or that the filing was prompted by under the circumstances (Roxas, et al. vs. De
sinister design to vex him; Zuzuarregui, Jr., et al., G.R. No. 152072, Jan. 31,
5. Action is clearly unfounded and is so untenable that it 2006).
amounts to gross bad faith; 4. Fixed fee payable per appearance
6. Actions for support; 5. Fixed fee computed by the number of hours spent
7. Cases for the recovery of wages; 6. Fixed fee based on piece of work
8. Defendant acted in gross and evident bad faith; 7. A combination of the above arrangements or an
9. In actions for indemnity under workmen’s compensation entirely different agreement not contrary to law,
and employees liability laws; morals or public policy (Pineda, Legal Ethics, 2009,
10.In separate civil action arising from a crime; p.324).
Situations when Counsel Cannot Recover the Full Guides for determining attorney’s fees on the basis of
Amount, despite a Written Contract for Attorney’s Quantum Meruit: (TINSP2AC3)
Fees. 1. Time spent and extent of the services rendered or
1. Services are not performed; as when the counsel required
withdrew before the case is finished, except when A lawyer may charge higher fees when the case is
withdrawal is justified. complicated and requires more time and effort.
2. Justified dismissal of the attorney. Payment will be 2. Importance of subject matter
based on quantum meruit (Cristobal vs. Ocson, 44 Phil The more important the subject matter or the bigger the
489). value of the interest of property in litigation, the higher is
3. Stipulated Attorney’s fees are unconscionable(Cruz the attorney’s fees.
vs. CIR, 8 SCRA 826). 3. Novelty and difficulty of questions involved
4. Stipulated Attorney’s fees are in excess of what is 4. Skill demanded of a lawyer
expressly fixed by law; under the Labor Code, A lawyer of great skill justifies a higher fee than an
Attorney’s fees cannot exceed 10%. ordinary practitioner.
5. When the lawyer is guilty of fraud or bad faith toward 5. Probability of losing other employment
his client in the matter of his employment (Medina vs. A lawyer may charge a higher fee if by reason of his
Bautista, 12 SCRA 1). retention as counsel by a client, he loses the chance of
6. Counsel’s services were worthless because of his employment by the opposite party because of the
negligence (Delos Santos vs. Palanca, 8 SCRA 765). prohibition against representing conflicting interests.
7. Contract of employment is illegal. 6. Customary charges for similar services and schedule
8. Serving adverse interest, unless he acted with the fees of IBP
consent of both parties. 7. Amount involved in the controversy and benefits
resulting to the client from the service
QUANTUM MERUIT 8. Contingency or certainty of compensation
This means as much as the lawyer deserves or such
amount as his services merit; fixed by the court (Agpalo, 9. Character of employment
Comments on Code of Professional Responsibility and A lawyer generally charges a higher fee from a
the Code of Judicial Conduct, 2004, p. 285). casual client than from a constant client.
The principle of quantum meruit applies if a lawyer is 10.Professional standing of the lawyer.
employed without a price agreed upon for his services in
which case he would be entitled to receive what he merits Attorney’s liens
for his services, as much as he has earned (Quilban vs.
Robinol, A.M. No. 2144, April 10, 1989). Charging lien
An equitable right to have the fees and lawful
Rationale: To prevent undue enrichment disbursements due a lawyer for his services in a suit
secured to him out of the judgment for the payment of
Some instances of recovery of attorney’s fees on the money and executions issued in pursuance thereof in the
basis of Quantum Meruit (FUN-DDV) particular suit(Bacolod Murcia Milling Co. v. Hernaes, 107
1. There is no express contract for payment of attorney’s Phil. 16, 1936).
fees agreed upon between the lawyer and the client;
2. When although there is a formal contract for attorney’s A charging lien, to be enforceable as a security for the
fees, the fees stipulated are found unconscionable; payment of attorney’s fees, requires as a condition sine
3. When the contract for attorney’s fees is void due to qua non a judgment for money and execution in
purely formal defects of execution; pursuance of such judgment secured in the main action by
4. When, for justifiable cause, the lawyer was not able to the attorney in favor of his client (Metrobank v. CA G.R.
finish the case; No.86100-03, January 1990).
5. When the lawyer and the client disregarded the contract
for fees (Rilloraza et al. v. Eastern Telecommunications Requisites for enforceability of charging lien (CAMS2)
Phils. Inc. et al., G.R. No. 104600, July 2, 1999); and 1. An attorney-client relationship;
6. When the client dismissed his counsel before the 2. The attorney has rendered services;
termination of the case (Agpalo, Legal and Judicial 3. Favorable money judgment secured by the counsel for
Ethics, p. 389). his client;
Whatever a lawyer receives from the opposite party in the Compensation to which a lawyer is entitled to
service of his client belongs to the client, in the absence of depending on his capacity
client’s consent. 1. Counsel de Parte – He is entitled to the reasonable
attorney’s fees agreed upon, or in the absence thereof,
Exception: A lawyer may receive compensation from a on quantum meruit basis.
person other than his client when the latter has full 2. Counsel de Oficio– The counsel may not demand from
knowledge and approval thereof (Rule 138, Sec. 20 e). the accused attorney’s fees even if he wins the case.
He may, however, collect from the government funds, if
Enforcement of attorney’s fees available based on the amount fixed by the court.
3. Amicus Curiae– not entitled to attorney’s fees.
Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort Duty of confidentiality
to judicial action only to prevent imposition, injustice
or fraud. CANON 21: A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
General rule AFTER THE ATTORNEY-CLIENT RELATION IS
A lawyer should avoid the filing of any case against a TERMINATED.
client for the enforcement of attorney’s fees.
The lawyer’s duty to maintain inviolate his client’s seeking legal advice from his attorney as to his legal rights
confidence is perpetual. or obligations (Agpalo, 2009, p.275).
Rule 21.01 - A lawyer shall not reveal the confidences
or secrets of his client, except:
1. When authorized by the client after acquainting him Requirement of lawful purpose
of the consequences of the disclosure; For a communication to be privileged, it must be for a
2. When required by law; lawful purpose or in furtherance of a lawful end. The
3. When necessary to collect his fees or to defend existence of an unlawful purpose prevents the privilege
himself, his employees or associates or by judicial from attaching (People v. Sandiganbayan, 275 SCRA
action. 520).
Evidentiary privilege: All of the elements inherent in the Note: The assignee of the client’s interest may assert the
rule must concur to make the communication privileged privilege as far as the communication affects the
against disclosure. realization of the assigned interest. After the client’s death,
his heir or legal representative may assert the Attorney-
Purposes client privilege as against a stranger to the estate but NOT
1. To encourage a client to make a full disclosure of the where the controversy is among the claimants of the
facts of the case to his counsel without fear; and estate of the client (Agpalo, Legal and Judicial Ethics,
2. To allow the lawyer freedom to obtain full information 2009, p. 277).
from his client.
Form or mode of communication covered Exceptions to the privilege (C/W-LPC)
Article 1. Oral statements 1. When there is consent or waiver of client;
Article 2. Written statements General rule: ONLY the client can waive the privilege.
Article 3. Actions, signs or other means of Exception: When the person to be examined is the
communication attorney’s secretary, stenographer or clerk, in which
Article 4. Those transmitted by any form of agency, case the consent of the lawyer is also necessary.
such as through messenger or interpreter
(Agpalo, Legal and Judicial Ethics, 2009, p. 276). Waiver cannot be made partially. A waiver in part is a
waiver in whole for a client may not remove the seal of
Retainer fee not necessary confidentiality for his advantage and insist that it be
Payment of a retainer fee is NOT essential before an privileged as to so much as makes to the disadvantage
attorney can be required to safeguard a prospective of his adversary (Orient Ins. Co. v. Revilla, 54 Phil. 919,
client’s secret acquired by the attorney during the course 1930).
of consultation with the prospective client, even if the 2. When the law requires disclosure;
attorney did not accept the employment. 3. When disclosure is made to protect the lawyer’s rights
(i.e., to collect his fees or defend himself, his employees
Requirement of seeking legal advice or associates or by judicial action); and
The essence of the veil of secrecy is that the 4. When such communications are made in contemplation
communication is intended by the client NOT for the of a crime or the perpetuation of a fraud.
information of a third person but for the purpose of
Withdrawal of services He may also retire at any time from an action or special
proceeding, without the consent of his client, should the
CANON 22: A LAWYER SHALL WITHDRAW HIS court, on notice to the client and attorney, and on hearing,
SERVICES ONLY FOR GOOD CAUSE AND UPON determine that he ought to be allowed to retire (Rule 138,
NOTICE APPROPRIATE IN THE CIRCUMSTANCES. Sec. 26, RRC).
The rule in this jurisdiction is that a client has the absolute The lawyer has no right to presume that his petition for
right to terminate the attorney-client relation at any time withdrawal will be granted by the court. Until his
with or without cause. The right of an attorney to withdraw withdrawal shall have been approved, the lawyer remains
or terminate the relation other than for sufficient cause is, counsel of record who is expected by his client as well as
however, considerably restricted (Orcino v. Gaspar, A.C. by the court to do what the interests of his client require.
No. 3773, September 24, 1997). He must still appear on the date of hearing for the
attorney-client relation does not terminate formally until
Termination of attorney client relationship there is a withdrawal of record (Orcino v. Gaspar, A.C. No.
1. Withdrawal of lawyer under Rule 22.01 3773, September 1997).
2. Death of lawyer
3. Death of client Acceptance of incompatible office
4. Discharge by client A lawyer who accepts public office ceases, by operation of
5. Appointment or election of a lawyer to a government law, to engage in private law practice and becomes
position which prohibits the practice of law disqualified from continuing to represent a client in those
6. Full termination of the case cases which the law prohibits him from doing so or
Note: Lawyer should question his discharge, otherwise he A lawyer who refuses to return documents or receipts until
will only be allowed to recover on uantum meruit basis. his fees agreed upon have been paid is NOT guilty of
malpractice (Dauz vs. Fontanosa 9 SCRA 14).
Limitations of Client’s Right to Discharge His Counsel
1. Client cannot deprive counsel of his right to be paid for But the retaining lien is dependent upon possession and
services rendered if dismissal is without cause; does not attach to anything not in attorney's hands. The
2. Client cannot discharge counsel as an excuse to secure lien exists only so long as the attorney's retains
repeated extensions of time; and possession ends (Rustia vs. Abeto 72 Phil. 133).
3. Notice of discharge required in so far as court and
adverse party are concerned. Thus, the retaining lien does not attach to funds,
Insofar as the court and other party are concerned, the documents and papers which come into the lawyer’s
severance of the relation of attorney and client is NOT possession in some other capacity. (Sarmiento vs.
effective until a notice of discharge by the client or a Montagne, 4 Phil. 1, 1959).
manifestation clearly indicating that purpose is filed with
the court and a copy thereof served upon the adverse
party.