FLORENDO, ALDWIN Q.

JD-1B Assignment: Basic Legal and Judicial Ethics

Canon 13 – Rely upon the merit of his cause; Refrain impropriety to influence or give
appearance of influencing the court.
In handling matters brought before the court, a lawyer must rely on the merits of his
causes and avoid using influence and connections. His cases should be won because they
are meritorious and not because of connections, influence, or dominance. The court being
the venue to administer justice must not be tainted with impartiality.
Example: A lawyer, without really any valid and compelling reason, filed a Motion for
Extension in a court where the judge was known to be his former undergraduate classmate.
While various circumstance may constrain a lawyer to file a Motion for Extension, he must
not presume that his motion to extend time will be granted just because the judge was her
former classmate. The granting of motion still lies in the sound discretion of the court.

 Rule 13.01 – Not to extend extraordinary attention nor seek opportunity for
cultivating familiarity with judges.
The judges and lawyers must protect their good name and reputation at all times.
Extraordinary attention and opportunity to cultivate familiarity may subject both the
judge and the lawyer to suspicion. Upon meeting the judge in places outside the
perimeter of the courts, a lawyer should refrain from communicating the merits of a
pending case with the judge handling the same.
Example: The practice of lawyers making judges as godfathers of their children to
enhance and cultivate their influence and law practice should be avoided by both
lawyers and judges.

 Rule 13.02 – Not to make public statements in the media regarding pending
case.
To preserve the independence of the judges in the performance of their duties, any
comments and disclosures from the members of the bar and bench, litigants,
witnesses and the public in general, including media, pertaining to the pending judicial
proceedings must be restricted – sub-judice rule. A lawyer should not engage with
the media to publicly offer sentiments to stir up favorable public opinion from the public
regarding his pending case. Moreover, public opinion must be given no place in a
trial to negate possibility of undue influence prejudicial to the accused’s right to a fair trial.
Example: A lawyer who happened to be an anchor in a certain television program
must not use the media platform in order to gain the side of the general public in a pending
case where he is the counsel. Having the ability to influence, unfavorable public
opinion and criticisms to the opposing party and even to the court may arouse as a
consequence of the lawyer’s act of publicly discussing pending cases through media.

 Rule 13.03 – Not to invite interference by another branch or agency of the

government in the judicial proceedings
In the normal course of judicial proceedings, a lawyer should not employ assistance
nor invite interference from the executive and legislative department of the

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FLORENDO, ALDWIN Q. JD-1B Assignment: Basic Legal and Judicial Ethics

government. A lawyer should refrain from bringing his case in venues other than the
proper courts. To exhibit separation of powers, the executive and legislative
department should not encroach with the judicial power solely vested to the judiciary.
Example: A lawyer filed in the Office of the President a so-called complaint against
the justices of Supreme Court for their alleged biases and ignorance of the law. The
executive department not being vested with judicial power cannot pass judgment on
such matter. The lawyer interfering with the Office of the President for possibility of
influence was obviously not in the proper venue.

Canon 14 – Not to refuse services to the needy

With the lawyer’s duty to defend the defenseless or oppressed, a lawyer, therefore,
should not refuse his legal services to the needy. The poor and the indigent should not be
further be disadvantaged by the lack of access to the country’s legal system. Further,
Section 20(H) of Rule 138 of the Rules of Court stated that it is the duty of an attorney to
never reject, for any consideration personal to himself, the cause of the defenseless or
oppressed. With reference to BM No. 2012 or the Rule on Mandatory Legal Aid Services for
Practicing Lawyers, every lawyer is required to render a minimum of sixty hours of free legal
aid services (pro-bono) to indigent litigants in a year.
Example: An indigent fisherman being injured and had his small fishing boat
damaged after being hit by a fishing vessel of a manufacturing company is seeking legal
services of an attorney for which the attorney cannot just refuse due to personal reasons.

 Rule 14.01 – Not to decline representing a person solely on account of race,

sex creed, status of life, or opinion regarding the guilt
The administration of justice does not discriminate against anyone on grounds of
nationality, sex, religion, status of life or on attorney’s reliance of his own opinion
regarding the guilt of a person needing legal services. Regardless of lawyer’s
personal feelings, he should not decline representation because a client or cause is
unpopular or the community reaction is adverse. The law presumes every accused as
innocent and he is entitled to acquittal unless his guilt is proved by procedure
recognized by the law.
Example: A person whom the public believes is guilty of a crime come to the lawyer’s
office asking the lawyer’s representation as counsel before the court. In such matter,
a lawyer cannot just decline the needs of legal aid of the said person on account that
he might be guilty of the charge. The court being the venue for administration of
justice cannot unjustly deny a person to be heard just because of the lawyer’s personal
reasons and preferences.

 Rule. 14.02 – Not to decline appointment as counsel de oficio, amicus curiae,

or request for rendition of free legal aid
As client-attorney relationship may be created by appointment, not by agreement
alone, a lawyer is bound to render the required service as counsel de oficio or
amicus curiae unless he is excused by the court upon sufficient cause shown. A
counsel de oficio is expected to do his utmost as an opportunity to assist in the proper

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FLORENDO, ALDWIN Q. JD-1B Assignment: Basic Legal and Judicial Ethics

administration of justice that his mere presence in the court is not enough. An amicus
curiae or “a friend of the court” likewise serves without compensation. He interposes

or volunteers information upon some matter of law in regard to which the judge may
be doubtful or might go wrong.

 Rule 14.03 – Valid grounds to refuse representation of an indigent client

While a lawyer is not obliged to act as legal counsel for any person who may wish to
become his client, he has the right to decline employment. However, with the
exception that a lawyer shall not refuse his services to the needy he is expected to
represent indigent clients seeking legal services. Only for sufficient and serious causes
that the lawyer (1) lacks competence and (2) conflict of interest is imminent, he may
refuse representation of an indigent client.
Example: An indigent fisherman being injured and had his small fishing boat
damaged after being hit by a fishing vessel of a manufacturing company is seeking
legal services of a certain lawyer. Record shows that the manufacturing company who
rammed the fisherman’s boat was a former client of the same lawyer who acted as
counsel of the company for the same controversy. Here, conflict of interest being present,
the lawyer can validly refuse his representation for the indigent client but the lawyer must
address the fisherman to other competent offices such as PAO or IBP who may cater
his legal concern.

 Rule 14.04 – Observe the same standard of conduct for all clients regardless of
their ability to pay
The amount of attorney’s fees or the financial ability to pay should not serve as a test
to determine the extent of the lawyer’s devotion and the manner he will attend to his
client’s cause. Accepting the cause of a person unable to pay professional fees, a
lawyer is expected to display the same utmost diligence, effort and professional
responsibility in dispensing justice to his paying clients. It is not enough to say that
indigent litigants should be assured of legal representation, they deserve quality
representation as well. While financial capacity of the clients may differ significantly,
their causes in seeking legal aid and the justice they foresee at the end of the
engagement are standing on the same level. Further, as stated in lawyer’s oath, a
lawyer is bound not to delay any man’s cause for money or malice.
Example: A lawyer is handling a case of multi-millionaire company where he is the
counsel and a case of an indigent person where volunteered his legal services. The
lawyer should represent both the paying and non-paying clients in the same standard
of conduct. He should not sacrifice his time and effort needed in the case of indigent
client just to perfect his preparation for the case of the multi-millionaire company.

Canon 15 – Observance of candor, fairness and loyalty in all dealings with the clients
With the established attorney-client relationship, a lawyer shall observe candor,
fairness and loyalty in all his dealings and transactions with his clients. In his dealings with
his client, a lawyer must conduct himself with integrity to protect the interest of his client. A

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FLORENDO, ALDWIN Q. JD-1B Assignment: Basic Legal and Judicial Ethics

lawyer being the advocate of client’s cause must portray sincerity in all aspects of attaining
favorable decision, faithfulness to his duty by exerting necessary efforts, and negate from
being unjustly benefited on the matter brought by the client. The lawyer must observe an
open book for concerns significantly related and affecting the client’s pending case.
Example: A client residing in a different province from his lawyer deserves to be fully
updated regarding his pending case. All issuances, procedures and decisions of the courts
relevant to the case must be communicated to the client in a timely manner, whether
favorable or not. The lawyer must relay to the client all possible means needed to employ
and produce in order for the case be favorably decided on their side. Considering the lawyer
was fully paid of his professional services, he cannot unjustly refrain attending to dealings
and transactions necessary for the pending case of the client.

 Rule 15. 01 – Ascertain a prospective client whether the matter would involve a
conflict with another client or lawyer’s own interest

It is the duty of a lawyer to honestly disclose and explain to a prospective client all
circumstances of his relations to the parties and any interest in connection with the
controversy. A lawyer’s honest judgment and sentiment might influence the client in
selecting a counsel. Intentional failure to disclose matters material to the prospective
client is tantamount to concealing matters just for the sake of employment. A lawyer
should decline professional employment even though how attractive the fee offered
may be if its acceptance will involve a violation of any of the rules of the legal
profession.

 Rule 15.02 – Rule on privileged communication in respect of matters disclosed

by a prospective client

This rule makes the lawyer “bound by the rule on privileged communication in
respect of matters disclosed to him by a prospective client.” Any matter disclosed by
a prospective client to a lawyer are protected by the rule on privileged communication
even if the prospective client did not conclude to retain the lawyer or the latter
declines the employment. Having reposed with trust and confidence, the prospective
client has the thought that he can freely discuss whatever he wishes with the lawyer
without fear. The lawyer should not divulge or used against the prospective client the
information he obtained in case the lawyer did not gain employment.

 Rule 15.03 – Non-representation of conflicting interests except by written

consent of all concerned given after a full disclosure of the facts

The client’s confidence must be protected thus double-dealing must be avoided. The
rule explicitly narrated that a lawyer is prohibited from representing new clients
whose interests oppose those of a former client in any manner. The attorney-client
relationship is grounded on the obligation of loyalty. Throughout the course of the
engagement, the lawyer gathers knowledge and information which must be treated
confidential and guarded with care. Lawyer’s representation of conflicting interests
constitutes malpractice, unless consented. The representation by a lawyer of
conflicting interests, in the absence of written consent of all parties concerned given
after a full disclosure of the facts constitutes professional misconduct which subjects
the lawyer to disciplinary action.

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FLORENDO, ALDWIN Q. JD-1B Assignment: Basic Legal and Judicial Ethics

 Rule 15.04 – Act as mediator, conciliator or arbitrator in settling disputes

This rule allows a lawyer to act as mediator, conciliator or arbitrator in settling

disputes after gaining written consent of all concerned. Having obtained knowledge
and information of both parties regarding the dispute brought upon, the lawyer can
effectively as mediator to not escalate the matter to the court. The lawyer’s
knowledge of the law and his reputation for fidelity may make it easy for the
disputants to settle their differences outside the perimeter of the court. However, the
lawyer shall not act as counsel for any of them, otherwise the rule prohibiting
representation of conflict of interests will apply.

 Rule 15.05 – Give a candid and honest opinion on the merits and probable
results of the client’s case

Client’s case may be decided favorable on his side or the other way around. But
regardless of where it is leading, it is of great importance that the lawyer must not
sugar-coat his opinion on the merits of the case. If the lawyer finds the case to be
defenseless, he should inform and dissuade his client or advise the client to
compromise or submit. But if the lawyer finds that the lawyer’s cause is fairly
meritorious, he should refrain from making confident assurances of success. Neither
overstating nor understating the prospects of the case is of help in administering the
cause of the client, the lawyer is bound to his candid and honest opinion.

 Rule 15.06 – Not to imply ability to influence public official, tribunal or

legislative body

A lawyer is bound to employ all legal and necessary means to the appropriate
dispensing of justice for his client but such does not permit a lawyer to undertake
influence-peddling. The court being the proper venue for judgment of cases must be
independent and free of any influence of certain public official, tribunal or legislative
body. Undertaking influence-peddling is considered to be unethical and may
constitute violation.

 Rule 15.07 – Impress the client upon compliance and principles of fairness

A counsel must be a counsel of propriety. Lawyers being viewed as knowledgeable

of the law of the land must influence his client to comply with appropriate practices
and attach himself to the principle of fairness. A lawyer should inculcate to his client
all the propriety for the pending case. A lawyer should use his best efforts to restrain
and to prevent his client from doing those things which he himself ought not to do,
particularly with reference to the conduct toward the court, judicial officer, witness
and suitor; and if the client persists in such wrongdoing, the lawyer should terminate
their relation.

 Rule 15.08 – Make clear to client whether a lawyer is acting as one or in

another capacity
A practicing lawyer may lawfully engage in any other lawful occupation or business.
In his dealings with a party in business, he is under no greater obligation to the party
than a person not an attorney would be. Rule 15.08 of the Code requires that a “lawyer
who is engaged in another profession or occupation concurrently with the practice of law
shall make clear to his client whether he is acting as a lawyer or in another capacity,”

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FLORENDO, ALDWIN Q. JD-1B Assignment: Basic Legal and Judicial Ethics

especially in those occupations which are related to the practice of law. The reason is
that certain ethical considerations governing the attorney-client relationship may be
operative in one and not in the other.
Canon 16 - Hold in trust all money and properties of his client that may come to his
possession
This canon mandates that a lawyer shall hold in trust all moneys and properties of his
client that may come into his possession. As an officer of the court, he He shall account for
all money or property collected or received from his client and shall deliver the funds and
property of his client when due or upon demand.

Canon 17 – Fidelity to the cause of the client; Mindful of the trust and confidence
reposed.
As particularly stated in lawyer’s oath that, “I will not delay any man’s cause for
money or malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to the court as to my clients”, a lawyer should
attend to the causes of client with utmost diligence, care, devotion, and faithfulness to his
duty. The client implies their trust and confidence to the lawyer upon the commencement of
the lawyer-client relationship. In such moment, a lawyer should act with full competence in
handling the case and display the fidelity he owed to the causes of his client.
Example: A client who come to a lawyer for the declaration of nullity of his marriage
must be attended with fidelity to protect the client’s interest or cause. The lawyer is expected
to carry out all necessary actions to arrive with a favorable outcome. Vested with trust and
confidence, the lawyer must not divulge to the other party any relevant information he
obtained from the client filing for nullity, or worse, he should not be a counsel of the opposing
party.