inherently understood that they can
Class Notes also disbar.
Legal and Judicial Ethics
September 2, 2023
Legal profession
- Not a business
- Primary purpose is public service.
- Money is just the by-product, not the
primary purpose.
- An officer of the court assists the courts
in the administration of justice.
- Concerted effort between court and
lawyer to achieve justice.
- Branch of administration of justice.
- Business cannot practice law, but law
firms are not commercial partnership,
which the sole purpose is to practice
law.
- Law firms would incorporate to dodge
liabilities which is unethical.
Fiduciary relation to client
- Trust and confidence
- At any time, a client can fire a lawyer on
the basis of the lost of trust and
confidence.
- Trust and confidence is necessary,
unlike business.
Candor, fairness to colleagues in the bar
- No stealing of clients or customers,
unlike business.
- No crushing of competition.
Supreme Court
- Since has the power to admit to the bar,
then even not stated in the statute, it is
Sources of Legal Ethics
- A lawyer cannot charge fees for legal
services rendered to an estate or
property, to avoid conflict of interest.
You can but must not charge, or hire
other lawyers for the legal services.
(Sec. 7, Rule 85, Rules of Court).
- Check notes lol
- Art. 1491 paragraph 6 civil cod
CPRA
Retroactive effect – retro
Prospective effect – forward
Repealing Clause – repealed old code
Effectivity Clause – shall take effect on arpil 11
2023 and published in the official gazette
Bar Admission – process by which one is
admitted to the Philippine Bar in a certain
jurisdiction andsdljklasdlkjasdkjasd
Qualifications
- Age of 18 is maturity, gaining legal
capacity.
- Petition to take the bar is a judicial
action, a case. In RE;
- Attach to the petion, testimonials of 3
lawyers, they must know you as a
person w/ good moral character and no
impediments. Can be related to them
- Why lawyers? under code of ethics,
lawyers have the duty to protect the
bar from applicants who are
unqualified.