4.
Any and all pleadings, motions, briefs, memoranda or
LEGAL ETHICS MIDTERMS REVIEWER
Practice of Law
- activity, in or out of court, w/c requires application of law,
legal procedure, knowledge, training, and experience
- not limited to conduct of cases in court
Essential Criteria: (H-A-C-A)
1. Habituality
2. Application of law, legal principle, practice or procedure
3. Compensation
4. Atty. - Client Relationship
As a Privilege
A lawyer owes substantial duties not only to his client, but
also in the profession, to the courts, and to the nation; no once can
be prevented from practicing it except for valid reasons.
As a Profession (not as a business)
1. A duty of public service, of w/c the emolument is a by-
product
2. A relation as officer of the court to administer justice w/
sincerity, integrity, and reliability
3. A relation to client in the highest degree fiduciary (trust)
4. A relation to colleagues at the bar with candor (honesty)
Lawyer’s Oath
I, (name), do solemnly swear that I will maintain
allegiance to the Republic of the Philippines, I will obey the laws as
well as the legal orders of the duly constituted authorities therein; I
will do no falsehood nor consent to the doing of any in court; I will
not wittingly or willingly promote or sue any groundless, false, or
unlawful suit, or give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyers
according to the best of my knowledge and discretion with all good
fidelity as well to Court as to my clients, and I impose upon myself
these voluntary obligations without any mental reservation or
purpose of evasion, so help me God.
Legal Ethics
- branch of moral science of w/c treats the duties w/c an atty.
owes to the court, to his client, to the profession, and to the
public
- embodiment of principles of morality and conduct
Qualifications for Admissions to the Bar: (Rule 138, Sec. 1, RoC)
1. Citizen of the PH
2. Resident of the PH
3. At least 21 y/o
4. A person of good moral character
5. Must show that no charges against him involving moral
turpitude, are filed or pending in court
6. Possess the required education qualifications
7. Pass the bar exams
Appearance of non-lawyers: (Rule 138-A)
1. Law student who has successfully completed his 3 rd yr of
the regular 4-year prescribed law curriculum
2. Enrolled in a recognized law school’s clinical legal
education program approved by SC
3. Under direct supervision and control of a member of IBP
duly accredited by the law school
other papers to be filed, must be signed by the supervising
atty. for and in behalf of the legal clinic.
Public Officials and Practice of Law
General Rule: The appointment or election of an atty. to a gov’t
office disqualifies him from engaging in the private practice of law.
Exceptions:
I. Absolute Prohibition
1. Judges and other officials and employees of the
courts
2. Officials or employees of Sol. Gen.
3. Gov’t prosecutors
4. Pres., Vice-Pres., and members of the Cabinet and
their deputies and assistants
5. Member of the Con. Com.
6. All governors, city and municipal mayors
II. Relative Prohibition
1. They shall not appear as counsel in a civil case
where adverse party is the LGU or instrumentality of
gov’t.
2. Shall not use property and personnel of gov’t
3. Former gov’t atty cannot, after leaving gov’t service,
accept engagement in connection w/ any matter in
w/c he had intervened while in the said service.
Sanctions for Practice or Apearance w/o Authority:
1. Contempt of Court
2. Estafa
3. Criminal and/or Admin. Liability
4. Disbarment or Suspension
Ambulance Chasing - atty’s practice of soliciting business from
accident victims or their families at the scene of an accident or
disaster
Evils Spawned by Ambulance Chasing:
1. Fomenting (Encouraging) of litigation w/ resulting burdens
on the courts and the public
2. Subordination (Support) of perjury
3. Mulcting (Defraud) of innocent persons by judgments
upon manufactured causes of actions
4. Defrauding of injured persons having proper causes of
action but ignorant of legal rights and court procedure
Barratry - lawyer’s act of fomenting suits among individuals and
offering his legal services to one of them for monetary purposes
CANON 20 - A lawyer shall charge only fair and reasonable fees.
Concept of Attorney’s Fees:
1. Ordinary - reasonable compensation paid to lawyers for
the legal services he had rendered in favor of his client.
Basis of compensation: Fact of Employment by the client.
2. Extraordinary - indemnity for damages ordered by the
court to be paid by the losing party to the prevailing party
in a litigation cases authorized by law; paid not to the
lawyer but to the client UNLESS there is an agreement that
the award shall pertain to the lawyer.
The Rules of Court provides under Rule 138, s. 24 only 3 factors:
a. the importance of the subject matter of controversy
b. the extent of the services rendered
 c. the professional standing of the atty.
Quantum Meruit - “as much as he has deserved”; how much work
you have put in.
Attorney’s Lien (Sec. 37, RoC)
- he shall have alien upon the funds, documents and papers
of his client w/c have lawfully come into his client w/c
have lawfully come into his possession and may retain the
same until his lawful fees and disbursements have been
paid, and may apply such funds to the satisfaction thereof.
Purpose: To insure payment of his professional fees and
reimbursement of his lawful disbursements and advances in keeping
w/ his duty as officer of court.
Retaining Lien
- right of an atty. to retain the funds, docs, papers w/c
lawfully come into his possession until his lawful fees have
been paid.
- a preliminary fee paid to ensure and secure a lawyer’s
future services
Charging Lien
- the right w/c an atty. has upon all judgments for the payt of
money, and execution in pursuance of such judgments,
obtained in favor of the client, to secure reimbursement for
advances made and payt of atty’s fees.
9. Conviction for a crime and imprisonment of the lawyer
Rule 22.01. A lawyer may withdraw his services in any of the ff
case: (Im-In-Ina-Me-Fa-El-O)
a. Client pursues immoral/illegal conduct
b. Client insists that lawyer pursue conduct violative of
canons
c. Inability to work w/ co-counsel will not promote the best
interest of the client
d. Mental or physical incapability of the lawyer
e. Client deliberately fails to pay fees
f. Lawyer is elected/appointed to public office
g. Other similar cases.
Warning - act of putting one on his guard against an impending
danger, evil consequences or penalties
Admonition - gently/friendly reproof, warning or reminder,
counseling; not considered penalties
Reprimand - more severe in nature; public and formal censure or
severe reproof
Suspension - temporary withholding lawyer’s right to practice for a
certain or indefinite period
Disbarment - act of SC in withdrawing an atty. the right to practice

Acceptance Fees Where initiated Dismissed How to act on the Complaint

- fee charged by a lawyer for accepting the case. Outright?
- he is foregoing prospective work for the party. Supreme Court Yes 1. Dismiss
Rationale: He loses opportunity to handle the case for the opposing 2. Refer to the IBP for formal
party. investigation on IRR
3. Decide based on the
Contingent Fees submissions
- one w/c stipulate that the lawyer will be paid for his legal IBP No 1. Recommend dismissal; if
services only if the suit or litigation ends favorably to the based on lack of merit  SC
client. 2. Formal Investigation;
comment pre-conference
CANON 21 - A lawyer shall preserve the confidence and secrets of What charge if sufficiently proven? DISHONESTY
his client even after the atty-client relation is terminated.
Characteristics of Disbarment Proceeding:
Confidence - refers to info. by the atty-client privilege. a. Neither a civil nor a criminal proceeding
b. Double jeopardy cannot be availed of
Secret - refers to the other info. agained in the professional c. Can be initiated motu proprio by SC or IBP
relationship that the client has regulated to be held inviolate or the d. Imprescriptible
disclosure of w/c would be embarrassing or would likely be e. It is itself due process of law
detrimental to the client. f. Confidential until final determination
When is disclosure allowed: (Rule 21.01, Canon 21, RoC) Grounds for Suspension or Disbarment:
a. When authorized by the client after acquainting him of the 1. Deceit
consequences of disclosure. 2. Malpractice, or other gross misconduct
b. When required by law. 3. Grossly immoral conduct
c. When necessary to collect his fees or to defend himself, his 4. Conviction of a crime involving moral turpitude
employees or associates of by judicial action. 5. Violation of oath
6. Willful disobedience of any lawful order
Termination of Attorney-Client Relationship: (W- D2-A-F-D2-I-C) 7. Corrupt or willful appearance to a case w/o auth. to do so
1. Withdrawal of the lawyer under Art. 22.01
2. Death of the lawyer, unless it is a firm where other lawyer Main Objectives of Disciplinary Action:
can continue the case 1. to compel atty to deal fairly and honestly
3. Death of the client 2. to remove those who are unfit
4. Appointment of a lawyer to a govt position w/c prohibits 3. to punish & to safeguard the administration of justice
private practice of law 4. to protect the public
5. Full termination of the case 5. to set an example or warning
6. Disbarment or Suspension
7. Declaration of presumptive death of the lawyer
8. Intervening incapacity or incompetency
Reinstatement - restoration to a disbarred lawyer the privilege to
practice law.

Considerations of Reinstatement: Jurisdiction of Notary Public & Place of Notarization

1. applicant’s character and standing prior to disbarment General Rule: Only in his regular place of work or business.
2. nature/character of the misconduct Exception: (provided that it is still within territorial jurisdiction of
3. his conduct subsequent to disbarment the court that issued notarial commission)
4. the time elapsed 1. Public offices, convention halls where oaths of office are
5. applicant’s appreciation of his dereliction (irresponsibility) administered
6. favorable endorsement of IBP, pleas of his loved ones 2. Public function areas used for the signing of instruments or
documents requiring notarization
Notary Public - person commissioned to perform acts of: 3. Hospital where a party to an instrument is confined for
1. Acknowledgements treatment
2. Oath & Affirmation 4. Any place where a party is under detention.
3. Jurats
4. Signature witnessing Mandatory Continuing Legal Education (MCLE)
5. Copy certification, etc.
6th Compliance Period  April 14, 2019
Qualifications of a Notary Public:
1. Must be a citizen of the PH Purpose of MCLE:
2. At least 21 y/o 1. To keep abreast w/ law and jurisprudence
3. 1 yr residency and maintained regular work in the city or 2. To maintain the ethics of the profession
province where commission is to be issued 3. To enhance the standards of practice of law
4. Member of the Phil. bar
5. Must not have been convicted in the 1 st instance of any Subject No. of Hours
crime involving moral turpitude 1. Legal Ethics At least 6 hours
2. Trial & Pre-trial Skills At least 4 hours
Term of Office (Rule 3, s. 11, RoC) 3. Alternative Dispute Resolution 5 hours
Granted by an executive judge after petition of a lawyer, 4. Updates on Substantive and Procedural 9 hours
and is good for 2 years commencing on the first day of January of Law & Jurisprudence
the year in w/c the commission is made UNLESS earlier revoked or 5. Legal Writing & Oral Advocacy 4 hours
has resigned. 6. Int’l law & Int’l Convention 2 hours
7. Other subjects prescribed 6 hours
Certification of a Deed: TOTAL 36 hours
1. All the parties therein personally appeared before him  Every 3 years, 36 hours shall be completed
2. Personally known to him
3. Same person who executed the instrument Good Cause of Exemption in MCLE:
4. Notary public inquired into the voluntariness and due 1. Physical disability
execution of the instrument 2. Illness
5. Acknowledgement 3. Post-graduate study abroad
4. Proven expertise in law
Grounds for Violation of the Commission of a Notary Public:
1. Failure to keep a notarial register Sanctions for Non-Compliance:
2. Failure to make proper entry as required by law 1. Non-Compliance fee (Rule 13, s. 1, RoC)
3. Failure of the notary to send copy of the entries to the 2. Listing as delinquent member
proper clerk of RTC  failure to comply after 60 days for compliance
4. Failure to affix date of expiration of his commission, as 3. Accrual of membership fee against a delinquent member
required by law
5. Failure to make proper notation regarding CTC
6. Failure to make report to RTC judge concerning
performance of his duties
7. Failure to forward his notarial register when filled to the
court

Disqualifications:
1. If notary public is personally a party to the instrument
2. If he will receive a commission or fee in excess of what is
provided in these rules
3. If notary is a spouse, common-law partner, ancestor,
descendant or relative by affinity or consanguinity of the
principal up to 4th degree