Canon 8 and its corresponding rules establish guidelines for how lawyers should conduct themselves with professional colleagues. Lawyers must treat opposing counsel and colleagues with courtesy, fairness, and candor. They should not use abusive, offensive, or improper language in professional dealings. A lawyer cannot directly or indirectly take clients from another lawyer but may advise clients seeking relief from unfaithful or neglectful counsel.
Canon 8 and its corresponding rules establish guidelines for how lawyers should conduct themselves with professional colleagues. Lawyers must treat opposing counsel and colleagues with courtesy, fairness, and candor. They should not use abusive, offensive, or improper language in professional dealings. A lawyer cannot directly or indirectly take clients from another lawyer but may advise clients seeking relief from unfaithful or neglectful counsel.
Canon 8 and its corresponding rules establish guidelines for how lawyers should conduct themselves with professional colleagues. Lawyers must treat opposing counsel and colleagues with courtesy, fairness, and candor. They should not use abusive, offensive, or improper language in professional dealings. A lawyer cannot directly or indirectly take clients from another lawyer but may advise clients seeking relief from unfaithful or neglectful counsel.
A lawyer shall at all times uphold the integrity and dignity of
the legal profession and support the activities of the Integrated Bar. Facts: A deed of absolute sale was notarized by the father of the buyer-minor who is also the stockholder and legal counsel for the vendor and was not duly commissioned as notary public of that date. (Nunga vs. Viray, Adm. Case No. 4758, April 30, 1999)
Ruling: A lawyer brings honor and integrity to the
legal profession by faithfully performing his duties to society, to the Bar, to the courts and to his clients. A member of the legal fraternity should refrain from doing any act which might lessen in any degree the confidence and trust reposed by the public in the fidelity, honesty and integrity of the legal profession. CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. Canon 29, CPE He should expose without fear or favor before the Supreme Court corrupt or dishonest conduct in the profession and should accept without hesitation employment against a lawyer who has wronged his client. CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. Garrido v. Garrido Section 27, Rule 138 of the Rules of Court expressly states that a member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for, among others, any deceit, grossly immoral conduct, or violation of the oath that he is required to take before admission to the practice of law. It bears to stress that membership in the Bar is a privilege burdened with conditions. CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. Zaguirre v. Castillo, the possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the bar and to retain membership in the legal profession. It is the bounden duty of members of the bar to observe the highest degree of morality in order to safeguard the integrity of the Bar. Consequently, any errant behavior on the part of a lawyer, be it in the lawyers public or private activities, which tends to show said lawyer deficient in moral character, honesty, probity or good demeanor, is sufficient to warrant suspension or disbarment. Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact, in connection with his application for admission to the bar. In re Ramon Galang, 66 SCRA 282 That the concealment of an attorney in his application to take the Bar examinations of the fact that he had been charged with, or indicted for an alleged crime, as a ground for revocation of his license to practice law, is well settled.
Rule 138, Sec. 13, RRC No candidate shall endeavor to influence
any member of the committee, and during examinations the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidates who violates this prohibition or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court. Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact, in connection with his application for admission to the bar. Leda vs Atty Tabang Issue: Whether or not Atty. Tabang violated Rule 7.01 of Canon 7 of the Code of Professional Responsibility. Ruling: The Court held that respondents declaration in his application for Admission to the 1981Bar Examinations that he was "single" was a gross misrepresentation of a material fact made inutter bad faith, for which he should be made answerable. Rule 7.02. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. Canon 29, CPE A lawyer should aid in guarding the Bar against admission to the profession of candidates unfit or unqualified for being deficient in either moral character or education. Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. Rule 7.03. A lawyer shall not engaged in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Melendrez vs. Decena, 176 SCRA 662 A lawyer who commits an unlawful act though not related to the discharge of his professional duties as a member of the Bar, which puts his moral character is serious doubt, renders him unfit to continue in the practice of law. In re: Pelaez, 44 Phil. 567 The grounds for disciplinary actions enumerated under the Rules of Court are not exclusive and are so broad as to cover practically any misconduct of a lawyer in his professional or private capacity. Toloza vs. Cargo, 171 SCRA 21 As officers of the court, lawyers must not only in fact be of good moral character but also be seen of good moral character and leading lives in accordance with the highest moral standards of the community. CANON 8 A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. The golden rule is much more needed in the legal profession than in any other profession for a better administration of justice. Yulo vs. Yang Chiao Seng, 106 Phil. 110 (1959) He should not take advantage of the excusable unpreparedness or absence of counsel during the trial of a case. Canon 9, CPE 21 A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. Rule 8.01. A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. A.B.A. Op. 17 (Jan. 23, 1930) The fact that one of them conducts himself improperly does not relieve the other from the professional obligation in his relation with him. Report of IBP Committee, p. 41 Any kind of language which attacks without foundation and integrity of the opposing counsel or the dignity of the court may be stricken off the records or may subject a lawyer to disciplinary action. In re: Gomez, 43 Phil. 376 A lawyer who uses intemperate, abusive, abrasive or threatening language portrays disrespect to the court, disgraces the Bar and invites the exercise by the court of its disciplinary power. In re: Climaco, 55 SCRA 107 A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. Rule 8.01. A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. National Security Co. vs. Jarvis The lawyers arguments, whether written or oral, should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. A lawyer should not steal the other lawyers client nor induce the latter to retain him by a promise of better service, good result or reduced fees for his services. Neither should he disparage another, make comparisons or publicize his talent as a means to feather his law practice. Laput vs. Remotigue, 6 SCRA 45 (1962) It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel. He may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services have been terminated. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. In re: Soriano, 33 SCRA 801 (1970) x x x Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the conformity of the counsel whom he would substitute. And if this cannot be had, then he should, at the very least, give notice to such lawyer of the contemplated substitution. His entry of appearance in the case without the consent of the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel. In re: Clemente M. Soriano, 33 SCRA 801 (1970) A lawyer who has acquired knowledge of the malpractices of a member of a Bar, has the duty to the public and to the legal profession to inform the Supreme Court or the IBP of such malpractices to the end that the malpractitioner be properly disciplined. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Canon 7, CPE A clients proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. He should decline association as a colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, he may come into the case. . CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
Rule 71, sec.3 (e), Revised Rules of Court The act of
pretending or assuming to be an attorney or an officer of the court and acting as such without authority is punishable with contempt of court. The lawyer who assists in an unauthorized practice of law whether directly or indirectly is subject to disciplinary action. Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing.
Guballa vs. Caguioa, 78 SCRA 302 A lawyer is prohibited from
taking as partner or associate any person who is not authorized to practice law to appear in court or to sign pleadings. A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts. Comments of IBP Committee, pp. 47-48 A lawyer can employ lay secretaries, lay investigators, lay detectives, lay researchers, accountants or non-lawyer draftsmen, to undertake any task not involving practice of law. He may also avail himself of the assistance of law students in many of the fields of the lawyers work, such as the examination of a case law, finding and interviewing witness, examining court records, delivering papers, and similar matters. Rule 9.02. A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law, except: a. where there is a pre-existing agreement with the partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or b. where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c. where the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole as in part, on a profit-sharing arrangement. Rule 9.02 Five J Taxi v. NLRC As a non-lawyer, Pulia is not entitled to attorneys fees even though he is the authorized representative of the respondents to the NLRC. The existence of an attorneys fee imputes an attorney-client relationship. This cannot happen between Pulia and respondents.