Legal Ethics Reviewer Chapter 1: Introductory Law is not a trade nor craft but a profession.

on. Basic ideal is to render public service and secure justice for those who seek its aid. Lawyer form part of the machinery of justice administered by the courts.

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Discipline, suspend or disbar an unfit and unworthy member of the bar Reinstate any disbarred or indefinitely suspended attorney Ordain the integration of the Philippine Bar Punish for contempt any person for unauthorized practice of law; and In general, exercise any other power as may be necessary to elevate the standards of the bar and preserve its integrity.

Definitions: Ethics is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar. Living spirit if the profession. Branch of moral science w/c treats of the moral duties w/c an atty. owes to the court, to his client, to his colleagues and to the public.

Nature of office of attorney More than mere agent bec. He possesses special power of trust and confidence reposed in him by his client. Independent as a judge and his powers are entirely different and superior to those of an ordinary agent. Figuratively speaking, a priest of justice.

Privileges of Attorney 1. 2. 3. 4. 5. 6. 7. 8. 9. Privilege and right to practice law during good behavior before any tribunal. Privilege to sit in judgment on every case, to set the judicial machinery in motion. Enjoins the presumption of regularity in the discharge of his duty. Immune from liability of the third person. Are absolutely privileged regardless of their defamatory tenor. Can stand up for the right or the right of his client even in the face of hostile court. Right to protest He is allowed to great latitude of pertinent comment in the furtherance of causes he upholds. He may be pardoned for some infelicities of language.

Attorney person who is a member of the Phil. Bar and who by warrant of another practices law or who acts professionally in legal formalities, negotiations or proceedings, by authority of his client. Counsel an adviser, a person professionally engaged in the trial/ management of a cause in court; a legal advocate managing a case law. Counsel de parte- an atty. retained by litigant, usually for fee, to prosecute/defend his cause in court. Counsel de oficio atty. appointed by the court to defend an indigent defendant in criminal action or to represent destitute party in a case. Attorney of record name together w/ his address is entered in the record of a case as designated counsel of the party litigant in the case. Of counsel lawyer, usually a retired member of the judiciary employed by law firms as consultant. Amicus curiae experienced and impartial attorney invited by the court to appear and Help in the disposition of issues submitted to it. Bar refers to legal profession Bench means judiciary Power to regulate practice of law Both right and duty of the state to control and regulate it in order to promote the public welfare. The right to define and regulate the practice of law naturally and logically belongs to judiciary. The legislature may however enact laws regulating the practice of law to protect the public and promote the public welfare. Legislature may not pass a law that will control the Supreme Court.

(Designed to encourage a lawyer to be courageous and fearless in the prosecution/defence of his clients cause and to attain a common objective the proper, efficient, speedy and inexpensive administration of justice.) Has other privilege: First grade civil service eligibility - for any position which requires knowledge of law. Second grade civil service eligibility for positions which does requires not prescribed proficiency of law Leader in the community He is often called upon to administer the executive depts. And he fills large part of the legislative bodies.

Duties of office 1. Maintain allegiance to the Republic of the Philippines and to support the constitution and obey the laws. To observe and maintain the respect due the courts of justice and judicial officers To counsel or maintain such actions/ proceedings only as he believes to be honestly debatable under the law To employ, for the purpose of maintaining the causes confided to him consistent with truth and honor.

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Power includes: 1. 2. 3. The authority to define the term Prescribe the qualifications of a candidate to and subjects of the bar examinations Decide who will be admitted to practice 4.

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Never to mislead the judge or judicial officer by an article or false statement of fact or law. He is to maintain inviolate the confidence, to preserve the secrets of his client, and to accept no compensation in connection with his clients business. Abstain from all offensive personality and to advance no fact prejudicial to the honor/ reputation of the witness.

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A previously established rules and principles Concrete facts whether past or present affecting the determinate individuals; and A decision as to whether the facts are governed by rules and principles.

SC has the primary authority to decide: 1. 2. 3. Who may admitted to the bar as one of its officers What are the causes for disciplinary action against him: and Whether he should be disciplined, suspended, disbarred, or reinstated.

Public duties as faithful assistant of the court, his public duty consist of his obligations to obey the law, aid in the administration of justice. Private duties as trusted agent of his client, his private duty refers to his obligation to faithfully, honestly and conscientiously represent the interest of his client. Personal duties as employed self-businessman his personal obligation is what he owes to himself. Practice of law a profession Form of public trust Not trade (law advocacy is not capital that yields profits) Render public service and secure justice for those who seeks aid Expressive of three ideals- organization, learning, and public service.

Practice of Law Generally, it is to do any of those acts which are characteristic of legal profession. It embraces any activity, in or out of the court, which require the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience. It is not limited to the conduct of cases in the court. Implies customarily holding oneself out to the public, as a lawyer, for compensation as to source of livelihood or in consideration of his service.

Criteria: 1. 2. Habituality habitually holding oneself out to the public as lawyer. Compensation his service is available to the public for compensation, as a source of his livelihood or in consideration of his said services. Application of law, legal principles, practice, or procedure calls for legal knowledge, training and experience. Attorney- Client relationship

Noble Profession - bestowed only upon the individuals who are competent intellectually, academically and morally. Distinguishment from other business: A duty of public service of which the emolument is a by-product, and in which one may attain the highest eminence without making much money. A relation as an officer of court to the administration of justice involving thorough sincerity, integrity, and reliability. A relation to clients in the highest degree fiduciary. A relation to colleagues characterized by candor fairness, and unwillingness to resort to current business methods of advertisement and encroachment upon others practice, on dealing directly with their clients.

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Persons entitled in the Practice of Law a) Furnishing satisfactory proof of educational moral and other qualification. b) Passing the bar examinations c) Taking the lawyers oath before the Supreme Court itself; and d) Signing the roll of attorneys and receiving from the clerk of court of the Supreme Court a certificate of the licence to practice. Continuing Requirement a. b. c. Remain a member of Integrated Bar of the Philippines. Regularly pay all the IBP membership dues and other lawful assessment. Faithfully observe the rules and ethics of the legal prof.; and Be continually subject to judicial disciplinary control.

Canons of Professional Responsibility 1917 - The Philippine Bar Associations adopted as its own, Canon 1- 32 of the Canons of Professional Ethics of American Bar Associations. 1946 It gain adopted, as its own, Canon33-47. The code consist of 22 Canons and 77 Rules, which are divide into four chapters namely: 1. 2. 3. 4. The Lawyer and Society The Lawyer and the legal profession The Lawyer and the Courts; and The Lawyer and the Clients

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Practice without examination 1. Citizens of the United States who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines. Enrolled attorneys in good standing in the SC of the United States or in any circuit court of appeals or district court therein.

Chapter II: Admission to Practice Admission to the practice of law requires;

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Practice without admission Persons not duly licensed to practice law are allowed in limited representation on behalf of the others. In crim. proceedings MTC may in its discretion assign a person, resident in the province and in of good repute of probity and ability to defend the accused in his defence. A layman is permitted by the SC to appear for only in the municipal or metropolitan court. Limitations in appearance of a layman: 1. Should confine his work to non adversary contentions. 2. The services should not be habitually rendered 3. Should not collect or charge attorneys fees. Corporation can not engage in the practice of law, however, may hire attorney. Member of the Legislature are not absolutely prohibited from engaging in the practice. They are only prohibited from appearing as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.

Chapter IV: The Lawyers Duty to the Legal Profession 1) Upholding the Integrity of Profession A person shall not make any false statement in his application for admission of the bar. A lawyer shall not support unqualified applicant to the bar. A lawyer shall always conduct himself ethically and morally. Gross immorality reflective of unfitness to practice. Lawyers convicted of crimes involving moral turpitude are either suspended from the practice of law/disbarred. The commission of fraud or falsehood in the lawyers private dealings may badly reflect on his fitness to practice law, and he may be administratively disciplined therefor. Lawyers relation with other lawyers Candor, fairness and truthfulness should characterize the conduct of a lawyer with other lawyers. A lawyer shall not use temperate language. A lawyer shall not encroach upon business of another. A lawyer shall 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. 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. Preventing unauthorized practice of Law A lawyer shall not directly or indirectly, assist in the unauthorized practice of law. (Canon 9) The lawyers duty not to assist, directly or indirectly, in the unauthorized practice of law prohibits from allowing an intermediary to intervene in the performance of his professional obligations. A lawyer shall not delegate legal work to nonlawyers. A lawyer shall not divide fees with nonlawyers. Solicitation and Advertising A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. A lawyer shall not charge lower rates to attract business. A lawyer cannot advertise his talent as shopkeeper advertises his wares. What makes the advertising improper is the employment of such methods as incompatible with the traditional dignity of a lawyer and the maintenance of correct professional standards, or the use of artificial means to augment the publicity that normally results from what a lawyer does.

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Qualification for Admission 1. 2. 3. 4. 5. 6. 7. Citizen of the Philippines A resident thereof At least 21 years old A person of good moral character No charges against him involving moral turpitude Possesses the educational qualification Pass the bar examinations.

Chapter III: Lawyers Duties to Society Duty to uphold Constitution and obey the Law. Duty not to engage in lawful conduct. Duty not to counsel illegal activities. Duty not to encourage lawsuits. ( to prevent solicitation of cases and or clients) Duty to encourage amicable settlements. 2. Making Legal Services available. A lawyer shall not reject the cause of the defenceless. A lawyer shall not refuse to render legal advice. Participating in legal development. Lawyer shall not keep abreast of legal developments. 3. Applicability of Code to Government Lawyers. Code is applicable to government lawyers. A prosecutor shall see to it that justice is done. Restrictions on the functions of public prosecutor. In appeals, the Solicitor General has control. The role of the private prosecutor is to represent the offended party with respect to the civil action for reconvert of liability arising from the offense. Intervention by private lawyer is to subject to prosecutors control. Lawyer shall not use his public position to promote his private interest. Former official may not accept certain employment. 1.

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An atty. may with propriety write articles for publications in which he gives information upon the law, but he should not accept employment from such publications to advise inquiries in respect t0 their individual rights. Impropriety arises when the business is of such a nature or is such a manner as to be inconsistent with the lawyers duties as member of the bar. A lawyer shall make clear whether he is acting in another capacity. A lawyer shall not use false statement regarding his qualification or service. A lawyer shall not use false or misleading firm name. A partner who accepts public office should withdraw from the firm unless the law allows him to practice law concurrently.

Duty to disclose pending case. Verification must be signed by party, not his counsel unless one who signs the verification and certification has been authorized to execute the same by, and on behalf of the co-petitioner/ co-plaintiff.

Forum shopping defined as the act of a party against whom an adverse judgment has been rendered in one forum, of seeking another or instituting two or more actions or proceedings grounded on the same cause on the supposition that one or the other would make a favorable disposition. Test: 1. 2. Whether the elements of litis pendentia are present. Whether a final judgment in one case will amount to res judicata.

Chapter V: Lawyers Duties to Courts His first duty is not to his client but to the administration of justice; to that end his clients success is only subordinate. A lawyer owes candor and fairness to the Courts The lawyer should be candid and truthful to court. A lawyer shall do any falsehood. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel A lawyer shall not misuse rules of procedure. Observing and maintaining Respect due the Courts and Judicial Officers A lawyer shall observe and maintain the respect due to the courts and judicial officers and should insist on similar conduct by others. Lawyers are particularly called upon to obey court orders and processes. Defend judges from unjust criticisms. A lawyer shall appear in proper attire. Lawyer shall be punctual Shall abstain from offensive language or behavior. A judge should be courteous to lawyer to merit respect. A lawyer should uphold the dignity and authority of the court and not promote distrust in the administration of justice. A lawyer shall not attribute to judge improper motives. A lawyer shall submit grievances to proper authorities. Assisting the Court in Speedy and efficient administration of Justice. Duty to assist in the administration of justice. A lawyer should come to court adequately prepared. A lawyer shall not file multiple actions. A lawyer shall not resort to forum shopping. (multiple actions arising from same cause)

Elements of Res Judicata There is a decision on the merits. By a court of competent jurisdiction The decision should be final; and the two actions involved identical parties, subject matter and causes of action. --Lawyer to temper clients propensity to litigate. A lawyer shall file his pleadings within the period. Duty to inform clients death and change of counsels address. A lawyer shall not delay nor impede execution of judgment. Lawyer to discourage appellate review. Lawyer shall not talk to a witness during recess. A lawyer shall not assist a witness to misrepresent. Lawyer shall not harass a witness Lawyer shall avoid testifying for a client. Avoiding impropriety that tends to influence the Court Lawyer should rely on merits of his case. Lawyer shall not extend hospitality to a judge. Lawyer shall not publicly discuss pending case. Criticism of pending and concluded litigation. The right of a lawyer to criticize the decision of a judge or his actuation is not unlimited. It is the cardinal condition of all such criticism that it shall be bona fide and shall not spell over the walls of decency and propriety. Right and duty of lawyer to criticize the court. Lawyer shall not invite judicial interference.

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Chapter VI: Nature and Creation of Attorney-Client Relationship o Nature of Relation Roman concept of locatio conductio operarum (contract of lease of services) where one person lets his services for compensation and another hires them without reference to the object which the services are bound to be performed, and mandato (contract of agency) whereby a friend on whom reliance could be placed makes a contract on his name but

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gives up all he grained by the contract to the person who requested him. In Modern day an attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client.

A lawyer may refuse to represent indigent on valid grounds. A lawyer shall observe the same standard for all clients.

Relation is strictly personal. Involves mutual trust and confidence of the highest degree irrespective of whether the client is a private person or a government functionary.

Chapter VII: Lawyers Duties in Handling Clients Cause No lawyer is obliged to act either as adviser or advocate for every person who may wish to secure his services. He has the right to decline the employment, subject, however to Canon 14 of the Code of Professional Responsibility. A lawyer shall give candid advice on merits of case. Lawyer has the duty to comply with clients lawful request. Has the duty to restrain the client from impropriety. A lawyer shall not undertake influence-peddling. Employment of Honorable Means Duty to employ honourable means only. A client shall rectify clients fraud. Requisites to protect the Clients interest. Duration and extent of lawyers duty to safeguard clients interest. A lawyer shall render service only when qualified to do so. A lawyer shall not handle a case without adequate preparation. Preparations of pleadings. Interviewing witnesses. Adoption of system to insure receipt of mails. Notice of change of address. Notice of death of the client. Requiring the clerk of court to do his duty. Duty to keep the client fully informed. Diligence in handling case.

Relation as fiduciary and confidential It demands an atty. an undivided allegiance, or a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity, and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly with the interest of his client. o

Retainer may refer to the act by which he engages the services of an attorney to render legal services of an attorney to render legal advice or to defend or prosecute his cause in court. -may also refer to the fee which the client pays to an atty. when the latter is retained known as the retaining fee. General retainer - one of the purposes of which is to secure beforehand the services of an attorney for any problem that may afterward arise. Special retainer has reference to a particular case or services. o o The essential feature of the relation of atty.-client relationship is the fact of employment. The employment of a law firm is equivalent to the retainer of the member thereof even though only one of them is consulted; the employment of one member is generally considered as employment of the law firm. Any person who has the legal capacity to contract can employ an atty., only a general guardian or guardian ad litem has the authority to employ an atty. to represent a minor or incompetent.

Chapter VIII: Lawyers Fiduciary Obligation o Effects of fiduciary relation. Requiring utmost good faith, loyalty, fidelity and disinterestedness on the part of the attorney is designed to remove all such temptation and to prevent everything of that kind from being done for the protection of the client. Dealing with client closely scrutinized. Any advantage derived by a lawyer as a result of abuse of clients confidence generally inures to the benefit of the client. A lawyer shall not, without the full knowledge and consent of the client, accept in any fee, any reward, costs commission interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. A lawyer shall not borrow from, nor lend money to client. Accounting of clients funds A lawyer shall not account for clients funds.

Ethical norms and Restriction Lawyer shall not ascertain possible conflict of interests. Duty to decline employment even though how attractive the fee offered maybe if its acceptance will involve a violation of any of the rules of the legal profession. A lawyer as a rule shall not refuse his services to the needy. A lawyer shall preserve the secrets of his prospective client.

Lawyer may not refuse his services A lawyer shall not decline to represent unpopular clients. A lawyer shall not decline appointment by the court or by the IBP.

A lawyer shall not comingle clients fund. A lawyer shall deliver funds to client, subject to his lien. Restriction against buying clients property The law expressly prohibits a lawyer from purchasing, even at a public or judicial auction, either in person or through the mediation of another, any property or interest involved in any litigation in which he may take part by virtue of his profession. Elements for the application of rule: 1. There must be an atty. - client relationship. 2. The property or interest of the client must be in litigation. 3. The atty. takes part as a counsel in the case. 4. The atty. by himself or through another purchases such property or interest during the pendency of the litigation. -

Requisites of Evidentiary Privilege: 1. 2. 3. 4. 5. 6. 7. 8. o Where the legal advice of any kind is sought From a professional legal adviser in his capacity as such The communications relating to that purpose Made in confidence By the client Are at his instance permanently protected From the disclosure by himself or by legal adviser Except the protection be waived. The attorney-client privilege does not attach to communications made by a client to person who is not a lawyer, even if such persons undertakes to perform legal services and is authorized to appear in municipal trial court as his appearance therein is in the character of an agent. The essence of secrecy which surrounds communication bet. Atty. and client is that the communication is intended by the client not for the information of a third person but for the purpose of seeking legal advice from his atty. as to his rights or obligation. The atty.-client privilege embraces not only oral or written statements but actions, signs or other means of communication. The atty.-client privilege extends to the atty. and his clients as well as to the atty.s secretary, stenographer or clerk with reference to any fact acquire in such capacity. The knowledge or information acquired by a lawyer in his professional capacity from his client may either be privileged or not privileged within the meaning of evidentiary rule against compelling disclosure of privileged communication. Privileged matters are the work product of a lawyer, such as his effort, research and thought contained in his files. Elements: 1. The commencement of litigation on behalf of the client. 2. The identification relating to an employment of a third person. 3. The employment of an atty. with respect to future with criminal or fraudulent transaction; or 4. The prosecution of a lawyer for a criminal offense. Not privileged are any communication bets. Attorney and client which lack any one of the elements that make the atty.-client privilege. A lawyer shall not reveal clients confidence.

The absence of any of the elements constitutive of the rule forbidding a lawyer from purchasing his clients property in litigation renders the prohibition inapplicable. The transaction being categorically prohibited by law is null and void ab initio. Purchase of choses in action-prevent a lawyer from the temptation to litigate in his own account as a business proposition. Chapter IX: Confidence o Lawyers Duty to preserve Clients

Preservation of Clients Confidence This rule applies to matters to disclose to him by prospective client except: 1. When authorized by the client after acquainting him of the consequences of the disclosure. 2. When required by law. 3. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

The lawyers duty to maintain inviolate his clients confidence is perpetual. It outlasts his employment and continues even after the clients death. The purpose of the attorney-client privilege is to encourage a client to make full disclosure to his attorney and to place unrestricted confidence in him in matters affecting his rights and obligation. o o o o o o A lawyer shall not use clients secrets without his consent. A lawyer shall not give information from his files. A lawyer may disclose affairs of client to partners. A lawyer shall adopt measures against disclosures of clients secret. A lawyer shall avoid indiscreet conversation about clients affairs. A lawyer shall not reveal his having been consulted.

Exceptions to rule on privilege o o o o Only the client can waive the privilege. Exist only for lawful and honest purpose. Maybe shield of defense as to crimes already committed. A communication relating to fraud already committed is privileged; a communication seeking advice as to the commission of fraud or to the establishment of a false claim in an exception to the privilege.

Chapter X: Lawyers duties of Fair Dealing and Avoiding Conflict of Interests Fairness in dealings with Client

Scope of Attorney-Client Privilege

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Duty to be candid, fair and loyal in all dealings with client and transactions with his clients flows from the nature of atty.-client relationship. A lawyer shall ascertain possible conflict of interests. Duty to decline employment. A lawyer shall preserve the secrets of a prospective client. A lawyer may act as mediator.

An atty. has implied power to delegate to his associate or assistant atty. under his supervision and responsibility, part or the whole of the legal work required to be performed in the prosecution or defense of the clients cause.

Authority to Appear His authority to appear for a client commences only from the time he is retained by the client or by the latters agent. Appearance means the coming into the court as a party either as a plaintiff or as a defendant and asking relief therefrom. General appearance any action on the part of the defendant or his counsel except to object solely to the jurisdiction of the court over the person of the defendant, which recognizes the case in court; amounts to voluntary submission to courts jurisdiction. Special appearance is one which seeks to contest solely the jurisdiction of the court over the person of the defendant; does not operate as a voluntary submission to the jurisdiction of the court over the person of the defendant.

Representing Conflicting Interest o o A lawyer shall not represent conflicting interests. The termination of the relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. No opportunity must be given him to take advantage of the clients secrets. The lawyers acting for a complainant and defendant in the same or related suit is brazenly unethical. A lawyer owes loyalty to his client not only in the case which he has represented him but also after the relation of attorney and client has terminated because it is not good practice to permit him afterwards to defend in another case other person against his former client under the pretext that the is distinct from, and independent of the former. A lawyer is forbidden from representing a subsequent client against former client only when the subject matter of the present controversy is related, directly or indirectly, to the subject matter of the previous litigation in which he appeared for the former client. A lawyer may not undertake to discharge conflicting duties any more than may he represent antagonistic interest. An atty. should not put himself in a position where self-interest tempts him to do less than his best for his client. Where no conflict of interests exists, where the clients knowingly consent to the dual representation or where no true atty.-client relationship is attendant, the prohibition does not apply.

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Presumption of Authority An atty. is presumed to be properly authorized to represent any cause in which he appears in all stages of the litigation and no written authority is required to authorize him to appear. The presumption that an atty. is duly authorized to manage litigation is a disputable one and may be overcome by clear evidence to the contrary. The presiding judge may, on a motion of either party and on reasonable ground therefor being shown, require him to assume the right to appear in the case to produce or prove his authority and to disclose, whenever pertinent to any issue, the name of the person who employed him. A party who has not authorized an atty. to represent him is not bound by the atty.s appearance in the case nor by the judgment rendered therein. The unauthorized appearance of an attorney in a case may be ratified by the concerned party either expressly or impliedly. Express ratification is a categorical assertion by the client that he has authorized the atty. or that he is confirming his authority to represent him in the case. Requisites of Implied ratification a) That the party represented by the atty. is of age or competent or if he suffers from any disability, he has duly appointed guardian or legal rep. b) That the party or his guardian, as the case maybe is aware of the atty.s representation. c) That he fails to promptly repudiate the assumed authority.

Chapter XI: Authority of Attorney The extent of his authority is defined by what is expected of him as provided by law and the Rules of Court and/or by the written authority granted him by his client Atty. is an agent of the client; the latter is, in accordance with the rule of agency bound by the act or omission of its atty. within the scope of his authority. An atty. retained by a creditor to enforce a claim has the authority to take all the steps necessary to collect it. An atty. has no power to receive or accept on behalf of his client the service of summons in his bare professional capacity. An atty. may not without the clients consent; express or implied delegate the confidence and the authority that goes with it to another lawyer.

Conduct of Litigation The cause of action, the claim or the demand sued upon and the subject matter of the litigation are within the exclusive control of the client; and an atty. may not impair,

compromise, settle, surrender, or destroy them without the clients consent. A lawyer who has been retained to prosecute or defend an action has the implied authority to determine what procedural steps to take which in his judgement, will best serve the interest of his client. The authority of an atty. to manage the clients cause includes the power to make admissions of facts for the purpose of the litigation. A lawyer has the general or implied authority to agree or stipulate upon the facts involve in litigation even without a prior knowledge or consent of his client.

Chapter XIII: Compensation of Attorney Two concepts of Attorneys fees: 1. Reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. Amount of damages which the court may award to be paid by the losing party to the prevailing party.

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Quantum meruit means as much as the lawyer deserves. Or such amount which his services merit. Is a device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it.

Compromise - is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced. Chapter XII: Termination of Attorneys Authority and Change of Counsel Termination of Counsels Authority Maybe terminated by: 1. the client, 2. the lawyer, 3. the court, or 4. By reason of circumstances beyond the control of the client or the lawyer. The client has the absolute right to discharge his atty. at any time with or without cause or even against his consent. The discharge of an atty. without justifiable cause shall not negate the atty.s right to full payment of compensation. Any act of the client indicating an unmistakable purpose to terminate the relation is sufficient. The authority of the atty. to represent a client ceases upon his dismissal by the client and its recording in the case. As the relation of the atty. and client is personal and one of agency, it terminates upon the death of the client. It also terminates upon the incapacity or incompetency of a client during the pendency of the litigation, the reason being that the client loses the legal capacity to contract or control the subject matter of the action. A lawyer shall withdraw only for good cause. Procedure for withdrawal: 1. 2. Must file petition for withdrawal in court. Must serve a copy of his petition upon his client and the adverse party at least 3 days before the date set for hearing.

Kinds of retainer: General - is paid to a lawyer to insure and secure the future services for a particular case or work and to remunerate him from being deprived, being retained by one party, of the opportunity of rendering services to the other party. Special is a fee for a specific case handled or special service rendered by a lawyer for a client. Contingent fee contract is an agreement in writing in which the fee, usually a fixed percentage of what maybe recovered in the action, is made to depend upon the success in the effort to enforce of defend a supposed right. Contingent fee arrangement is a contract between a lawyer and a client in which the lawyers professional fee, usually of fixed percentage of what may be recovered in the action, is made to depend upon the success of litigation.

The lawyer has no right to presume that his petition for withdrawal will be granted by the court. Change of counsel: 1. He may discharge his attorney at any time with or without cause and thereafter employ another lawyer who may then enter his appearance. Atty. himself may initiate the move by withdrawing his appearance either with the written consent of his client or with the leave of court on some justifiable ground. Changing the lawyer by substitution of counsel in the form of application for that purpose.

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