Legal Ethics I. The Code of Professional Responsibility for Lawyers Chapter 1.

The Lawyer and the Society Lawyers Oath I ,do solemnly swear that I will maintain allegiance to the Republic of the Philippines: I will support and defend its constitution 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, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best my knowledge and discretion will all good fidelity as well to the court as to my client; and I will impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God. Duties of attorneys, Sec. 20, Rule 138, The Revised Rule of Court of 1997. It is the duty of an attorney: a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; b) To observe and maintain the respect due to the courts of justice and judicial officers; c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients bu siness except from him or with his knowledge and approval; f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, from any corrupt motive or interest; h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Four-fold duties of a lawyer 1. Duties to Society should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems

2. Duties to the legal Profession candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers uphold the honor of the profession. 3. Duties to the court respect or defend against criticisms, uphold authority and dignity, obey order ad processes, assist in the administration of justice. 4. Duties to the Client entire devotion to clients interest. CPE 32. The lawyers duty in its last analysis No client, corporate or individual, however, powerful nor any cause, civil or political, however important, is entitled to receive nor should any lawyer render any service or advice involving disloyalty to the laws whose ministers we are, or disrespect of the judicial office, which we are bound to uphold, or corruption of any person or persons exercising a public office or private trust, or deception or betrayal of the public. When rendering any such improper service or advice, the lawyer invites and merits stern just condemnation. Correspondingly, he advances the honor of his profession and the best interests of his client when he renders service or gives advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. He must also observe and advice his client to observe the statute law, though until a statute shall have been construed and interpreted by competent adjudication he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. But above all, a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.

Canon 1 A lawyer shall uphold the constitution obey the laws of the land and promote respect for law and legal processes. Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. How is unlawful conduct defined? Is an act or omission which is against the law. Dishonesty involves lying or cheating What is gross misconduct? What does moral turpitude mean? It means anything which is done contrary to justice, honesty, modesty or good morals, or to any act of vileness, baseness or depravity in the private and social duties that a man owes his fellowmen or to society, contrary to the accepted rule of right and duty between man and man. What is immoral conduct? That which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community.

Disbarment or suspension of attorney by supreme court, grounds therefor, Sec. 27, Rule 138, The Revised Rules of Court of 1997.

Disbarment of suspension of attorneys by Supreme Court; grounds therefor. A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do. the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. In disciplining the respondent, Mr. Justice Malcolm said: x x x x As a general rule, a court will not assume jurisdiction to discipline one of its officers for misconduct alleged to have been committed in his private capacity. But this is a general rule with many exceptions x x x x The nature of the office, the trust relation which exists between attorney and client, as well as between court and attorney, and the statutory rules prescribing the qualifications of attorneys, uniformly require that an attorney shall be a person of good moral character. If that qualification is a condition precedent to a license or privilege to enter upon the practice of the law, it would seem to be equally essential during the continuance of the practice and the exercise of the privilege. So it is held that an attorney will be removed not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which shows him to be unfit for the office and unworthy of the privileges which his license and the law confer upon him Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 1.03 A lawyer shall not, for any corrupt motive and interest, encourage any suit or proceeding or delay any mans cause. Barratry offense of frequently inciting and stirring up quarrels and suits. The lawyers acts of fomenting suits among individuals and offering legal services to one of them Maintenance Consist in maintaining, supporting or promoting the ligation of another. AMBULANCE CHASING A lawyers act of chasing the victims of an accident for the purpose of talking to the same victim or the latters relatives and offering his legal services for the filing of the case against the person who caused the accident. Notes from Agpalo: o To stir up litigation is a crime known as maintenance at common law. o The purpose of prohibiting these acts is to prevent ambulance chasing (solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself). o Ambulance chasing is prohibited because it stirs up litigation with resulting burdens on courts and the public; supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure by means of contracts which retain exorbitant expenses and by settlement made for quick returns of fees against the rights of the injured persons. Canon 28 CPE it is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where tics of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law. It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit or collect judgment, or to breed litigation by seeking out

those with claims for personal injuries or those having any other grounds of action in order to secure them as clients, or to employ agents or runners for like purposes, or to pay or reward, directly or indirectly, those who bring or influence the bringing of such cases to office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed under the guise of giving disinterested friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to seek his professional services. A duty to the public and to the profession devolves upon every member of the bar having knowledge of such practices upon the part of any practitioner immediately to inform thereof, to the end that the offender may be disbarred. Rule 1.04 A lawyer shall encourage his client to avoid, end or settle a controversy, if it will admit of a fair settlement. Sec.23. Rule 138, RRC of 1997 Authority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their clients litigation, or receive anything in discharge of a clients claim but full amount in cash.

Canon 2. A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 In such cases, even if the lawyer does not accept a cases, he should not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latters right. Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Canon 26 of CPE A lawyer openly, and in his true character ma render professional services before legislative or other bodies, regarding proposed legislation and in advocacy of claims before departments of government upon the same principles of ethics which justify his appearance before courts; but it is unprofessional for a lawyer so engaged, to conceal his attorneys, or to employ secret personal solicitation, or to use means other than those addressed to reason and understanding, to influence action.

Rule 2.04 A lawyer shall not charges rates lower than those customarily prescribed unless the circumstances so warrant. Canon 3. A lawyer in making known to his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Rule 3.01 A lawyer shall not use or permit to use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Rule 3.02 In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. Rule 3.04 A lawyer shall not pay or give anything of value to representative of the mass media in anticipation of, or in return for, publicity to attract legal business. Canon 4 A lawyer shall participate in the development in the legal system by initiating and supporting efforts in law reform and in the improvement of the administration of justice. Canon 5 A lawyer shall keep abreast to the Legal development, participate in continuing legal education programs, support efforts to achieve high standards in Law School as well as in the practical training of Law students and assist in disseminating information regarding the law and jurisprudence. Canon 6 These canons shall apply to lawyer in government service in the discharge of their official task. Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.02 A lawyer in the government service shall not use his public position to advance or promote his private interest, nor allow the latter to interfere with his public duties. Rule 6.03 A lawyer shall not, after leaving the government service, accept engagement or employment in connection with any matter in which he had intervene while in said service. Chapter II The Lawyer and 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. 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. 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. Rule 7.03 A lawyer shall not engage 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.

Canon 8.01 A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel. Rule 8.01 A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Rule 8.02 A lawyer shall not directly or indirectly encroached upon the professional employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Canon 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. 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. Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: a) Where there is a pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement; or b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c) Where a lawyer or firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profit-sharing arrangement.