LEGAL PROFESSION REVIEWER

(Based on Agpalo, CPR and CJC)

I.

LAWYER AND SOCIETY

A. Introduction
- The legal profession expresses 3 ideals: organization, learning and
public service
- In 1988, SC adopted the Code of Professional Responsibility drafted
by IBP way back in 1980.
- The practice of law is not a business but a profession characterized by
the following:
public service
impt. Role in the administration of justice
relationship with client in the higher degree fiduciary
relationship with colleagues characterized by candor,
fairness and unwillingness to resort to advertising and
encroachment
B. Nature of Attorneys Office
- Quasi-judicial officer (administration of justice): highly-burdened
privilege
C. Privileges of Attorney
- right/privilege to practice law
- presumption of regularity in the discharge of duty
- immunity from liability vis--vis 3rd person in the exercise of duty
- pardon from infelicities of language when litigating in court
- stand up for right/ right of client before hostile court
- 1st grade (knowledge of law) and 2 nd grade civil service eligibility
upon passing BAR exams
- model citizen
D. Duties of Attorney
- Court, public, IBP and clients
- Public duties prevail over private ones
E. Right to Counsel
- Right to counsel (de parte or de officio) is protected by the
Constitution (Art 3, Sec. 12.
- Right to counsel is vital in criminal proceedings and cant be waived
or such will result in the denial of due process (accused must be
able to establish his innocence using the proper legal procedures).
- Civil (minor courts) or administrative proceedings: right to counsel
may be waived and the litigant may represent self.
CANON 1: A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
THE LAWS OF THE LAND AND PROMOTE RESPECT FOR THE LAW
AND THE LEGAL PROCESS
RULE 1.01: A LAWYER SHALL NOT ENGAGE IN UNLAWFUL,
DISHONEST, IMMORAL OR DECEITFUL CONDUCT
UNLAWFUL : act or omission against the law
DISHONEST: lying or cheating

IMMORAL: involves moral turpitude (an act w/c may not be a

crime but is so deprave or vile that it contravenes justice,
modesty or societys accepted moral standards)

RULE 1.02: A LAWYER SHALL NOT COUNSEL OR ABET

ACTIVITIES AIMED AT THE DEFIANCE OF THE LAW OR
LESSENING IN THE CONFIDENCE OF THE LEGAL PROFESSION
A lawyer should uphold the law since he is an active participant
in the administration of justice.
RULE 1.03: A LAWYER SHALL NOT, FOR ANY CORRUPT
MOTIVE OR INTEREST, ENCOURAGE ANY SUIT OR DELAY ANY
MANS CAUSE
A lawyer should not encourage lawsuits nor stir up unnecessary
litigation (aka MAINTENANCE) as to prevent AMBULANCE
CHASING (which burdens the courts, encourages perjury, mulcts
the innocent and defrauds the injured).
RULE 1.04: A LAWYER SHALL ENCOURAGE HIS CLIENTS TO
AVOID, END OR SETTLE CONTROVERSY IF IT WILL ADMIT A
FAIR SETTLEMENT
As much as possible, lawyers should mediate and try to
compromise (truth and moral justice > technical legality) as to
lessen expenses (time/money) and possible ill feelings as well
as prevent the clogging of court dockets.
CANON 2: A LAWYER SHALL MAKE LEGAL SERVICES AVAILABLE IN
AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTERGRITY AND EFFECTIVENESS OF THE
PROFESSION
- The IBP has the duty to make sure the poor and the oppressed are
represented by competent counsels despite their inability to pay.
RULE 2.01: A LAWYER SHALL NOT REJECT THECAUSE OF THE
DEFENSELESS OR THE OPPRESSED EXCEPT FOR VALID
REASONS
Legal aid to the poor is not a matter of charity but a means to
correct the social imbalance that may lead to injustice (IBP
Guidelines governing Local Aid Offices)
RULE 2.02: IN SUCH CASES, EVEN IF THE LAWYER DOES NOT
ACCEPT THE CASE, HE SHALL NOT REFUSE TO RENDER
LEGAL ADVICE TO THE PERSON CONCERNED IF ONLY TO THE
EXTENT NECESSARY TO SAFEGUARD THE LATTERS RIGHTS
The main intent here is avoid a possible conflict of interest but
legal advice which does not create an attorney-client
relationship may be given if only to safeguard the defenseless
rights (eg. What preliminary steps to take until litigant can
secure the services of a lawyer)
RULE 2.03: A LAWYER SHALL NOT DO OR PERMIT TO BE
DONE ANY ACT PRIMARILY DESIGNED TO SOLICIT LEGAL
BUSINESS

Lawyers should not solicit cases for purpose of gain, directly or

indirectly as to prevent professional touting since the legal
profession is not business

RULE 2.04: A LAWYER SHALL NOT CHARGE RATES LOWER

THAN THOSE CUSTOMARILY PRESCRIBED UNLESS THE
CIRCUMSTANCE SO WARRANT
The intent here is to prevent the discount effect. Charging the
poor litigants lower rates is perfectly acceptable.
CANON 3: A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS
- A lawyer cant advertise his talent since law is not a business wherein
advertising is necessary to attract clients. Monetary gain is but a
secondary consideration since public service is the primary goal and such
necessitates traditional dignity. The practice of law SHOULD NEVER BE
COMMERCIALIZED.
- Some forms of advertising or solicitation are acceptable: well-merited
reputation for professional capacity or trust, good and efficient service to
client, etc.
Expressly allowed exceptions: publication in reputable law list with
brief biographical and informative data, use of simple professional
card, notice of lawyers (only) as regards to specialized services,
appointment to public office, mention in law journals,
announcement of free legal services to the indigent, etc.
Implied exceptions: writing legal articles giving information about
the law in the general context, giving general legal information
through broadcast media or writing columns for newspapers as
long as:
- there is no improper advertising
- no legal advice is given to non-clients
- no aiding of non-lawyers to engage in the unauthorized
practice of law
- Engaging in another business or lawful calling entirely apart from the
practice of law is not necessarily improper when such does not conflict
with the lawyers duties as a member of the bar. Clients must be informed
whether the lawyer is rendering service as a lawyer or in another capacity.
RULE 3.01: A LAWYER SHALL NOT USE OR PERMIT THE USE
OF ANY FALSE, FRAUDULENT, MISLEADING, DECEPTIVE,
UNDIGNIFIED, SELF-LAUDATORY OR UNFAIR STATEMENT OR
CLAIM REGARDING HIS QUALIFICATIONS OR LEGAL SERVICES
A lawyer shall not indirectly advertise himself or his services to
attract clients. Common sense and the spirit of fairness should
be relied upon.
RULE 3.02: IN THE CHOICE OF 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
COMMUNICATIONS THAT SAID PARTNER IS DECEASED
All of the partners by their joint efforts over the years
contributed to the good name attached to the firms name and

this goodwill will be adversely affected if the firm keeps

changing its name. As long as it does not deceive people into
thinking the deceased member is still alive, his/her name may
still be used.
Filipino attorneys cant practice law under the name of a foreign
law firm but affiliations with such may be indicated.

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 CONCURRENTLY
The idea here is to prevent the firm from using the public
officials name to attract legal business and to avoid the
appearance of undue influence.
While the rule against public officials engaging in private legal
practice is general, there are some exceptions:
- Legislators are only barred from appearing as counsel in
any tribunal (Constitution, Art. 6, Sec. 14 & 17)
- A Sanggunian member can practice law as long as they
dont appear as counsel before any LGU as adverse party,
in any criminal case involving a govt official in public
capacity, dont charge any fee for representing his LGU or
public property or personnel are used by him only in
representing the Government (LGC, sec. 90 a & b).
-Civil servants may practice law if not expressly barred by
law as long as the dept. head permits such.
For further study, see RA 3019, RA 7610 and RA 6713.
RULE 3.04: A LAWYER SHALL NOT PAY OR GIVE ANYTHING
OF VALUE TO REPRESENTATIVES OF THE MASS MEDIA IN
ANTICIPATION OF OR IN RETURN FOR PUBLICITY TO
ATTRACT LEGAL BUSINESS
The purpose here is to prevent the gain of undue advantage by
means of gimmickry, press agentry or any artificial means that
will attract public attention through the media.
CANON 4: A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF
THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN
LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION
OF JUSTICE
- The law is a part of a vast social network so the lawyer must broaden out
and continue to grow in knowledge and competence as to make the law
socially responsive
CANON 5: A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGHEST STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF
LAW STUDENTS AND TO ASSIST IN THE DISSEMINATING OF
INFORMATION REGARDING LAW AND JURISPRUDENCE
- Service in the judiciary and practice of law requires continuing legal
education to improve ones knowledge, to maintain the highest standards
of legal obligation and to make law part of social consciousness.

CANON 6: THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
DUTIES
- Lawyer serving as public officials do not shed their professional
obligations as members of the bar; in fact, they should be more sensitive
to their official obligations because disreputable conduct will be magnified
before the public eye
RULE 6.01: THE PRIMARY DUTY OF A LAWYER IN PUBLIC
PROSECUTION IS NOT TO CONVICT BUT TO SEE THAT
JUSTICE IS DONE. THE SUPPRESSION OF FACTS OR
CONCEALMENT OF WITNESSES CAPABLE OF ESTABLISHING
THE
INNOCENCE
OF
THE
ACCUSED
IS
HIGHLY
REPREHENSIBLE AND IS CAUSE FOR DISCIPLINARY ACTION
The public prosecutor should make sure that the guilty shall not
escape but must take pains to ensure the innocent do not
suffer. Political and other personal considerations should not
affect him in the exercise of his duty.
Wrongful convictions secured through irregular and foul means
contravene the spirit of justice within the law and before the
courts.
Private prosecutors may be hired if the offended party is
entitled to indemnity but has expressly reserved the right to
institute a separate civil action. However, the private prosecutor
should be under the public prosecutors control and the latter
should never delegate his duties to the former.
RULE 6.02: A LAWYER IN GOVERNMENT SERVICE SHALL NOT
USE HIS PUBLIC POSITION TO PROMOTE OR ADVANCE HIS
PRIVATE INTERESTS NOR ALLOW THE LATTER TO INTERFERE
WITH HIS PUBLIC DUTY
This applies particularly to lawyers in public office who are
allowed to practice in private, by law or by government
permission. The private practice should never interfere with the
official undertakings.
RA 6713, Secs. 7b-7c lay down the following:
1. No ownership, employment or professional association
with a private firm regulated, supervised or licensed by
the officials office unless law expressly allows such
2. No private practice of profession unless expressly
authorized by law and such does not interfere with
official functions
3. No recommendation of any person to any post in a
private enterprise which has regular or pending official
transaction with officials office
4. No revelation or usage of confidential or classified
information officially known by civil servant by virtue of
his public capacity and unavailable to the public to
further private interests or to the prejudice of the public
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 INTERVENED

- The restriction covers engagement or employment which will

involve or relate with a matter in which he intervened as a public
official, except in behalf of the body which he served during his
public employment
- RA 6712, Sec. 7b : A former public servant cant practice his
profession for a period of 1 yr after leaving his post in connection
with any matter before the office he used to be with
- RA 3019, Sec 3d: Dont accept or allow family members to accept
private employment which has pending official business with
officials office during such pendency or within 1 yr after its
termination
II.

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
A student aspiring to be a lawyer must, at that early period,
study and observe the duties and responsibilities of a lawyer
(show fitness to be admitted to the BAR by adherence to CPR)
Rule 138 , Secs. 2, 5 & 6: No applicant shall be admitted to the
BAR unless s/he is a, at the TIME OF ADMISSION:
1. Citizen and Resident of the Philippines (full allegiance
to its laws)
2. At least 21 years old
3. A person of good moral character (continuing
requirement)
4. No charges involving moral turpitude filed or pending
(disclosure of any involvement in any criminal case)
5. Proper educational qualifications (4 yr HS; 4 yr BA or
BS with required units in pol sci, philo, engl, hist,
econ or span; 4 yr LL B at reputable law school with
completed units in BAR subject courses)
6. BAR EXAM Passer
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
Every lawyer has the duty to uphold the integrity and dignity of
the profession by helping the SC screen potential Bar
members by recommending the qualified and exposing the
unworthy.
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 SCNDALOUS MANNER TO THE DISCREDIT OF

THE PROFESSION
Any unbecoming behavior of a lawyer, whether in public or
private life, will adversely affect the standing of the profession
before the eyes of the public
Gross immorality shows that a lawyer is unfit to practice
(observance of the communitys moral standards is mandatory)
Conviction of a crime involving moral turpitude (involving fraud,
deceit or falsehood) tarnishes a lawyers moral consciousness
CANON 8: A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FARINESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES
AMD SHALL AVOID HARASSING TACTICS VS. OPPOSING COUNSEL
- The highest reward that can come to a lawyer is the esteem of his
professional brethren, won in unique conditions and proceeds from an
impartial judgement in professional trials
- Such esteem is commanded solely by integrity of character and skills
used in the honorable performance of professional duty
RULE 8.01: A LAWYER SHALL NOT, IN PROFESSIONAL
DEALINGS, USE LANGUAGE THAT IS ABUSIVE, OFFENSIVE OR
OTHERWISE IMPROPER
An lawyers arguments, written or oral, should be graceful to
the court and to the opposing counsel, characterized by dignity,
courtesy and civility
Dont take legal battles in court personally and avoid bickerings
RULE 8.02: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
ENCROACH UPON THE PROFESSIONAL EMPLOYMENT OF
ANOTHER LAWYER; HOWEVER, IT IS THE RIGHT OF ANY
LAWYER, WITHOUT FEAROR FAVOR, TO GIVE PROPER
ADVICE OR ASSISTANCE TO THOSE SEEKING RELIEF VS.
UNFAITHFUL OR NEGLECTFUL COUNSEL
Never compete with other lawyers in trying to secure clients nor
take over a case as a substituting counsel unless the proper
formalities are observed and the previous counsel is notified of
the termination of his services
Never negotiate with the opposing party without consulting the
latters counsel, if any
Never get offended if a client hires an associate counsel in a
case as it may not necessarily mean that there is a want of
confidence in the original counsel and in case of conflict
between associate counsels, ask the client to decide
CANON 9: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST
THE UNAUTHORIZED PRACTICE OF LAW
* PRACTICE OF LAW: any activity in or out of court which requires the
application of law, legal principle, practice or
procedure and calls for legal knowledge, training and
experience (pre-supposes the existence of an
attorney-client relationship)
: Only those who are admitted to the bar, in good
standing, observant of basic legal ethics and

continually subject to the SCs disciplinary power

may engage in the practice of law (except for
existing legal exceptions)
: includes legal advice, representation, drafting
pleadings and other legal documents
CAYETANO VS. MONSOD:
the Padilla dissent criteria
- Habituality
- Compensation
- Legal knowledge
- Attorney-Client relationship
RULE 9.01: A LAWYER SHALL NOT DELEGATE TO ANY
UNQUALIFIED PERSON THE PERFORMANCE OF ANY
TASKWHICH BY LAW MAY ONLY BE PERFORMED BY A
MEMBER OF THE BAR IN GOOD STANDING
Never delegate any task involving the knowledge and
application of law to a non-lawyer but law students are
permitted to give assistance

RULE 9.02: A LAWYER SHALL NOT DIVIDE NOR 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 AN 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;
B) WHERE A LAWYER UNDERTAKES TO COMPLETE
UNFINISHED OR LEGAL BUSINESS OF A DECEASED
LAWYER;
C) WHERE A LAWYER OR LAW FIRM INCLUDES NONLAWYER EMPLOYEES IN A RETIREMENT PLAN, EVEN IF
THE PLAN IS BASED IN WHOLE OR IN PART, ON
PROFIT-SHARING
III.

LAWYER AND THE COURTS

CANON 10: A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH
TO THE COURT
- As an officer of the court, a lawyers first and foremost loyalty should be
to the courts and its task to administer justice fairly and impartially
(Superior Retainer)
- However, he should not remain as a meek umpire but must advocate,
within proper bounds, the ends he believes to be true and just
RULE 10.01: A LAWYER SHALL NOT DO ANY FALSEHOOD
NOR CONSENT TO THE DOING OF ANY IN COURT NOR SHALL
HE MISLEAD OR ALLOW THE COURT TO BE MISLED BY AN
ARTIFICE
The duties to the court must prevail over the duties to the client
The idea is to help administer justice properly, not to win at
whatever cost

RULE 10.02: A LAWYER SHALL NOT KNOWINGLY MISQUOTE

OR MISREPRESENT THE CONTENTS OF A PAPER, THE
LANGUAGE OR THE ARGUMENT OF THE OPPOSING COUNSEL
OR THE TEXT OF A DECISION OR AUTHORITY OR KNOWINGLY
CITE
AS
LAW
A
PROVISION
ALREADY
RENDERED
INOPERATIVE OR ASSERT A FACT WHICH HAS NOT BEEN
PROVED
Article 8 NCC: Judicial decisions form part of the laws of the land
Violations of R10.02 are invitations for CONTEMPT citations
RULE 10.03: A LAWYER SHALL OBSERVE THE RULES OF
PROCEDURE AND SHALL NOT MISUSE THEM TO DEFEAT THE
ENDS OF JUSTICE
The existing legal procedures and remedies are means to
secure justice for meritorious causes; Such should not be
subverted nor prostituted to unjustly trample upon anothers
legal right or claim (eg. Forum-shopping, multiple suits, etc.)
CANON 11: LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT
DUE TO THE COURTS AND JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT BY OTHERS
-Respect of courts help build the high esteem and regard toward them
which is essential to the proper administration of justice
- Obey lawful court orders and defend judges from criticisms who cant
defend themselves
RULE 11.01: A LAWYER SHALL APPEAR IN COURT PROPERLY
ATTIRED
Improper attire and unkempt grooming are invitations for
CONTEMPT citations
For men: Barong Tagalog or a Western Suit (Coat and Tie)
For women: Tailored pantsuits, skirt suits or well-cut dresses
(knee-length at most), etc.
RULE 11.02: A LAWYER SHALL PUNCTUALLY APPEAR AT
COURT HEARINGS
Habitual tardiness or absence may prejudice the clients rights
in court
RULE 11.03: A LAWYER SHALL ABSTAIN FROM SCANDALOUS,
OFFENSIVE OR MENACING LANGUAGE BEFORE THE COURTS
Dignified and courteous language is a must before the courts at
all times, at whatever form (Zeal in defending a cause does not
excuse improper language and does not count as a defense
when cited for contempt)
A judge should also be courteous to the counsels to merit
respect
RULE 11.04: A LAWYER SHALL NOT ATTRIBUTE TO A JUDGE
MOTIVES NOT SUPPORTED BY THE RECORD OR HAVE NO
MATERIALITY TO THE CASE
Criticism of judicial decision and actions are part of protected
speech unless such crosses the boundaries of impropriety or

exerts pressure (viz. stirs up public opinion) on the judge, to the

prejudice of the litigants before him - - - - proper remedy:
CONTEMPT OF COURT
RULE 11.05: A LAWYER SHALL SUBMIT GRIEVANCES
AGAINST A JUDGE TO THE PROPER AUTHORITIES ONLY
In filing administrative cases before the judge, the causes
should be well-grounded and not merely speculative, bred by
revenge or hate for the judges past actions
CANON 12: A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER
IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE
- A lawyer may be able to help the court in the due and orderly
administration of justice by doing no act that obstructs, perverts or
impedes the administration of justice and by faithfully complying with all
his duties to the courts and to his clients.
RULE 12.01: A LAWYER SHALL NOT APPEAR FOR TRIAL
UNLESS HE HAS ADEQUATELY PREPARED HIMSELF ON THE
LAW AND THE FACTS OF HIS CASE, THE EVIDENCE HE WILL
ADDUCE AND THE ORDER OF PREFERENCE. HE SHOULD
ALSO BE READY WITH THE ORIGINAL DOCUMENTS FOR
COMPARISON WITH THE COPIES
Lawyers who come to court unprepared will unduly delay the
proceedings, unfairly burdening the courts for no valid cause
and endangering the rights of the litigants
RULE 12.02: A LAWYER SHALL NOT FILE MULTIPLE ACTIONS
ARISING FROM THE SAME CAUSE
The lawyer should not subvert the ends of justice by
prostituting legal remedies to the detriment of the adverse
litigants rights
FORUM SHOPPING: improper practice of going from one court to
another, seeking relief by filing various suits involving the same
substantial matter (TEST: Presence of litis pendencia or
Existence of res judicata)
SC Circular No. 28-91: Inform the SC, if filing an action before
such, on WON there are other pending suits or actions in other
courts involving the same issues raised
Rules of Court: Litigant must submit the a forum-shopping
certification along with the signed pleading for verification
Lawyer must temper clients propensity to litigate (Rules 1.03
and 1.04) and discourage (but wait for clients decision before
taking action) an appeal if such if futile
RULE 12.03: A LAWYER SHALL NOT, AFTER OBTAINING
EXTENSIONS OF TIME TO FILE PLEADINGS, MEMORANDA OR
BRIEFS, LET THE PERIOD LAPSE WITHOUT SUBMITTING THE
SAME OR OFFERING AND EXPLANATION FOR HIS FAILURE TO
DO SO
Always file necessary briefs on time and in asking for time
extensions, ascertain there are valid reasons behind such

Never fail to explain before the court why nothing was filed
after the extension expires since such would show discourtesy
to the court

RULE 12.04: A LAWYER SHALL NOT UNDULY DELAY A CASE,

IMPEDE THE EXECUTION OF A JUDGMENT OR MISUSE THE
COURT PROCESS
Never use legal remedies to subvert the ends of justice by
impeding a judicially-upheld legal right lest the wronged party
be deprived of what is due him
RULE 12.05: A LAWYER SHALL REFRAIN FROM TALKING TO
HIS WITNESS DURING ABREAK OR RECESS IN THE TRIAL,
WHILE THE WITNESS IS STILL UNDER EXAMINATION
Avoid any suspicion that would make it appear one is coaching
the witness
RULE 12.06: A LAWYER SHALL NOT KNOWINGLY ASSIST A
WITNESS TO MISREPRESENT HIMSELF OR IMPERSONATE
ANOTHER
Avoid any action that would make it appear that there is an
attempt to influence what the witness will say in court
RULE 12.07: A LAWYER SHALL NOT ABUSE, BROWBEAT OR
HARASS A WITNESS NOR NEEDLESSLY INCONVENIENCE HIM
Always treat witnesses with fairness and courtesy
RULE 12.08: A LAWYER SHALL AVOID TESTIFYING IN BEHALF
OF HIS CLIENT, EXCEPT:
a) ON FORMAL MATTERS (MAILING, AUTHENTICATION OF
INSTRUMENTS, CUSTODY OF SUCH, ETC.)
b) SUBSTANTIAL MATTERS (TESTIMONY IS ESSENTIAL TO
THE NEEDS OF JUSTICE)
The underlying reason for the impropriety of a lawyer acting in
such dual capacity lies in the difference between the functions
of a WITNESS (objective and truthful statement of relevant
facts) and an ADVOCATE (partisan view and acts to stress a
cause)
CANON 13: A LAWYER SHALL RELY UPON THE MERITS OF HIS
CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE OR GIVES THE APPEARANCE OF INFLUENCING THE
COURT
- The judiciary, as the branch of government responsible for the
administration of justice, must be independent and free from outside
interference
RULE
13.01:
A
LAWYER
SHALL
NOT
EXTEND
EXTRAORDINARY ATTENTION OR HOSPITALITY TO, NOR SEEL
OPPORTUNITY FPR CULTIVATING FAMILIARITY FOR JUDGES
Marked attention, unusual hospitality and any other act which
makes it appear that the lawyer is seeking to cultivate stronger
ties to the judge and prohibited (mere suspicions about the
lawyers motives should be avoided at all times)

RULE 13.02: A LAWYER SHALL NOT MAKE PUBLIC

STATEMENTS IN MEDIA REGARDING A PENDING CASE
ATTEMPTING TO AROUSE PUBLIC OPINION FOR OR AGAINST
A PARTY
Holding media events, public demonstrations and other
activities which rouse public opinion regarding a pending case
must be avoided
Concluded litigations may be criticized in a decent and
respectful manner but pending ones should not be as such may
influence the decision of the judge (Proper remedy: CONTEMPT)
The lawyer has the duty to expose any wrongdoings within the
machinery of justice in a courteous manner and before the
proper forum
RULE 13.03: A LAWYER SHALL NOT BROOK OR INVITE
INTERFERENCE BY ANOTHER BRANCH OR AGENCY OF THE
GOVERNMENT IN THE NORMAL COURSE OF JUDICIAL
PROCEEDINGS
Judicial independence should be protected at all times
IV.

LAWYER AND THE CLIENT

- A lawyer is an advocate who can choose what business to accept, except

when PUBLIC RESPONSIBILITY mandates that he RENDER LEGAL SERVICES
TO THE NEEDY AND THE OPPRESSED who are unable to pay
- An attorney-client relationship is strictly personal, characterized as highly
confidential and fiduciary
- RETAINER: act of engaging the services of a lawyer ( General secure
services beforehand for any anticipated legal problem; Special secure
services for a particular case)
- RETAINING FEE: a preliminary fee to insure future services and
compensate lawyer for the opportunity cost of being tied down to a
particular client (avoid conflict of interest with other prospective clients);
this does not cover the fees for actual and specific legal services
- A lawyer cant counsel or represent a client without an express or implied
CONTRACT OF EMPLOYMENT WITH A CLIENT (Documentary formalities are
convenient proofs but not necessary since what is important is to
ESTABLISH THE PROFESSIONAL RELATION THAT THE ADVICE AND
ASSISTANCE OF AN ATTORNEY IS SOUGHT AND RECEIVED IN A MANNER
PERTAINING TO HIS PROFESSION)
- In a law firm, the lawyers affiliated therein are considered as one entity
(it is the FIRM that is actually engaged for services, though different
PARTNERS or ASSOCIATES render such services in its name)
CANON 14: A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY
- The lawyer has a public responsibility to correct socio-economic
imbalances by providing legal services to those in dire need of such
RULE 14.01: A LAWYER SHALL NOT DECLINE TO REPRESENT
A PERSON SOLELY ON THE ACCOUNT OF THE LATTERS

RACE, SEX, CREED, OR STATUS OF LIFE, OR BECAUSE OF HIS

OPINION AS REGARDS TO THE GUILT OF THE PERSON
A lawyer must not act as a judge and immediately pass
judgment upon the accused, who is entitled to the
constitutional presumption of innocence until his guilt is proven
beyond reasonable doubt
In a civil action, rules prohibit a lawyer from taking a bad case
1. Sign the pleadings pages to certify its good cause
2. Take only cases one honestly believes to be
meritorious
3. Never delay or stir up suits due to improper motives
4. Dont accept cases which are baseless and made in
bad faith
RULE 14.02: A LAWYER SHALL NOT DECLINE, EXCEPT FOR
SERIOUS AND SUFFICIENT CAUSE, AN APPOINTMENT AS
COUNSEL DE OFICIO OR AMICUS CURIAE OR AN IBP
REQUEST FOR RENDITION OF FREE LEGAL AID
Frequent appointment of an attorney as counsel de oficio is
discouraged as not to burden the latter and his clients too much
RULE 14.03: A LAWYER MAY REFUSE TO ACCEPT
REPRESENTATION OF AN INDIGENT CLIEND IF:
A) HE IS NOT IN THE POSITION TO CARRY OUT THE WORK
EFFECTIVELY AND COMPETENTLY
B) HE LABORS UNDER CONFLICT OF INTEREST BETWEEN
HIM AND THE PROSPECTIVE CLIENT OR BETWEEN THE
PRESENT CLIENT AND THE PROSPECTIVE ONE
RULE 14.04: A LAWYER WHO ACCEPTS THE CAUSE OF A
PERSON UNABLE TO PAY HIS LEGAL FEES SHALL OBSERVE
THE SAME STANDARD OF CONDUCT GOVERNING HIS
RELATIONS WITH PAYING CLIENTS
Failure of the client to pay is not a valid excuse to abandon the
latters cause, especially if such failure is not characterized by
malice or fraud
CANON 15: A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS
RULE 15.01: A LAWYER, IN CONFERRING WITH A
PROSPECTIVE CLIENT, SHALL ASCERTAIN ASAP WHETHER
THE MATTER WILL INVOLVE A CONFLICT WITH ANOTHER
CLIENT OR HIS OWN INTEREST AND IF SO, SHALL INFORM
THE PROSPECTIVE CLIENT FORTHWITH
Concealment of facts from the client by a lawyer will lessen the
formers confidence in the latter and open said lawyer to
suspicions of possible betrayal or lack of devotion
Decline employment, no matter how lucrative, if the
circumstances of such will make it appear that the lawyer has
improper motives or that he is transgressing the professions
ethics

RULE 15.02: A LAWYER SHALL BE BOUND BY THE RULE ON

PRIVILEGED COMMUNCATION IN RESPECT OF MATTERS
DISCLOSED TO HIM BY A PROSPECTIVE CLIENT
The intent here is to enable the client to communicate to the
lawyer any pertinent information without fear of being betrayed
by the latter
RULE
15.03:
A
LAWYER
SHALL
NOT
REPRESENT
CONFLICTING INTERESTS EXCEPT UPON WRITTEN CONSENT
OF ALL CONCERNED GIVEN AFTER FULL DISCLOSURE OF THE
FACTS
Inform all parties concerned of the situation and the nature and
extent of the supposed conflict (intent: INFORMED DECISION
must be made)
RULE 15.04: A LAWYER MAY, UPON WRITTEN CONSENT OF
ALL CONCERNED, ACT AS MEDIATOR, CONCILIATOR OR
ARBITRATOR IN SETTLING DISPUTES
Take this rule in relation to R1.04, R15.07, etc.
RULE 15.05: A LAWYER WHEN ADVISING HIS CLIENT SHALL
GIVE A CANDID AND HONEST OPINION ON THE MERITS AND
PROBABLE RESULTS OF THE CLIENTS CASE, NEITHER
OVERSTATING NOR UNDERSTATING THE PROSPECTS OF
SUCH
The purpose here is to administer justice and protect the rights
of the injured, whether or not s/he is ones client (SUPREME
RETAINER to the justice system)
RULE 15.06: A LAWYER SHALL NOT STATE OR IMPLY THAT HE
IS ABLE TO INFLUENCE ANY PUBLIC OFFICIAL, TRIBUNAL OR
LEGISLATIVE BODY
Take this rule in relation to Canon 13
RULE 15.07: A LAWYER SHALL IMPRESS UPON HIS CLIENTS
COMPLIANCE WITH THE LAWS AND PRINCIPLES OF FAIRNESS
Take this rule in the context of Canons 10, 11, 12 and 17
RULE 15.08: A LAWYER WHO IS ENGAGED IN ANOTHER
PROFESSION OR OCCUPATION CONCURRENTLY WITH THE
PRACTICE OF LAW SHALL MAKE CLEAR TO HIS CLIENT
WHETHER HE IS ACTING AS A LAWYER OR IN ANOTHER
CAPACITY
The client has a right to know since he has the last say on WON
to continue with the attorney-client relationship
Taken in relation to R7.03, where a lawyer may be disciplined
for any improper acts performed in whatever capacity
V.

LAWYER AS TRUSTEE OF CLIENTS PROPERTY

CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEY(S)
AND/OR PROPERTY RECEIVED FROM AND/OR FOR THE CLIENT

- A fiduciary relationship exists as a matter of law between attorney and

client, which requires all dealings growing out of such relationship to be
subject to the closest judicial scrutiny
- Attorney should not transact with the client in financial matters that
would disadvantage the latter (intent: prevent the lawyer from preying on
clients weakness)
- Art. 1491 of NCC prohibits the lawyer and other court officers from
purchasing property in litigation:
1. Attorney-client relationship exists
2. Property is the subject of litigation
3. Attorney takes part in said litigation
4. Purchase done during the pendency of such
* Exceptions to the rule:
1. ACR terminated in good faith prior to purchase
2. Lawyer buys/bids for property on behalf of client
3. Contingent fee contract upon the outcome of litigation
RULE 16.01: A LAWYER SHALL ACCOUNT FOR ALL MONEY
AND PROPERTY COLLECTED OR RECEIVED FOR OR FROM
CLIENT
No unilateral appropriation of funds without asking and securing
clients consent
RULE 16.02: A LAWYER SHALL KEEP THE FUNDS OF EACH
CLIENT SEPARATE AND APART FROM HIS OWN AND THOSE
OF OTHERS KEPT BY HIM
Take good care of clients property since the ACR is
characterized by a high degree of trust and fidelity
RULE 16.03: A LAWYER SHALL DELIVER THE FUNDS AND
PROPERTY TO HIS CLIENTWHEN DUE OR UPON DEMAND.
HOWEVER, HE SHALL HAVE A LIEN OVER THE FUNDS AND
MAY APPLY TO SATISFY FEES AND DISBURSEMENTS, GIVING
CLIENT PROMPT NOTICE. HE SHALL ALSO HAVE A LIEN ON
ALL JUDGMENTS AND EXECUTIONS SECURED FOR HIS
CLIENT
Failure to return clients property upon demand gives rise to a
presumption of misappropriation
RULE 16.04: A LAWYER SHALL NOT BORROW MONEY FROM
HIS CLIENT UNLESS THE CLIENTS INTERESTS ARE FULLY
PROTECTED BY THE NATURE OF THE CASE OR BY
INDEPENDENT ADVICE. NEITHER SHALL A LAWYER LEND
MONEY TO A CLIENT EXCEPT, WHEN IN THE INTEREST OF
JUSTICE, HE HAS TO ADVANCE NECESSARY EXPENSES IN A
LEGAL MATTER BEING HANDLED BY HIM
Never engage the client in a debtor-creditor relationship unless
the latters rights are fully secured or it is really necessary in
the interest of justice
VI.

ENTIRE DEVOTION TO CLIENTS CAUSE

CANON 17: A LAWYER OWES FIDELITY TO THE CAUSE OF HIS

CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE IN HIM
- Once the lawyer takes up clients cause, he must entirely devote himself
to such within reasonable bounds
- The client is entitled to the benefit of possible legal remedy or defense
and he can expect his lawyer to assert such for him
- Negligence or infidelity to clients cause will subvert the administration of
justice and prejudice the rights of the litigant
CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE
- The lawyer has the duty to serve the client in order to safeguard the
latters rights
RULE 18.01: A LAWYER SHALL NOT UNDERTAKE A LEGAL
SERVICE WHICH HE KNOWS OR SHOULD KNOW THAT HE IS
NOT QUALIFIED TO RENDER. HOWEVER, HE MAY RENDER
SUCH SERVICE IF, WITH THE CONSENT OF HIS CLIENT, HE
CAN OBTAIN AS COLLABORATING COUNSEL A LAWYER WHO
IS COMPETENT ON THE MATTER
Never take a case involving a specialized legal field without any
knowledge of such (see R8.02 for a possible remedy)
RULE 18.02: A LAWYER SHALL NOT HANDLE ANY LEGAL
MATTER WITHOUT ADEQUATE PREPARATION
Take note of R12.01, Canon 4 & 5
RULE 18.03: A LAWYER SHALL NOT NEGLECT A LEGAL
MATTER ENTRUSTED TO HIM, AND HIS NEGLIGENCE SHALL
RENDER HIM LIABLE
Standard of care: Reasonable/ Ordinary diligence
RULE 18.04: A LAWYER SHALL KEEP THE CLIENT INFORMED
OF THE STATUS OF HIS CASE AND SHALL RESPOND WITHIN
A
REASONABLE
TIME
TO
CLIENTS
REQUEST
FOR
INFORMATION
The client is entitled to the fullest disclosure of how his case is
being handled since his rights are at stake
CANON 19: A LAWYER SHALL REPRESENT THE CLIENT WITHIN THE
BOUNDS OF LAW
- The duty to render efficient service in defending clients cause should not
defeat the purpose of the legal system, which is to administer justice to
those in dire need of such
RULE 19.01: A LAWYER SHALL EMPLOY ONLY FAIR AND
HONEST MEANS TO ATTAIN THE LAWFUL OBJECTIVES OF THE
CLIENT AND SHALL NOT PRESENT, PARTICIPATE OR
THREATEN TO PRESENT UNFOUNDED CRIMINAL CHARGES TO
OBTAIN IMPROPER ADVANTAGE
Only fair and honest means are to be used in serving the client,
since it is presumed the lawyer believes the latters cause to be
meritorious

Take the ff. into account: R15.07, R12.02, etc.

RULE 19.02: A LAWYER WHO HAS RECEIVED INFORMATION

THAT HIS CLIENT PERPETUATED A FRAUD UPON A PERSON
OR TRIBUNAL SHALL PROMPTLY CALL UPON THE CLIENT TO
RECTIFY THE SAME AND TERMINATE THE RELATIONSHIP
UPON FAILURE OF THE LATTER TO DO SO
Take the ff. into account: R1.01, R1.02, R15.07, etc.
RULE 19.03: A LAWYER SHALL NOT ALLOW THE CLIENT TO
DICTATE THE PROCEDURE IN HANDLING THE CASE
Ask for clients opinion on how to go about with the matter but
never let him take control of the actual legal handling of the
case (R15.07)
VII.

AUTHORITY OF LAWYER
A. IN GENERAL
1. POWER TO BIND THE CLIENT: The professional employment
of an attorney confers upon him to do on behalf of his client such
acts as are necessary or incidental to the prosecution or
management of the suit entrusted to him or the accomplishment of
the purpose for which he was retained
2. ATTORNEY AS CLIENTS AGENT: Outside the court, the
ordinary agent test applies; Inside the court, officer of the court test
applies
3. COLLECTION OF CLAIMS: The authority to collect does not
include the authority to lower the amount, condone the debt,
unilaterally appropriate the amount collected, etc.
4. ACCEPTANCE OF SERVICE OF SUMMONS: Authority to
accept summons not necessarily implied in ACR
5. DELEGATION OF AUTHORITY: Never delegate to another
lawyer tasks entrusted by the client unless the latter gave consent
or ratified such delegation
6. DELEGATION OF LEGAL WORK: In law firms or partnerships,
the legal work may be delegated to the associated since the logic
here is that the FIRM was the one hired to represent the client
B. AUTHORITY TO APPEAR
1. WHAT IS APPEARANCE: Appearance refers to the lawyers
appearance in court in behalf of the client asking relief from such,
binding upon the clients retention or the courts authorization
(voluntary submission to courts jurisdiction)
2. TYPES OF APPEARANCE: General (implies voluntary
submission to courts jurisdiction) and Special (appearance solely to
contest the courts jurisdiction over the client/ matter)
3. PRESUMPTION OF AUTHORITY TO APPEAR: A lawyer is
presumed to hav the authority to appear but this may be
challenged by the adverse party or the purported client himself
4. DISCLOSURE OF AUTHORITY: Once the authority to appear is
challenge, the court may require the attorney to prove his authority
to appear by presenting evidence indicating the existence of the
ACR/retainer

5. UNAUTHORIZED APPEARANCE: Unauthorized appearance will

not bind the purported client and the erring lawyer will be cited for
CONTEMPT
C. CONDUCT OF LITIGATION
- In the conduct of litigation, the claim sued upon and the subject matter
of the litigation (SUBSTANTIAL compromise, ratification, waiver of
rights, dismiss/settle cause, etc.) is within the clients exclusive control
while the lawyer can bind the client in matters of ordinary judicial
procedure
(PROCEDURAL

procedural
questions,
admissions,
stipulations, etc. )
D. MATTERS PERTAINING TO CLIENT
1. KNOWLEDGE ACQUIRED BY LAWYER: See R15.02, Canon 21
2. NOTICE, ITS EFFECTS AND MODES OF SERVICE: Notice to
counsel on record is notice to client unless:
a. There are 2 lawyers and there is an agreement that only one
of them is to receive said notice
b. There is the danger of collusion
c. The accused/litigant has no counsel
d. The court exercised discretion to serve notice on the litigant
Notice is usually served by mail or by personal delivery to the
counsels office
3. MISTAKE OF COUNSEL BINDING UPON THE CLIENT:
Generally, mistake of the attorney binds the client as regards to
procedural matters
4. EXCEPTIONS TO THE MISTAKE AS BINDING RULE: The
general rule does not apply if the negligence is so gross that the
client is deprived of due process
VIII.

COMPENSATION OF ATTORNEY
CANON 20:
A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES
- Although the profession is not a business, it is only fair that the lawyer be
compensated for services rendered to a client and the court will protect
the lawyer from clients who will attempt to defraud him
- Attorneys fees will not accrue unless there exists an ATTORNEY-CLIENT
RELATIONSHIP:
1. RETAINER/EXPRESS CONTRACT: The contract for professional
services may be written or oral (general retainer: secure future
services/ special retainer: for actual services rendered) and
general provisions of the contract laws (1305-1422 of NCC)
applies concerning its validity
2. CONTINGENT FEE CONTRACT: agreement in writing wherein
the fee, usually a fixed percentage of what may be recovered
by the action, is made to depend upon the success in enforcing
the clients rights. To be valid, it should be written, not violative
any provisions of the law concerning contracts and the fee
should not be unconscionable.
NB: Contracts regarding professional legal services are to be
construed in favor of the client (De los Santos Vs. Palanca) and

the Court will only interfere when said contracts violate the law
or cause injustice to the client
3. QUANTUM MERUIT: The court will fix the attorneys
compensation depending upon the nature, quantity and quality
of the services he rendered, which benefited the client, if:
a. There is no agreement as to legal fees
b. The amount stipulated is unconscionable
c. Client rejects the amount as unconscionable
d. The contract is invalid for some other reason
e. Lawyer failed to complete the litigation w/o fault
- Only lawyers who actually rendered service may share in the fees
(agreement/ proportion), from the time they were hired to the time of their
discharge by the client or upon termination of the litigation (REFUND
WHAT WAS NEVER EARNED)
- Liability for attorneys fees:
1. Client who retains counsels services
2. Those who benefited from the services (extent of benefit)
3. Assignee
4. Labor cases: union and non-union members who benefit
5. Derivative suits: all stockholders or company funds liable
6. Receivership proceedings: assets under receivership
7. Trusteeship/guardianship: trust estate/ wards property
8. Estate proceedings: estates assets (depending on its net
worth) prior to distribution and the heirs in proportion to their
shares, if the assets have been partitioned already
- Clients can not use their prerogative to terminate the ACR for the
purpose of defrauding the lawyer and to deprive him of his rightful fees
RULE 20.01: A LAWYER SHALL BE GUIDED BY THE
FOLLOWING FACTORS IN DETERMINING HIS FEES:
a) THE TIME SPENT AND EXTENT OF SERVICES
RENDERED OR REQUIRED
b) NOVELTY AND DIFFICULTY OF THE QUESTIONS
INVOLVED
c) IMPORTANCE OF THE SUBJECT MATTER
d) SKILL DEMANDED
e) PROBABILITY OF LOSING ANOTHER EMPLOYMENT
f) CUSTOMARY IBP CHARGES
g) AMOUNT INVOLVED OR BENEFITS RESULTING TO
CLIENT
h) CONTINGENCY OR CERTAINTY OF COMPENSATION
i)
CHARACTER
OR
EMPLOYMENT
(occasional/established)
J) PROFESSIONAL STANDING OF LAWYER
Other factors that may be considered: Test case, Capacity of
client to pay, statutory limits, etc.
RULE 20.02: A LAWYER SHALL, IN CASES OF REFERRAL,
WITH THE CONSENT OF THE CLIENT, BE ENTITLED TO A
DIVISION OF FEES IN PROPORTION TO THE WORK
PERFORMED AND THE BENEFITS ASSUMED
Referral here contemplates that there was some form of
additional service/ responsibility assumed by another counsel

RULE 20.03: A LAWYER SHALL NOT, WITHOUT CLIENTS FULL

KNOWLEDGE AND CONSENT, RECEIVE COMPENSATION FROM
ANOTHER
Lawyers fidelity must be devoted to the client alone
RULE 20.04: A LAWYER SHALL AVOID CONTROVERSIES WITH
CLIENTS CONCERNING COMPENSATION AND SHALL RESORT
TO JUDICIAL ACTION ONLY WHEN THERE IS FRAUD,
IMPOSITION OR INJUSTICE

IX.

In recovering fees in case of irreconcilable conflict with client, a

lawyer may take judicial action to enforce his rights:
1. PETITION TO RECOVER AS THE INCIDENT OF MAIN
ACTION FOR WHICH THE SERVICES WERE RENDERED:
File the ancilliary petition to recover with the main action
before the court concerned to avoid multiplicity of suit.
2. INDEPENDENT CIVIL ACTION: This is the remedy when
the main action fails, such does not involve the services
for which fees are sought from, the party litigant is not
liable for fees, court trying the main action loses
jurisdiction or the lawyer reserved the right to file a
separate claim before the court.
3. ESTATE PROCEEDINGS: When the administrator fails
to pay, file a claim (INTERVENTION IN THE SETTLEMENT)
with the estate before the probate court prior to
distribution of assets.
Either way, the claim to fees must be proven by the lawyer
during trial but defenses in ORDINARY CIVIL SUITS apply
In case there are properties belonging to the client that are
within the lawyers possession and the former refuses to pay,
the lawyer MUST SECURE A COURT ORDER FOR THE
ALLOWANCE OF FEES WITH NOTICE TO THE CLIENT TO GIVE THE
LATTER OPPORTUNITY TO BE HEARD
Attorneys fees awarded in damages (Art. 2208) belong to the
client since the court awards such in cases where the litigant
was forced to come to court for relief as to ease his burden (ie.
Exemplary damages, backwages, indemnities, support, etc.)
such is discretionary but requires the existence of a private
counsel and a money judgment

PRESERVATION OF CLIENTS CONFIDENCE

CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF CLIENT EVEN AFTER THE ACR IS TERMINATED
- The general rule is that the duration of the duty to preserve confidence is
PERPETUAL
- The attorney-client privilege attaches only where LEGAL ADVICE is sought
from an ATTORNEY IN HIS PROFESSIONAL CAPACITY with respect to
COMMUNICATIONS relating to that purpose, made by the CLIENT IN
CONFIDENCE (evidentiary privilege may be waived by the client)
- The communication must be made in confidence (intent to classify such
as confidential) by voluntary disclosure between client and lawyer, in
whatever mode
- The privilege may be claimed by those hired by the client or lawyer for
effective consultation or communication

- The privilege extends to PRIVILEGED MATTERS (work products like

documents, computer files, etc.)
- The privilege does not extend to PRESENT OR FUTURE OFFENSES, only to
past ones already committed
RULE 21.01: A LAWYER SHALL NOT REVEAL THE
CONFIDENCE OR SECRETS OF CLIENT EXCEPT:
a) WHEN AUTHORIZED BY THE COURT
b) WHEN REQUIRED BY LAW
c) WHEN NECESSARY TO COLLECT FEES OR TO DEFEND
SELF BY JUDICIAL ACTION
Privilege should not be used to break the law or injure others
rights
RULE 21.02: A LAWYER SHALL NOT, TO THE DISADVANTAGE
OF THE CLIENT, USE INFORMATION ACQUIRED IN THE
COURSE OF EMPLOYMENT NOR SHALL HE USE THE SAME TO
HIS OR ANOTHERS ADVANTAGE UNLESS CLIENT GAVE
CONSENT UPON FULL KNOWLEDGE
The lawyer enjoys the clients full confidence; he must not do
anything to take advantage of such for money or any other
improper motive
RULE 21.03: A LAWYER SHALL NOT, WITHOUT THE WRITTEN
CONSENT OF THE CLIENT, GIVE INFORMATION TO OUTSIDE
AGENCIES
Work product of a lawyer is considered PRIVILEGED MATTER
RULE 21.04: THE LAWYER MAY DISCLOSE INFORMATION TO
ASSOCIATES OR PARTNERS IN THE FIRM HIRED BY THE SAID
CLIENT UNLESS THE LATTER PROHIBITS SUCH
All members and employees of the FIRM are considered as one
entity
RULE 21.05: A LAWYER SHALL ADOPT MEASURES AGAINST
THE DISCLOSURE OF CLIENTS SECRETS
Do everything to prevent possible leakage (this rule may be
violated UNINTENTIONALLY through negligence)
RULE 21.06: A LAWYER SHALL AVOID INDISCREET
CONVERSATION ABOUT CLIENTS AFFAIRS EVEN WITH
MEMBERS OF HIS FAMILY
Indiscreetness contemplates negligence or intent to cause
damage
RULE 21.07: A LAWYER SHALL NOT REVEAL HIS HAVING
BEEN CONSULTED
This applies to matters revealed by PROSPECTIVE CLIENTS
(Hilado case)
X.

TERMINATION OF SERVICES

CANON 22: A LAWYER MAY WITHDRAW HIS SERVICES ONLY FOR

GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES
- The notice of discharge, to bind the court, must be made formally
through a MOTION TO DISCHARGE before such and notice given to the
adverse party
- Once the lawyer is discharged, he cant represent the client anymore
- ACR terminates upon the clients loss of legal capacity
- How to change counsels:
1. Client discharges A and hires B
2. Attorney withdraws appearance with clients consent or due to
valid cause
3. Application for SUBSTITUTION OF COUNSEL:
a. written application for substitution
b. written consent of client
c. written consent of substituting lawyer
d. notice of the application upon the substituting lawyer
RULE 22.01: A LAWYER MAY WITHDRAW HIS SERVICES IN
ANY OF THE FOLLOWING:
a) CLIENT PURSUES AN ILLEGAL OR IMMORAL COURSE
OF CONDUCT
b) CLIENT INSIST THAT LAWYER VIOLATE THE CPR
c) INABILITY TO WORK WITH CO-COUNSEL WILL
PREJUDICE CLIENT
d) MENTAL OR PHYSICAL DIFFICULTY WILL PREJUDICE
CLIENT
e) CLIENT DELIBERATELY FAILS TO PAT THE FEES
f) LAWYER ASSUMES PUBLIC OFFICE
g) OTHER SIMILAR CASES
In withdrawal for good causes, clients consent is not needed,
only NOTICE
RULE 22.02: A LAWYERS WITHDRAWAL OR DISCHARGE
SHALL BE WITHOUT PREJUDICE TO HIS ATTORNEYS LIEN
A lawyer who is discharged or withdraws must immediately turn
over all papers and property belonging to client and orderly
transfer such to his successor subject to a LIEN as a security for
his fees:
1. Retaining Lien: Clients property w/in his possession
by virtue of his professional capacity until he is paid
(right to retain the clients property general lien for the
balance of the account, a passive right to inconvenience
client to satisfy fees due)
2. Charging lien: Money judgments or executions
wherein he rendered services (claim must be entered on
record special lien for services rendered and attaches
to real or personal property awarded)
XI.

SUSPENSION AND DISBARMENT

A. AUTHORITY OF SC TO DISCIPLINE LAWYERS
- The SC has the right to determine WON a person should be allowed to
practice law or be banned from such (CONST. Art 8, sec. 5.5)

- Disciplinary proceedings are aimed at protecting the public from

unscrupulous lawyers and to ensure the integrity of the profession and the
justice system
B. GROUNDS FOR DISCIPLINE
- Grounds for discipline apply to misconduct before or incident to
admission
- Grounds for suspension and disbarment: Rule 138 sec. 27 are not
exclusive since CPR and lawyers oath violations also merit administrative
sanctions
XII.

CODE OF JUDICIAL CONDUCT

- The CJC took effect in 1989 when by virtue of a resolution the SC adopted

AO 162, promulgating the canons of judicial ethics

- The Preamble of the CJC: An honorable, competent and independent
judiciary exists to administer justice and thus promote the unity of the
country, the stability of the government and the well-being of the people
- The administration of justice is a joint responsibility of the lawyer and the
judge
CANON 1: A JUDGE SHOULD UPHOLD THE INTEGRITY AND
INDEPENDENCE OF THE JUDICIARY
- A magistrate of the law must live up the standards of being the VISIBLE
REPRESENTATION OF LAW AND JUSTICE
- Who is a JUDGE: public officer designated to preside and to administer
law in a court of justice, a man of learning who should be imbued with a
high sense of duty and responsibility
RULE 1.01: A JUDGE SHOULD BE THE EMBODIMENT OF
COMPETENCE, INTEGRITY AND INDEPENDENCE
See Constitution Art. 8, Sec. 13
RULE 1.02: A JUDGE SHOULD ADMINISTER JUSTICE
IMPARTIALLY AND WITHOUT DELAY
A judge should be objective, deciding in accordance with the
law above all things
RULE 1.03: A JUDGE SHOULD BE VIGILANT AGAINST ANY
ATTEMPT TO SUBVERT THE INDEPENDENCE OF THE
JUDICIARY AND RESIST ANY PRESSURE FROM WHATEVER
SOURCE
The administration of justice should not be influenced by
outside forces lest legal rights be prejudiced
CANON 2: A JUDGE SHOULD AVOID IMPROPRIETY
APPEARANCE OF SUCH IN ALL ACTIVITIES

OR

THE

RULE 2.01: A JUDGE SHOULD BEHAVE AT ALL TIMES TO

PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY OR
IMPARTIALITY OF THE JUDICIARY
The cold neutrality rule must apply, even when judge is
engaging in social activities outside the court

RULE 2.02: A JUDGE SHOULD NOT SEEK PUBLICITY FOR

PERSONAL VAINGLORY
RULE 2.03: A JUDGE SHOULD NOT ALLOW OTHER
RELATIONSHIPS TO INFLUENCE JUDICIAL CONDUCT OR
JUDGMENT; THE JUDICIAL OFFICE SHALL NOT BE USED TO
ADVANCE PRIVATE INTERESTS
CANON 3: A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY,
WITH IMPARTIALITY AND DILIGENCE
(ADJUDICATIVE)
RULE 3.01: A JUDGE SHALL BE FAITHFUL TO THE LAW AND
MAINTAIN PROFESSIONAL COMPETENCE
RULE 3.02: IN EVERY CASE, THE JUDGE SHALL ENDEAVOR
DILIGENTLY TO ASCERTAIN THE FACTS AND APPLICABLE LAW
UNSWAYED BY PARTISAN INTERESTS, PUBLIC OPINION OR
FEAR OF CRITICISM
RULE 3.03: A JUDGE SHALL MAINTAIN ORDER AND PROPER
DECORUM IN THE COURT
Fitting dignity and decorum in court to merit respect by
example
RULE 3.04: A JUDGE SHOULD BE PATIENT, ATTENTIVE AND
COURTEOUS TO LAWYERS, WITNESSES AND LITIGANTS
Respect begets respect
RULE 3.05: A JUDGE SHALL DISPOSE OF THE COURTS
BUSINESS PROMPTLY AND DECIDED CASES WITHIN
REQUIRED PERIODS
Art 8 sec. 15 of the Constitution lays down the ff. periods:
1. SC 24 mths
2. Collegiate courts 12 mths
3. Lower courts 3 mths
RULE 3.06: A JUDGE SHOULD PROPERLY INTERVENE IN THE
PRESENTATION OF EVIDENCE DURING TRIAL BUT SUCH
SHOULD NOT AMOUNT TO UNDUE INTERFERENCE THAT MAY
PREVENT THE ASCERTAINMENT OF TRUTH
Questioning witnesses on relevant facts is allowed if such
concerns a material point as long as it has a neutral effect on
both parties
RULE 3.07: A JUDGE SHOULD ABSTAIN FROM MAKING
PUBLIC COMMENTS ON PENDING CASES ALONG WITH COURT
PERSONNEL
(ADMINISTRATIVE)
RULE 3.08: A JUDGE SHOULD DILIGENTLY DISCHARGE
ADMINISTRATIVE
RESPONSIBILITIES,
MAINTAIN
PROFESSIONAL COMPETENCE IN COURT MANAGEMENT AND

FACILITATE
THE
PERFORMANCE
OF
ADMINISTRATIVE
FUNCTIONS
Never blame the staff for administrative glitches
Take care of court records, equipment, etc.
RULE 3.09: A JUDGE SHOULD ORGANIZE AND SUPERVISE
COURT PERSONNEL TO ENSURE THE PROMPT AND EFFICIENT
DISPATCH OF BUSINESS
Efficient manner of recording and filing cases, etc.
RULE 3.10: A JUDGE SHOULD TAKE OR INITIATE
APPROPRIATE DISCIPLINARY MEASURES AGAINST LAWYERS
OR COURT PERSONNEL FOR UNPROFESSIONAL CONDUCT
RULE 3.11: A JUDGE SHOULD EXERCISE APPOINTING
POWERS STRICTLY ON THE BASIS OF MERIT AND
QUALIFICATIONS
(DISQUALIFICATIONS)
RULE 3.12: A JUDGE SHOULD TAKE NO PART IN THE
PROCEEDINGS WHEREIN HIS IMPARTIALITY MAY BE
QUESTONED, INCLUDING:
a) PERSONAL KNOWLEDGE OF EVIDENTIARY FACTS
b) INTERVENTION AS LITIGANT, COUNSEL OR WITNESS
c) LOWER COURT RULING IS BEING REVIEWED
d) RELATIONSHIP BY CONSAGUINITY OR AFFINITY
(LITIGANT 6 DEG; COUNSEL 4 DEG)
e) SPOUSE OR CHILD HAS FINANCIAL INTEREST/BENEFIT
IN EVERY INSTANCE, THE JUDGE SHALL STATE THE LEGAL
REASON FOR INHIBITION
Compulsory inhibition (Rule 137, sec. 1) b,c,d,e
Voluntary inhibition (Rule 137, sec. 2) judge may exercise
discretion after ascertaining WON his impartiality will be
questioned
(REMITTAL OF DISQUALIFICATION)
RULE 3.13: A JUDGE, INSTEAD OF WITHDRAWING, MAY
SIMPLE DISCLOSE THE INHIBITION ON RECORD AND MAY
PARTICIPATE IF ALL PARTIES AND THEIR LAWYERS AGREE IN
WRITING THAT THE INHIBITION IS IMMATERIAL
CANON 4: A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES,
ENGAGE IN ACTIVITIES TO IMPROVE THE LAW AND THE JUSTICE
SYSTEM
RULE 4.01: A JUDGE MAY, IF NOT DOUBT IS CAST UPON HIS
IMPARTIALITY,
a) TEACH, WRITE OR LECTURE ON LAW AND THE LEGAL
SYSTEM
b) APPEAR AT PUBLIC LEGISLATIVE OR EXECUTIVE
HEARING REGARDING MATTERS CONCERNING THE LAW
AND THE JUSTICE SYSTEM

c) SERVE ON ANY ORGANIZATION DEVOTED TO LEGAL

IMPROVEMENT AND DEVELOPMENT
CANON 5: A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES
TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES
(VOCATION AND CHARITY)
RULE 5.01: A JUDGE MAY ENGAGE IN THE FOLLOWING IF
SUCH DO NOT INTERFERE WITH HIS DUTIES
a) TEACH OR WRITE ON NON-LEGAL SUBJECTS
b) ENGAGE IN CULTURAL OR RECREATIONAL ACTIVITIES
c) PARTICIPATE IN CIVIC AND CHARITABLE ACTIVITIES
d) SERVE IN A NON-LEGAL CAPACITY IN A NON-PROFIT,
NON-POLITICAL ORGANIZATION
(FINANCIAL)
- See RA 3019 and RA 6713
RULE 5.02: A JUDGE SHALL REFRAIN FROM FINANCIAL
DEALINGS THAT WOULD INTERFERE IN HIS EXERCISE OF
JUDICIAL FUNCTIONS AND MANAGE HIS INVESTMENTS IN A
WAY
THAT
MINIMIZES
THE
GROUNDS
FOR
DISQUALIFICATION
RULE 5.03: A JUDGE SHOULD MANAGE INVESTMENTS
INDIRECTLY EXCEPT AS A DIRECTOR FOR A FAMILY BUSINESS
RULE 5.04: A JUDGE AND HIS IMMEDIATE FAMILY SHOULD
NOT ACCEPT ANY CONSIDERATION FROM ANYONE EXCEPT IF
ALLOWED BY LAW
RULE 5.05: A JUDGE SHOULD NOT USE INFORMATION
OBTAINED IN JUDICIAL CAPACITY FOR NON-JUDICIAL
ACTIVITIES
(FIDUCIARY)
RULE 5.06: A JUDGE CAN SERVE AS FAMILY FIDUCIARY BUT
SHALL NOT:
a) SERVE IN PROCEEDINGS BEFORE HIS OWN COURT
b) ACT CONTRARY TO 5.02 5.05
RULE 5.07: A JUDGE SHALL NOT ENGAGE IN THE PRIVATE
PRACTICE
OF
LAW.
UNLESS
PROHIBITED
BY
THE
CONSTITUTION OR LAW, PRACTICE OF ANY OTHER
PROFESSION
WITHOUT
CONFLICT
WITH
JUDICIAL
FUNCTIONS IS ALLOWED
RULE 5.08: A JUDGE SHALL MAKE
DISCLOSURE AS REQUIRED BY THE LAW

FULL

FINANCIAL

RULE 5.09: A JUDGE SHALL NOT ACCEPT APPOINTMENTS OR

DESIGNATIONS
TO
QUASI-JUDICIAL/
ADMINISTRATIVE
AGENCIES
RULE 5.10: A JUDGE IS ENTITLED TO AIR PERSONAL OPINION
OF POLITICAL QUESTIONS BUT INVOLVEMENT IN PARTISAN
POLITICAL ACTIVITY IS NOT ALLOWED
Constitution Art 9b, sec. 2(4)
XIII.

DISMISSAL OF JUDGES
A. GENERAL RULE: JUDGES ARE NOT LIABLE FOR ACTS DONE IN
THE EXERCISE OF JUDICIAL FUNCTIONS
- Public officials like judges enjoy the PRESUMPTION OF PROPER
DISCHARGE OF OFFICIAL DUTIES unless there is satisfactory evidence that
shows the judge was guilty of fraud, gross negligence, dishonesty,
corruption or bad faith
B. JUDICIAL REMEDIES BEFORE FILING ADMINISTRATIVE CASE
- Exhaust the available judicial remedies to rectify an allegedly erroneous
decision before filing an administrative case vs. the judge
C. PROCEDURE FOR DISCIPLINE AND DISCIPLINARY ACTION
- Steps to take (impeachment or judges are penal in nature):
1. File complaint with the SC in writing, laying down the facts and
the charges vs. the judge (sworn and supported by affidavits)
2. Respondent judge will be sent a SHOW-CAUSE notice from the SC
3. SC will dismiss charges if such are not meritorious but when the
facts of the record show liability, judge will be sanctioned (RES IPSA
LOQUITUR facts are admitted or on its face show culpability
without satisfactory explanation)
4. Quantum of evidence: BEYOND REASONABLE DOUBT
D. REINSTATEMENT
- Depends on the circumstances but the basic tenet is that HE HAD NO
BAD FAITH OR ANY RECORD OF SUCH