Beruflich Dokumente
Kultur Dokumente
LEGAL ETHICS
Attorneys Oath:
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he made when taking the lawyers oath. (In Re:
Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
BAR V. BENCH
Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are licensed
officers of the courts, empowered to appear prosecute and
defend and upon whom peculiar duties, responsibilities,
and liabilities are developed by law as a consequence (Cui
v. Cui, 120 Phil. 729).
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Attorney ad hoc a person named and appointed by the
court to defend an absentee defendant in the suit in which
the appointment is made (Bienvenu v. Factors of Traders
Insurance Cp., 33 La.Ann.209)
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The Supreme Court has the power to control and regulate
the practice of law. Thus, the Constitution, under Article
VIII, Sec. 5 (5) provides:
Practice of Law
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5. Production before the supreme court satisfactory
evidence of:
good moral character
no charges against him, involving moral
turpitude, have been filed or are pending in
any court in the Philippines.
Liabilities of Lawyers
Civil Liability
1. Client is prejudiced by lawyers negligence or
misconduct
2. Breach of fiduciary obligation
3. Civil liability to third persons
4. Libelous words in pleadings; violation of
communication privilege
5. Liability for costs of suit (treble costs) when
lawyer is made liable for insisting on clients
patently unmeritorious case or interposing appeal
merely to delay litigation
Criminal Liability
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1. Prejudicing client through malicious breach of
professional duty
2. Revealing clients secrets
3. Representing adverse interests
4. Introducing false evidence
5. Misappropriating clients funds (estafa)
Contempt of Court
a. Kinds of Contempt:
1. Misbehavior
2. Disobedience
3. Publication concerning pending litigation
4. Publication tending to degrade the court;
disrespectful language in pleadings
5. Misleading the court or obstructing justice
6. Unauthorized practice of law
7. Belligerent attitude
8. Unlawful retention of clients funds
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3. to punish the lawyer;
4. to set an example or a warning for the other
members of the bar;
5. to safeguard the administration of justice from
incompetent and dishonest lawyers;
6. to protect the public
1. deceit;
2. malpractice or other gross misconduct in office;
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a
superior court;
7. corrupt or willful appearance as attorney for a
party to case without authority to do so (Sec. 27,
Rule 138, RRC)
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8. Board of Governors decides within 30 days.
9. Investigation by the Solicitor-General
10. SC renders final decision for disbarment/
suspension/ dismissal.
1. Supreme Court
2. IBP through its Commission on Bar Discipline or
authorized investigator
3. Office of the Solicitor General
1. 1. guardians;
2. 2. agents
3. 3. administrators
4. 4. public officers and employees
5. 5. judicial officers and employees
6. 6. prosecuting attorneys and lawyers (Art
1491, NCC)
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7. 7. those specially disqualified by
law (Rubias vs. Batilles, 31 SCRA 120)
Effects:
Judicial Ethics
15. SC Circulars
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3. Criminal case before the MTC in a locality where a
duly licensed member of the Bar is not available:
the judge may appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid the
accused in his defense (Rule 116, Sec. 7, RRC).
4. Legal Aid Program A senior law student, who is
enrolled in a recognized law schools clinical
education program approved by the supreme Court
may appear before any court without
compensation, to represent indigent clients,
accepted by the Legal Clinic of the law school. The
student shall be under the direct supervision and
control of an IBP member duly accredited by the
law school.
5. Under the Labor code, non-lawyers may appear
before the NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members
thereof (Art 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral
Court (Act no. 2259, Sec. 9).
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1. 1. No Senator as member of the House of
Representative may personally appear as counsel
before any court of justice as before the Electoral
Tribunals, as quasi-judicial and other administration
bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec.
91)Sanggunian members may practice their
professions provided that if they are members of
the Bar, they shall not:
1. appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is
the adverse party;
2. appear as counsel in any criminal case wherein an
officer or employee of the national or local
government is accused of an offense committed in
relation to his office;
3. collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
4. use property and personnel of the government
except when the Sanggunian member concerned is
defending the interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
government, cannot act as counsel in any civil
case in which the Government, or any of its
subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the
Government is accused of an offense in relation to
his office.
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Chapter 1:
Duties of Attorneys:
1. to maintain allegiance to the Republic of the
Philippines and to support the Constitution and
obey the laws of the Philippines;
2. to observe and maintain the respect due to the
courts of justice and judicial officers;
3. to counsel or maintain such actions or proceedings
only as appear to him as just, and such defenses
only as he believes to be honestly debatable under
the laws;
4. 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;
5. to maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his
client, and to accept no compensation in
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connection with his clients business except from
him or with his knowledge and approval;
6. 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;
7. not to encourage either the commencement or the
continuance of an action or proceeding, or delay
any mans cause for any corrupt motive or interest;
8. never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;
9. in the defense of a person accused of a 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.
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unprincipled or disgraceful as to be reprehensible
to a high degree; it is a WILLFUL, FLAGRANT or
SHAMELESS ACT which shows a MORAL
INDIFFERENCE to the opinion of respectable
members of the community. (Narag vs. Narag,
1998)
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Barratry offense of frequently exciting and
stirring up quarrels and suits, either at law or
otherwise; Lawyers act of fomenting suits among
individuals and offering his legal services to one of
them.
Ambulance Chasing Act of chasing victims of
accidents for the purpose of talking to the said
victims (or relatives) and offering his legal services
for the filing of a case against the person(s) who
caused the accident(s).
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Defenseless not in the position to defend
themselves due to poverty, weakness, ignorance
or other similar reasons.
Oppressed victims of acts of cruelty, unlawful
exaction, domination or excessive use of authority.
Rule on Advertisements
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Rule 2.04 A lawyer shall not charge rates lower than
those customarily or prescribed, unless circumstances
so warrant.
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CANON 6 These canons shall apply to lawyers in
government service in the discharge of their official
tasks.
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Should recommend the acquittal of the accused
whose conviction is on appeal, IF he finds no legal
basis to sustain the conviction.
Includes restriction is representing conflicting
interest (e.g. Accepting engagements vs. former
employer, PNB)
The OSG is not authorized to represent a public
official at any state of a criminal case.
Chapter II
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CANON 8 A lawyer shall conduct himself with
courtesy, fairness and candor towards his professional
colleagues, and shall avoid harassing tactics against
opposing counsel.
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estate or to the persons specified in the
agreement; or
2. b. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
3. c. Where a lawyer or law firm includes
non-lawyer employees in a retirement plan,
even if the plan is based in whole or in part
of a profit sharing arrangements.
Chapter III
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Rule 10.02 A lawyer shall not knowingly misquote or
misrepresent the contents of the paper, the language or
the argument of opposing counsel, or the text of a
decision of authority, or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been
approved.
Cases of falsehood:
1. stating in the Deed of Sale that property is free
from all liens and encumbrances when not so
2. encashing check payable to a deceased cousin by
signing the latters name on the check
3. falsifying a power of attorney and using it in
collecting the money due to the principal
4. alleging in one pleading that the clients were mere
lessees and in another pleading that the same
clients were owners
5. presenting falsified documents in court which he
knows to be false
6. filing false charges on groundless suits
7. using in pleadings the IBP number of another
lawyer
8. unsolicited appearances
9. use of fictitious residence certificate
10. misquotation/misrepresentation
11. citing a repealed or amended provision
12. asserting a fact not proved
13. verbatim reproductions down to the last word and
punctuation mark
14. slight typo mistake: not sufficient to place him in
contempt
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CANON 11 A lawyer shall observe and maintain the
respect due to the courts and to judicial officers and
should insist on similar conduct by
others.
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Must exert efforts that others (including clients,
witnesses) shall deal with the courts and judicial
officers with respect.
Obedience to court orders and processes.
Criticisms of courts must not spill the walls of
decency. There is a wide difference between fair
criticism and abuse and slander of courts and
judges. Intemperate and unfair criticism is a gross
violation of the duty to respect the courts. It
amounts to misconduct which subjects the lawyer
to disciplinary action.
A mere disclaimer of any intentional disrespect by
appellant is not a ground for exoneration. His
intent must be determined by a fair interpretation
of the languages employed by him. He cannot
escape responsibility by claiming that his words did
not mean what any reader must have understood
them to mean.
Lawyer can demand that the misbehavior of a
judge be put on record.
Lawyers must be courageous enough to expose
arbitrariness and injustice of courts and judges.
A lawyer may submit grievances against judges in
the Supreme Court, Ombudsman, or Congress (for
impeachment of SC judges only).
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Rule 12.02 A lawyer shall not file multiple actions
arising from the same cause.
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Rights and obligations of a witness a witness must
answer questions, although his answer may tend to
establish a claim against him. However, it is the right of a
witness:
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Rule 13.02 A lawyer shall not make public statements
in the media regarding a pending case tending to
arouse public opinion for or against a party.
Chapter IV
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Rule 14.03 A lawyer may refuse to accept
representation of a client if:
Duties to Client:
1. owe utmost learning and ability
2. maintain inviolate the confidence of the client
3. disclose all circumstances/interest regarding the
controversy
4. undivided loyalty
5. not reject cause of defenseless and oppressed
6. candor, fairness and loyalty
7. hold in trust money or property
8. respond with zeal to the cause of the client
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Rule 15.02 A lawyer shall be bound by the rule on
privilege communication in respect of matters disclosed
to him by a prospective client.
Exceptions:
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Rule 15.03 A lawyer shall not represent conflicting
interests except by written consent of all concerned
given after a full disclosure of the facts.
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Rule 15.07 A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.
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No fear of judicial disfavor or public popularity
should restrain him from full discharge of his duty.
It is the duty of the lawyer at the time of retainer
to disclose to the client all the circumstances of his
relations to the parties and any interest in, or
connection with, the controversy which might
influence the client in the selection of counsel.
The lawyer owes loyalty to his client even after the
relation of attorney and client has terminated. It is
not good practice to permit him afterwards to
defend in another case other persons against his
former client under the pretext that the case is
distinct from and independent of the former case.
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If a lawyer errs like any other human being, he is
not answerable for every error or mistake, and will
be protected as long as he acts honestly and in
good faith to the best of his skill and knowledge.
Lawyer is not an insurer of the result in a case
where he is engaged in the counsel.
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lawyer shall not volunteer the information about
the clients commission of fraud to anyone
counter to duty to maintain clients confidence and
secrets.
Attorneys Fees
1. Ordinary attorneys fee -the reasonable
compensation paid to a lawyer by his client for the
legal services he has rendered to the latter. The
basis for this compensation is the fact of his
employment by and his agreement with the client.
2. Extraordinary attorneys fee an indemnity for
damages ordered by the court to be paid by the
losing party in litigation. The basis for this is any of
the cases provided for by law where such award
can be made, such as those authorized in Article
2208 of the Civil Code, and is payable NOT to the
lawyer but to the client, unless they have agreed
that the award shall pertain to the lawyer as
additional compensation or as part thereof.
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Quantum Meruit it means as much as he
deserves, and is used as the basis for determining
the lawyers professional fees in the absence of a
contract, but recoverable by him from his client.
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When counsel cannot recover full amount despite
written contract for attorneys fees:
1. When he withdraws before the case is finished
2. justified dismissal of attorney (payment:
in quantum meruit only)
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to be held inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the
client.
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The same penalty shall be imposed upon an attorney at law
or solicitor who, having undertaken the defense of a client,
or having received confidential information from said
client in a case, shall undertake the defense of the opposing
party in the same case, without the consent of his first
client (Rule 209, RPC)
Exceptions:
1. announcements of intention of a client to commit
a crime
2. client jumped bail and lawyer knows his
whereabouts; or client is living somewhere under
an assumed name
3. communication involves the commission of future
fraud or crime but crimes/frauds already
committed falls within the privilege.
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Rule 21.07 A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest.
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for the relation does not terminate formally until
there is a withdrawal of record. Counsel has no
right to presume that the court would grand his
withdrawal and therefore must still appear on the
date of hearing.
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