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CHAPTER IV: The Lawyer and the Client Immoral or Deceitful Conduct
Canon 14: Duty to Render Legal Service to the It involves moral turpitude (AGPALO, Ethics, supra
Needy at 72).
Canon 15: Duty of Candor, Fairness, and Loyalty to
the Client
Note: Gross immorality and not mere immorality is Acts which do not Constitute Gross Immorality:
sanctioned (FUNA, Legal and Judicial Ethics, 2009, 1. Stealing a kiss from a client
p.21) [hereinafter FUNA, Ethics]. (Advincula v. Macabata, A.C. No. 7204, March 7,
2007);
Examples of Grossly Immoral Act: 2. Live-in relationship involving two unmarried
1. Abandonment of family and cohabiting with persons;
another woman (Narag v. Narag, A.C. No. 3405, 3. Mere intimacy between a man and woman, both
June 29, 1998); of whom possess no impediment to marry,
2. A lawyer who had carnal knowledge with a voluntarily carried on and devoid of any deceit on
woman through a promise of marriage which he the part of respondent, is neither so corrupt nor
did not fulfill (Quingwa v. Puno, A.C.No. 389, so unprincipled as to warrant the imposition of
February 28, 1967); disciplinary sanction against him, even if as a
3. Seduction of a woman who is the niece of a result of such relationship a child was born out of
married woman with whom the respondent lawyer wedlock (Arciga v. Maniwang, A.C. No. 1608,
had adulterous relations (Royong v. Oblena, A.C. August 14, 1981); and
No. 376, April 30, 1963); 4. Failure to pay a loan;
4. Lawyer arranging the marriage of his son to a General Rule: A lawyer may not be disciplined
woman with whom the lawyer had illicit relations. for failure to pay a loan. The proper remedy is the
After the marriage of the woman to the filing of an action for collection of a sum of money
respondents son, he continued his adulterous in regular courts (Toledo v. Abalos, A.C. No.
relations with her (Mortel v. Aspiras, G.R. No. L- 5141, September 29, 1999).
9152, December 28, 1956); Exception: Deliberate failure to pay just debts
5. Lawyer inveigling a woman into believing that and the issuance of worthless checks (Lao v.
they had been married civilly to satisfy his carnal Medel, A.C. No. 5916, July 1, 2003).
desires (Cabrera v. Agustin, G.R. No. L-225,
September 30, 1959);
The following mandates the parties to consider the Rule 2.02 - In such cases, even if the lawyer does
possibility of amicable settlement: not accept a case, he shall not refuse to render
1. Rules of Court, Rule 18 on Pre-trial, Sec. 2; legal advice to the person concerned if only to
2. The Local Government Code (Barangay the extent necessary to safeguard the latter's
Conciliation Proceedings); and rights.
3. Judicial Dispute Resolution.
This is the only exception to the general rule that
CANON 2: A LAWYER SHALL MAKE HIS LEGAL consultation creates a lawyer-client relationship.
SERVICES AVAILABLE IN AN EFFICIENT AND Even if no lawyer-client relationship is created, as
CONVENIENT MANNER COMPATIBLE WITH THE when the lawyer categorically refuses to accept a
case, a lawyer is still bound to give legal advice to
the defenseless and the oppressed in protection of Reason: To avoid any demeaning and degrading
the latters right (FUNA, Ethics, supra at 51). competition
If only to the extent necessary to safeguard the Exceptions: Valid justifications such as when the
latters rights client is a relative or a brother lawyer or is too poor
This means advising a person on what preliminary that it would be inhumane to charge him even the
steps to take until he has secured the services of customary rates of attorneys fees (PINEDA, Legal,
counsel. HOWEVER, he shall refrain from giving supra at 83).
such preliminary advice if there is conflict of interest
between him and a prospective client or between a Note: What the rule prohibits is competition in the
present client and a prospective one. Extending matter of charging professional fees for the purpose
such legal advice will create and establish an of attracting clients in favor of the lawyer who offers
attorney-client relationship between them and may lower rates. The rule does not prohibit a lawyer from
violate the rule prohibiting a lawyer from charging a reduced fee or none at all to an indigent
representing conflicting interest (AGPALO, Ethics, (Comments of the IBP Committee).
supra at 78-79).
Some IBP Chapters in the country have approved
Rule 2.03 A lawyer shall not do or permit to be Schedules of Attorneys Fees providing specific
done any act designed primarily to solicit legal guidelines in the fixing of attorneys fees for legal
business. services, including but not limited to consultation,
documentation, notarization, pleading, research, trial
The rule prohibits professional touting. work, appearance fees, acceptance fees, retainers
and similar others. Other Chapters, while they do not
The following are the reasons why the rules prohibit have such Schedules, have followed and are still
solicitation: following a long standing local custom or tradition on
1. The profession is primarily for public service; the amounts of attorneys fees for their legal
2. Commercializes the profession; services (PINEDA, Legal, supra at 83).
3. Involves self-praise and puffing;
4. Damages public confidence; and CANON 3: A LAWYER IN MAKING KNOWN HIS
5. May increase lawsuits and result in needless LEGAL SERVICES SHALL USE ONLY TRUE,
litigation. HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Practice of Law v. Business
1. A duty of public service, of which the emolument Reason: Legal services, unlike other personal
is a by-product, and which one my attain the services rendered by other professionals or skilled
highest eminence without making much money; workers require a certain degree of dignity to be
2. A relation as an officer of the court to the maintained (FUNA, Ethics, supra at 62).
administration of justice involving thorough
sincerity, integrity and reliability; Advertising and Solicitation
3. A relation to the clients in the highest degree of
fiduciary; Rule 3.01 - A lawyer shall not use or permit the
4. A relation to colleagues characterized by candor, use of any false, fraudulent, misleading,
fairness and unwillingness to resort to current deceptive, undignified, self-laudatory or unfair
business methods of advertising and statement or claim regarding his qualifications
encroachment on their practice or dealing directly or legal services.
with their clients (In re Sycip, 92 SCRA 1, July
30, 1979). General Rule: A lawyer cannot advertise his talent
as a shopkeeper advertises his wares as he is a
The best advertisement for a lawyer is a well- member of an honorable profession whose primary
deserved reputation for competence, honesty and purpose is to render public service and help secure
fidelity to private trust and public duty. justice and in which the remuneration is a mere
incident (AGPALO, Ethics, supra at 118).
Rule 2.04 - A lawyer shall not charge rates lower
than those customarily prescribed unless the Exceptions:
circumstances so warrant. 1. Writing legal articles;
2. Engaging in business or other occupations
except when such could be deemed improper, be
Solicitation of cases constitutes malpractice. The law Use of a Deceased Partners Name
prohibits lawyers from soliciting cases for the The reason for allowing the continued use of the
purpose of gain, either personally or through paid name of a deceased partner is that all of the
agents or brokers (RULES OF COURT, Rule 138, partners, by their joint efforts, contributed to the
Sec. 27). goodwill attached to the firm name. This goodwill is
disturbed by a change in the firm name every time a
partner dies (AGPALO, Ethics, supra at 129).
The use of a cross after the name of the deceased While the lawyers task in contributing to the
partner is sufficient indication. It is advisable that the improvement of the legal system is not a matter of
year of death be also indicated (PINEDA, Legal, strict duty, it is a duty nonetheless which flows from
supra at 87). the lawyers sense of public responsibility (PINEDA,
No name not belonging to any of the partners or Legal, supra at 94).
associates may be used in the firm name for any
purpose. CANON 5: A LAWYER SHALL KEEP ABREAST
OF LEGAL DEVELOPMENTS, PARTICIPATE IN
The name of a law firm may not necessarily identify CONTINUING LEGAL EDUCATION PROGRAMS,
the individual members of the firm and consequently, SUPPORT EFFORTS TO ACHIEVE HIGH
use of the firm name after the death of one or more STANDARDS IN LAW SCHOOLS AS WELL AS IN
of the partners is not deception. (Comments of IBP THE PRACTICAL TRAINING OF LAW STUDENTS
Committee) AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
Use of a Foreign Law Firm Name
Filipino lawyers cannot practice law under the name This duty carries with it the obligation to be well
of a foreign law firm, as the latter cannot practice law informed of the existing laws and to keep abreast
in the Philippines and the use of the foreign law firm with legal developments, recent enactment and
in the country is unethical (Dacanay v. Baker & jurisprudence. Unless they faithfully comply with
McKenzie, A.C. No. 2131, May 10, 1985). such duty they may not be able to discharge
competently and diligently their obligations as
Rule 3.03 - Where a partner accepts public office, members of the Bar. Worse, they may become
he shall withdraw from the firm and his name susceptible to committing mistakes (Dulalai Jr. v.
shall be dropped from the firm name unless the Cruz, A.C. No. 6854, April 27, 2007, citing Santiago
law allows him to practice law concurrently. v. Rafanan).
Reason: To prevent the law firm or partners from Three-Fold Obligation of a Lawyer Concerning
making use of the name of the public official to the Requirement of Continuing Legal Education:
attract business and to avoid suspicion of undue 1. He owes it to himself to continue improving
influence (Report of the IBP Committee, p. 16). his knowledge of the law;
2. He owes it to his profession to take an
(See discussion on Practice of Law by Public active interest in the maintenance of high
Officials, infra.) standards of legal education; and
3. He owes it to the lay public to make the law
Rule 3.04 A lawyer shall not pay or give a part of their social consciousness (AGPALO,
anything of value to representatives of the mass Ethics, supra at 80).
media in anticipation of, or in return for, publicity
to attract legal business. Rules on Mandatory Continuing Legal Education
(MCLE) for Members of the IBP (Bar Matter no.
Reason: To prevent some lawyers from gaining an 850)
unfair advantage over others thru the use of
gimmickry, press agentry, or other artificial means Purpose: To ensure that throughout their career,
(AGPALO, Ethics, supra at 131). they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance
Note: The lawyer is not required to decline genuine the standards of the practice of law (Rules on
media attention to advocacies which have generated MCLE, Rule 1, Sec. 1).
public interest. In some instances, his advocacy
needs the indispensable participation of media, such Requirements of Completion of MCLE
as the advocacy to expose government corruption Members of the IBP, unless exempted under Rule 7,
(FUNA, Ethics, supra at 75). shall complete every three (3) years at least 36
hours of continuing legal education activities.
CANON 4: A LAWYER SHALL PARTICIPATE IN
THE DEVELOPMENT OF THE LEGAL SYSTEM Parties Exempted from the MCLE:
BY INITIATING OR SUPPORTING EFFORTS IN 1. The President, Vice-President, and the
LAW REFORM AND IN THE IMPROVEMENT OF Secretaries and Undersecretaries of executive
THE ADMINISTRATION OF JUSTICE. departments;
Rule 6.01 - The primary duty of a lawyer engaged If the case is dismissed, the private prosecutor may
in public prosecution is not to convict but to see NOT file a motion for reconsideration for such duty
that justice is done. The suppression of facts or belongs solely to the public prosecutor.
the concealment of witnesses capable of
establishing the innocence of the accused is Restrictions against Using Public Office to
highly reprehensible and is cause for Promote Private Interest
disciplinary action
Rule 6.02 - A lawyer in the government service
Public Prosecutor shall not use his public position to promote or
He is a quasi-judicial officer and as such, he should advance his private interests, nor allow the latter
seek equal and impartial justice. He should be to interfere with his public duties.
concerned with seeing that no innocent man suffers
as in seeing that no guilty man escapes (State v. Applicability of the Rule:
Platon, 40 O.G., 6th Supp. 235). 1. Lawyers in government service allowed by law to
engage in private practice concurrently; and
Note: The interest of a prosecutor in a criminal 2. Those who, though prohibited from engaging in
prosecution is not to win a case but to see that the practice of law, have friends, former
justice is done (PINEDA, Legal, supra at 105). associates and relatives who are in the active
practice of law (AGPALO, Ethics, supra at 89).
He should see to it that the accused is given fair and
partial trial and not deprived of any of his statutory or Public officials and employees during their
constitutional rights. He should recommend the incumbency SHALL NOT:
acquittal of the accused whose conviction is on 1. Own, control, manage or accept employment as
appeal, if he finds no legal basis to sustain the officer, employee, consultant, counsel, broker,
conviction (Trieste v. Sandiganbayan, G.R. No. agent, trustee or nominee in any private
70332-43, November 13, 1986). enterprise regulated, supervised or licensed by
their office UNLESS expressly allowed by law;
lawyer shall be answerable for knowingly making a COLLEAGUES, AND SHALL AVOID HARASSING
false statement or suppression of a material fact in TACTICS AGAINST OPPOSING COUNSEL.
connection with his application for admission to the
bar. A lawyers declaration in his application for Rule 8.01 - A lawyer shall not, in his professional
Admission to the 1981 Bar Examinations that he dealings, use language which is abusive,
was "single" was a gross misrepresentation of a offensive or otherwise improper.
material fact made in utter bad faith, for which he
should be made answerable (Leda v. Tabang, A.C. Any kind of language which attacks without
No. 2505, February 21, 1992). foundation the integrity of the opposing counsel or
the dignity of the court may be stricken off the
Rule 7.02 - A lawyer shall not support the records or may subject a lawyer to disciplinary
application for admission to the bar of any action (Report of IBP Committee, p. 41).
person known by him to be unqualified in
respect to character, education, or other relevant Language to be Used:
attribute. A lawyers language should be forceful but dignified,
emphatic but respectful as befitting an advocate and
Public policy requires that the practice of law be in keeping with the dignity of the Legal Profession
limited to those individuals found duly qualified in (Surigao Mineral Reservation Board v. Cloribel, G.R.
education and character. The permissive right No. L-27072, January 9, 1970).
conferred on the lawyer is an individual and limited
privilege, subject to withdrawal if he fails to maintain Instances of Disrespectful Language
proper standards of moral and professional conduct 1. Categorizes the SC decision as false erroneous
(AGPALO, Ethics, supra at 113). and illegal (Surigao Mineral Reservation Board v.
Cloribel, G.R. No. L-27072 January 9, 1970);
Rule 7.03 - A lawyer shall not engage in conduct 2. Description of judges attitude as unjust, hostile,
that adversely reflects on his fitness to practice vindictive and dangerous (Cornejo v. Judge Tan,
law, nor shall he, whether in public or private life, G.R. No. L-2217, March 23, 1950);
behave in a scandalous manner to the discredit 3. Calling an adverse counsel as bobo or using the
of the legal profession. word ay que bobo in reference to the manner of
offering evidence (Castillo v. Padilla Jr., A.C. No.
This conduct of nobility and uprightness should stay 2339, February 24, 1984);
with him whether in his public or private life. A lawyer 4. Summoning another lawyer in a shouting match,
who commits an unlawful act though not related to hurling invectives and attempting to throw a
the discharge of his professional duties as a punch (Alcantara v. Pefianco, A.C. No. 5298,
member of the Bar, which puts his moral character in December 3, 2002);
serious doubt, renders him unfit to continue in the 5. Stating that justice is blind and also deaf and
practice of law (Melendrez v. Decena, A. M. No. dumb (In re: Almacen, G.R.No.27654, February
2104, August 24, 1989). 18, 1970); and
6. Attributing to the SC acts of dismissing judges
without rhyme and reason and disbarring
The grounds for disciplinary actions enumerated
lawyers without due process (Zaldivar v.
under the Rules of Court are not exclusive and are
Gonzalez, G.R. 79690-707, February 1, 1989).
so broad as to cover practically any misconduct of a
lawyer in his professional and private capacity (In re:
Any undue ill-feeling between clients should not
Pelaez, 44 Phil. 567, March 3, 1923).
influence counsels in their conduct and demeanor
toward each other. While lawyers owe entire
There is no distinction as to whether the
devotion to the interests of their clients, their office
transgression is committed in the lawyers
does not permit violation of the laws or any manner
professional capacity or in his private life or in his
of fraud or chicanery (Reyes v. Chiong, Jr., A.C. No.
private transaction because a lawyer may not divide
5148, July 1, 2003).
his personality so as to be an attorney at one time
and a mere citizen at another (FUNA, Ethics, supra
A lawyer who uses intemperate, abusive, abrasive or
at 29).
threatening language portrays disrespect to the
court, disgraces the Bar and invites the exercise by
CANON 8: A LAWYER SHALL CONDUCT
the court of its disciplinary power (In re: Gomez, 43
HIMSELF WITH COURTESY, FAIRNESS AND
Phil. 376, May 16, 1922).
CANDOR TOWARDS HIS PROFESSIONAL
practice of law (Aguirre v. Rana, B.M. No. accordance with the ethical standards of the legal
1036, June 10, 2003). profession (In Re: Petition to Sign in the Roll of
Intervention of Intermediary Attorneys Michael A. Medado, B.M. No. 2540,
A lawyer is PROHIBITED from allowing an September 24, 2013).
intermediary to intervene in the performance of his
professional obligation. The lawyers relation to the Rule 9.01- A lawyer shall not delegate to any
client is PERSONAL and his responsibility is unqualified person the performance of any task
DIRECT to the client (AGPALO, Ethics, supra at which by law may only be performed by a
114). member of the bar in good standing.
Examples of Violations of this Canon: Lawyers can engage the services of secretaries,
1. Respondent admitted that the letterhead of the investigators, detectives, researchers, as long as
law office listed two persons as senior partners they are not involved in the practice of law.
but who are in fact paralegals and not lawyers.
They are listed in the letterhead as senior The preparation and signing of a pleading constitute
partners because they have investments in her legal work involving the practice of law which is
law office. That is a blatant misrepresentation reserved exclusively for members of the legal
(Cambaliza v. Atty. Cristal-Tenorio, A.C. No. profession (Tapay v. Bancolo, A.C. No. 9604, March
6290, July 14, 2004); 20, 2013).
2. Respondent, who held himself out as a partner of
a law firm, was rendering legal services together Rule 9.02 - A lawyer shall not divide or stipulate
with persons not licensed to practice law. The to divide a fee for legal services with persons
firm was actually a cooperative composed of non- not licensed to practice law, except:
lawyers (Plus Builders, Inc. et. al. v. Revilla, A.C. 1.Where there is a pre-existing agreement with a
No. 7056, September 13, 2006); and partner or associate that, upon the latter's
3. When a lawyer may have at first operated under death, money shall be paid over a reasonable
an honest mistake of fact wherein he thought that period of time to his estate or to persons
what he had signed at the PICC entrance before specified in the agreement; or
the oath-taking was already the Roll of Attorneys. 2.Where a lawyer undertakes to complete
However, the moment he realized that what he unfinished legal business of a deceased
had signed was merely an attendance record, he lawyer; or
could no longer claim honest mistake of fact as a 3.Where a lawyer or law firm includes non-
valid justification. He should have known that he lawyer employees in a retirement plan, even if
was not a full-fledged member of the Philippine the plan is based in whole or in part, on a
Bar because of his failure to sign the Roll of profit-sharing agreement.
Attorneys, as it was the act of signing therein that
would have made him so (In Re: Petition to Sign General Rule: Non-lawyers are not entitled to
in the Roll of Attorneys Michael A. Medado, B.M. attorneys fees.
No. 2540, September 24, 2013).
Reason: Not to leave the public in hopeless
Note: This duty likewise applies to law students and confusion as to whom to consult in case of necessity
Bar candidates. As aspiring members of the Bar, and also to leave the bar in a chaotic condition,
they are bound to comport themselves in
Rule 11.01 - A lawyer shall appear in court Rule 11.05 - A lawyer shall submit grievances
properly attired. against a Judge to the proper authorities only.
Reason: To maintain the dignity and responsibility Proper Authority: The Supreme Court shall have
of the legal profession administrative supervision over all courts and
personnel thereof (CONST. Art. VIII, Sec. 5[5]).
Generally: Contemporary business suit (FUNA,
Ethics, supra at 170). Right and Duty of a Lawyer to Criticize Courts
1. The fact that a person is a lawyer does not
Male: Either Barong Tagalog or suit with tie deprive him of the right, enjoyed by every citizen,
Female: Appropriate business attire to comment on and criticize the actuations of a
judge;
In addition to the clothes, the lawyer must be clean, 2. The court, in a pending litigation, must be
neat and well-groomed (Id.) shielded from embarrassment or influence in its
Rule 11.02 - A lawyer shall punctually appear at all-important duty of deciding the case. Once
court hearings. litigation is concluded, the judge who decided it is
subject to the same criticism as any other public
official because his ruling becomes public students and how they will teach. But it must be
property and is thrown open to public pointed out that there is nothing in the Show Cause
consumption; Resolution that dictates upon respondents the
3. It is the cardinal condition of all such criticism that subject matter they can teach and the manner of
it shall be bona fide, and shall not spill over the their instruction. Moreover, it is not inconsistent
walls of decency and propriety (Zaldivar v. with the principle of academic freedom for the Court
Gonzales, G.R. Nos. L-79690-707, October 7, to subject lawyers who teach law to disciplinary
1988); and action for contumacious conduct and speech,
4. The duty of the bar to support the judge against coupled with undue intervention in favor of a party
unjust criticism and clamor does not, however, in a pending case, without observing proper
preclude a lawyer from filing administrative procedure, even if purportedly done in their capacity
complaints against erring judges or from acting as teachers (Re: Letter of the UP Law Faculty
as counsel for clients who have legitimate entitled Restoring Integrity: A statement by the
grievances against them. But the lawyer should Faculty of the University of the Philippines College
file charges against the judge before the proper of Law on the allegations of plagiarism and
authorities only and only after proper misrepresentation in the Supreme Court, A.M. No.
circumspection and without the use of 10-10-4-SC, March 8, 2011).
disrespectful language and offensive
personalities so as not to unduly burden the court CANON 12: A LAWYER SHALL EXERT EVERY
in the discharge of its functions (Urbina v. EFFORT AND CONSIDER IT HIS DUTY TO
Maceren, A.C. No. 288-J, June 19, 1974). ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
A lawyer may not file an administrative complaint
against a judge, which arises from his judicial acts, Constitutional Basis: All persons shall have the
until the lawyer shall have exhausted judicial right to a speedy disposition of their cases before all
remedies which result in a finding that the judge has judicial, quasi-judicial, or administrative bodies
gravely erred. If the lawyer does so without (CONST., Art. III, Sec. 16).
exhausting such judicial remedies or awaiting the
result thereof, he may be administratively held to The filing of another action concerning the same
account therefore (Flores v. Abesamis, A.M. No. SC- subject matter, in violation of the doctrine of res
96-1, July 10, 1997). judicata, runs contrary to this Canon (Lim v.
Montano, A.C. No. 5653, February 27, 2006).
Lawyers Freedom of Expression
As to the question on whether lawyers who are also The speedy and efficient administration of justice is
law professors can invoke academic freedom as a however, the duty not only of the lawyer but also the
defense in an administrative proceeding for judge as well (FUNA, supra at 182.)
intemperate statements tending to pressure the
Court or influence the outcome of a case or Rule 12.01 - A lawyer shall not appear for trial
degrade the courts. unless he has adequately prepared himself on
the law and the facts of his case, the evidence he
The same is answered through the application by will adduce and the order of its preference. He
analogy of the Courts past treatment of the free should also be ready with the original
speech defense in other bar discipline cases. documents for comparison with the copies.
Academic freedom cannot be successfully invoked
by respondents. The implicit ruling in jurisprudence A lawyer is not adequately prepared unless he has a
is that the constitutional right to freedom of mastery of the facts of his case, the law and
expression of members of the Bar may be jurisprudence applicable thereto and upon which he
circumscribed by their ethical duties as lawyers to can appropriately anchor his theory or stance
give due respect to the courts and to uphold the (PINEDA, Legal, supra at 185).
publics faith in the legal profession and the justice
system. The reason that freedom of expression A newly hired counsel who appears in a case in the
may be so delimited in the case of lawyers applies midstream is presumed and obliged to acquaint
with greater force to the academic freedom of law himself with all the antecedent processes and
professors. It is not contested that respondent proceedings that have transpired in the record prior
professors are, by law and jurisprudence, to his takeover (Villasis v. CA, G.R. No. L-34369.
guaranteed academic freedom and indisputably, September 30, 1974).
they are free to determine what they will teach their
Once a judgment becomes final and executory, the The lawyer who is guilty of the above is both
prevailing party should not be denied the fruits of his criminally and administratively liable.
victory by some subterfuge devised of the losing
party. Unjustified delay in the enforcement of a Subornation of Perjury
judgment sets at naught the role of courts in It is committed by a person who knowingly and
disposing justiciable controversies with finality willfully procures another to swear falsely and the
(Aguilar v. Manila Banking Corporation, G.R. No. witness suborned does testify under circumstances
157911, September 19, 2006). rendering him guilty of perjury (U.S. v. Ballena, G.R.
No. L-6294, February 10, 1911).
Lawyers should not resort to nor abet the resort of
their clients, to a series of actions and petitions for Rule 12.07 - A lawyer shall not abuse, browbeat
the purpose of thwarting the execution of a judgment or harass a witness nor needlessly
that has long become final and executory (Perez v. inconvenience him.
Lantin, G.R. No. L-22320, July 29, 1968).
It was highly inconsiderate for the prosecutor and
If a lawyer is honestly convinced of the futility of an the defense counsel to trade quips at the precise
appeal in a civil suit he should not hesitate to inform time victim was reliving her harrowing experience.
his disappointed client that most likely the verdict Courts are looked up to by the people with high
would not be altered (AGPALO, Ethics, supra at respect and are regarded as places where litigants
172). are heard, rights and conflicts are settled and justice
solemnly dispensed. Levity has no place in the
As part of the lawyers duty to assist in the early courtroom during the examination of the victim of
termination of the case, he should inform the court: rape, and particularly at her expense (People v.
1. Within thirty days, of the death of his client in a Nuguid, G.R. No. 148991, January 21, 2004).
pending case (Heirs of Elias Lorilla v. CA, G.R.
No. 118655, April 12, 2000); and Rights and Obligations of a Witness under the
2. Of any change of his address (City Sheriff Iligan Rules of Court
City v. Fortunato, G.R. No. 80390, March 27, A witness must answer questions, although his
1998). answer may tend to establish a claim against him.
However, it is the right of a witness:
Rule 12.05 - A lawyer shall refrain from talking to 1. To be protected from irrelevant,
his witness during a break or recess in the trial, improper, or insulting questions, and from harsh
while the witness is still under examination. or insulting demeanor;
2. Not to be detained longer than the
Purpose: To prevent the suspicion that he is interests of justice require;
coaching the witness on what to say during the 3. Not to be examined except only as
resumption of the examination. Moreover, this rule is to matters pertinent to the issue;
also designed to uphold and maintain fair play with 4. Not to give an answer which will
the other party and to prevent the examining lawyer tend to subject him to a penalty for an offense
from being tempted to coach his own witness to suit unless otherwise provided by law; or
his purpose. 5. Not to give an answer which will
tend to degrade his reputation, unless it to be the
Rule 12.06 - A lawyer shall not knowingly assist very fact at issue or to a fact from which the fact
a witness to misrepresent himself or to in issue would be presumed. But a witness must
impersonate another. answer to the fact of his previous final conviction
for an offense (RULES OF COURT, Rule 132,
The witness who commits misrepresentation is Sec. 3).
criminally liable for False Testimony either under Art.
181, 182 or 183 of the Revised Penal Code, as the Rule 12.08 - A lawyer shall avoid testifying in
case may be. The lawyer who induces a witness to behalf of his client, except:
commit false testimony is equally guilty as the 1.On formal matters, such as the mailing,
witness. authentication or custody of an instrument,
and the like; or
The lawyer who presented a witness knowing him to 2.On substantial matters, in cases where his
be a false witness is criminally liable for Offering testimony is essential to the ends of justice, in
False Testimony in Evidence under Art. 184. which event he must, during his testimony,
entrust the trial of the case to another counsel.
Rule 13.02 - A lawyer shall not make public Rule 13.03 - A lawyer shall not brook or invite
statements in the media regarding a pending interference by another branch or agency of the
case tending to arouse public opinion for or government in the normal course of judicial
against a party. proceedings.
The subjudice rule governs what public Reason: To preserve the independence of the
statements, whether orally or in published writings, judges in the performance of their duties
can be made about matters pending in legal
proceedings before the courts. The Supreme Court accordingly administered a
reprimand to respondent for gross ignorance of law
The rule applies where court proceedings are and of the Constitution in having asked the
ongoing, and through all stages of appeal until the President to set aside by decree the Courts decision
matter is completed. It is not limited to parties in a which suspended him for two years from the practice
case or their lawyers. It applies as well to the public of law (De Bumanlag v. Bumanlag, A.M. No. 188,
and public officials including legislators (FUNA, November 29, 1976).
Ethics, supra at 213).
Note: The rule should be distinguished from Rule
Making public statements in the media regarding a 11.05 which reads: A lawyer shall submit
pending case which tends to arouse public opinion grievances against a Judge to the proper authorities
for or against a party may also constitute indirect only. The latter rule refers to complaints against
contempt under Section 3 of Rule 71 of the Rules of judges themselves which must be coursed to the
Court (Id.). proper authorities only (PINEDA, Legal, supra at
214).
Newspaper publications by a lawyer as to pending
or anticipated litigation may interfere with a fair trial
in the courts and otherwise prejudice, the due C HAPTER IV: T HE L AWYER
administration of justice. However, if the extreme of AND T HE C LIENT
a particular case justify a statement to the public, it
is unprofessional to make it anonymously (PINEDA,
Legal, supra at 210). Nature of Attorney-Client relationship
1. Strictly personal;
Test When Public Statements are Contemptuous 2. Highly confidential; and
The character of the act done and its direct tendency 3. Fiduciary
to prevent and obstruct the discharge of official duty
is the test to determine whether a newspaper The preservation and protection of the relation will
publication concerning a pending case is encourage a client to entrust his legal problems to
contemptuous (Toledo, Newspaper Co. v. US, 407 an attorney, which is of paramount importance to the
US 1186). administration of justice (Hilado v. David, G.R. No.
L-961, September 21, 1949).
In a concluded litigation, a lawyer enjoys a wider
latitude to comment on or criticize the decision of a General Rules Protecting Attorney-Client
judge or his actuation. Thus, a newspaper Relationships
publication tending to impede, obstruct, embarrass 1. The attorney must exert his best efforts to protect
or influence the courts in administering justice in a the interest of his client;
pending case constitutes criminal contempt, but the 2. He must promptly account for any fund or
rule is otherwise after the litigation is ended (In re: property entrusted by or received for, his client;
Lozano and Quevedo, 54 Phil. 801, July 24, 1930).
3. He cannot purchase his clients property or
interest in litigation;
The restriction does NOT prohibit issuance of
statements by public officials charged with the duty 4. The privacy of communications shall at all times
of prosecuting or defending actions in court. be upheld; and
However, such statements should avoid any 5. An attorney cannot represent a party whose
statement of fact likely to create an adverse attitude interest is adverse to that of his client even after
in the public mind respecting the alleged actions of the termination of the relation.
the defendants to the pending proceedings (A.B.A
Op. 199, January 26, 1940).
3. A lawyer is not to encourage either the b.He labors under a conflict of interest between
commencement or the continuance of an action him and the prospective client or between a
or proceeding, or delay any mans cause, for any present client and the prospective client.
corrupt motive or interest.
4. A lawyer must decline to conduct a civil cause or Any of the following may constitute a sufficient
to make a defense when convinced that it is cause under Rule 14.03:
intended merely to harass or injure the opposite 1. It is believed that it is a sufficient cause where
party or to work oppression or wrong. the lawyer cannot handle the matter competently;
or
Exception BUT With Limitation: A lawyer may 2. In case of conflict of interest (FUNA, Ethics,
accept a losing civil case provided that, in so doing, supra at 226); or
he must not engage in dilatory tactics and must 3. Where the lawyer is to incur out-of-pocket
advise his client about the prospects and expenses for investigation costs, fees for
advantages of settling the case through a witnesses, unable to continue his private practice
compromise. (Brown v. Board of County Commissioners, 451
P.2d 708 Nev., 1969).
If he were to take a bad civil case for the plaintiff, it
will only be to advise him not to file the action or to Rule 14.04 - A lawyer who accepts the cause of a
settle it with the client. person unable to pay his professional fees shall
observe the same standard of conduct
If he were to accept the defense of a bad civil case governing his relations with paying clients.
for the defendant, it will either be to exert his best
effort toward a compromise or to tell his client to Rule on Mandatory Legal Aid Service (B.M. No.
confess judgment. 2012)
Pursuant to an en banc Resolution of the Supreme
Rule 14.02 - A lawyer shall not decline, except for Court, this Rule took effect on January 1, 2010,
serious and sufficient cause, an appointment as provided its implementing regulations have been
counsel de oficio or as amicus curiae, or a published prior to the said date.
request from the Integrated Bar of the
Philippines or any of its chapters for rendition of Purpose
free legal aid. To enhance the duty of lawyers to society as agents
of social change and to the courts as officers thereof
Appointment of Counsel de Oficio by helping improve access to justice by the less
The appointment rests upon the presiding judge. privileged members of society and expedite the
However, as such right may be waived, if accused resolution of cases involving them.
wants to defend himself without a counsel, the
Judge may allow him to go to trial without a counsel Definition of Terms
but he cannot later claim he was not accorded due 1. Practicing lawyers are members of the
process for lack of counsel (PINEDA, Legal, supra Philippine Bar who appear for and in behalf of
at 220). parties in courts of law and quasi-judicial
agencies. The term "practicing lawyers" shall
As counsel de oficio, the lawyer is duty bound to EXCLUDE:
exert his best effort and professional ability in behalf a. Government employees and incumbent
of the person assigned to his care. Corollary to this elective officials not allowed by law to practice;
duty, the presiding judge must give the counsel de b. Lawyers who by law are not allowed to appear
oficio ample opportunity to examine not only the in court;
records of the case but also to confer with the c. Supervising lawyers of students enrolled in
accused lengthily properly and intelligently and fully law student practice in duly accredited legal
represent and defend the interest of the accused clinics of law schools and lawyers of
(Id.). NGOs)and peoples organizations (POs) who
by the nature of their work already render free
Rule 14.03 - A lawyer may not refuse to accept legal aid to indigent and pauper litigants; and
representation of an indigent client if: d. Lawyers not covered under subparagraphs (i)
a.He is not in a position to carry out the work to (ii) including those who are employed in the
effectively or competently; private sector but do not appear for and in
advice and counsel, and the preparation of and absolute integrity in all his dealings and
instruments and contracts, including appearance transactions with his clients and an utter
before the administrative and quasi-judicial offices, renunciation of every personal advantage conflicting
bodies and tribunals handling cases in court, and in any way, directly or indirectly, with the interest of
other similar services as may be defined by the his client (Oparel, Sr. v. Abara, A.C. No. 959, July
Supreme Court. 30, 1971).
Requirements for Availment If they find that their clients cause is defenseless,
To avail of the benefits and services as envisioned in then it is their bounden duty to advise the latter to
this Act, the following requirements should be met: acquiesce and submit, rather than to traverse the
1. A lawyer or professional partnership shall secure incontrovertible (Rollon v. Naraval, A.C. No. 6424,
a certification from the Public Attorney's Office March 4, 2005).
(PAO), the Department of Justice (DOJ) or
accredited association of the Supreme Court Rule 15.01 - A lawyer, in conferring with a
indicating that the said legal services to be prospective client, shall ascertain as soon as
provided are within the services defined by the practicable whether the matter would involve a
Supreme Court, and that the agencies cannot conflict with another client or his own interest,
provide the legal services to be provided by the and if so, shall forthwith inform the prospective
private counsel. client.
2. To determine the number of hours actually
provided by the lawyer and/or professional firm in Kinds of Conflicts of Interests:
the provision of legal services, the association 1.Concurrent Representation- Generally occurs
and/or organization duly accredited by the when a lawyer represents clients whose objectives
Supreme Court shall issue the necessary are adverse to each other, no matter how slight or
certification that said legal services were actually remote such adverse interests maybe.
undertaken. 2.Client Sequential Representation- Generally
3. The certification issued by, among others, the occurs when a lawyer firm takes a present client
PAO, the DOJ and other accredited association who has an interest adverse to the interest of a
by the Supreme Court shall be submitted to the former client of the same law firm (PINEDA, Legal,
BIR for purposes of availing the tax deductions supra at 234).
and to the DOJ for purposes of monitoring.
A potential conflict of interest is a matter which could
Incentives to Lawyers be determined at the initial conferment with a
A lawyer or professional partnerships rendering prospective client. A lawyer can readily determine
actual free legal services, as defined by the this by considering the facts given to him and by
Supreme Court, shall be entitled to an allowable asking the necessary questions regarding the facts
deduction from the gross income, the amount that and the personalities involved in the case (Id.).
could have been collected for the actual free legal
services rendered or up to ten percent (10%) of the In case of conflict of interest of a lawyer and his
gross income derived from the actual performance client, the lawyer shall give preference to clients
of the legal profession, whichever is lower: Provided, interests (Id.).
That the actual free legal services herein
contemplated shall be exclusive of the minimum Rule 15.02 A lawyer shall be bound by the rule
sixty (60)-hour mandatory legal aid services on privileged communication in respect of
rendered to indigent litigants as required under the matters disclosed to him by a prospective client.
Rule on Mandatory Legal Aid Services for Practicing
Lawyers, under BAR Matter No. 2012, issued by the As a safeguard against the disclosure of the clients
Supreme Court. confidences and secrets, the Rules of Court
mandates that an attorney cannot, without the
CANON 15: A LAWYER SHALL OBSERVE consent of his client, be examined as to any
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS communication made by the client to him or advice
DEALINGS AND TRANSACTIONS WITH HIS given thereon in the course of professional
CLIENTS. employment (PINEDA, Legal, supra at 235).
Reason: To bar the dishonest practitioner from 1. As an employee of a corporation whose duty is to
fraudulent conduct and to prevent the honest attend to its legal affairs, he cannot join a labor
practitioner from putting himself in a position where union of employees in that corporation;
he may be required to choose between conflicting 2. As a lawyer who investigated an accident as
duties counsel for insurance, he cannot represent the
injured person;
Exceptions to the Rule Against Representation 3. As a receiver of a corporation, he cannot
of Conflicting Interests represent the creditor;
1. Where no conflict of interest exists; 4. As a representative of the obligor, he cannot
2. Where clients knowingly consent to the dual represent the obligee; and
representation; and 5. As a lawyer representing a party in a compromise
3. Where no true attorney-client relationship is agreement, he cannot, subsequently, be a lawyer
attendant. representing another client who seeks to nullify
the agreement.
Tests to Determine Conflicting Interests
1. Conflicting Duties: Whether or not the attorney Effects of Representing Adverse Interests
may be required to contest for that which his duty 1. Disqualification as counsel of new client on
to another client requires him to oppose. petition of former client;
2. Invitation of Suspicion: Whether or not the 2. When such is unknown to, and becomes
acceptance of a new relation invites suspicion prejudicial to the interests of the new client, a
and/or actually lead to unfaithfulness or double- judgment against such may, on that ground, be
dealing towards another client. set aside;
3. Use of prior knowledge obtained: Whether or 3. A lawyer can be held administratively liable
not the attorney may be called upon in his new through disciplinary action and may be held
relation to use against his first client any criminally liable for betrayal of trust; and
knowledge acquired in the previous employment? 4. The attorneys right to fees may be defeated if
Note: This pertains to those cases in which the found to be related to such conflict and such was
adverse party against whom the attorney appears objected to by the former client, or if there was a
is his former client in a matter which is related, concealment and prejudice by reason of the
directly or indirectly, to the present controversy. attorneys previous professional relationship with
the opposite party.
Note: This rule covers not only cases in which
confidential communications have been confided, Effect of Termination of Relation
but also those in which no confidence has been Termination of relation provides no justification for a
bestowed or will be used. lawyer to represent an interest adverse to or in
conflict with that of the former client (San Jose v.
A lawyers immutable duty to a former client does Cruz, 57 Phil. 79, February 1, 1933).
not cover transactions that occurred beyond the
lawyers employment with the client. The intent of Reason: The clients confidence once reposed
the law is to impose upon the lawyer the duty to cannot be divested by the expiration of the
protect the clients interests only on matters that he professional employment (Hilado v. David, G.R. No.
previously handled for the former client and not for L-961, September 21, 1949).
matters that arises after the lawyer-client
relationship has terminated (Lim-Santiago v. Note: A lawyer is forbidden from representing a
Sagucio, A.C. No. 6705, March 31, 2006). subsequent client against a former client only when
the subject matter of the present controversy is
It is inconsequential that petitioner never questioned related, directly or indirectly, to the subject matter of
the propriety of respondents continued the previous litigation in which he appeared to the
representation of defendant. The lack of opposition former client (Nombrado v. Hernandez, A.C. No.
does not mean tacit consent. As long as the lawyer 555, November 25, 1968).
represents inconsistent interests of two or more
opposing clients, he is guilty of violating his oath The rule on likewise applies to law firms. Where a
(San Jose Homeowners Association, Inc. v. lawyer is disqualified from appearing as counsel in a
Romanillos, A.C. No. 5580, June 15, 2005). case because of conflict of interests with the law firm
of which he is a member, as well as any member,
Instances When a Lawyer May Have a Conflict of associate or assistant therein is similarly disqualified
Interest
As officers of the court, counsels are under A lawyer is not barred from dealing with his client but
obligation to advise their clients against making the business transaction must be characterized with
untenable and inconsistent claims. Lawyers are not utmost honesty and good faith. Business
merely hired employees who must unquestionably transactions between an attorney and client are
do the bidding of the client, however unreasonable disfavored and discouraged by policy of law
this may be when tested by their own expert because by virtue of a lawyers office, he is in an
appreciation of the facts and applicable law and easy position to take advantage of the credulity and
jurisprudence. Counsel must counsel (Periquet v. ignorance of his client. Thus, there is no
NLRC, G.R. No. 91298, June 22, 1990). presumption of innocence or improbability of
wrongdoing in favor of lawyers (Nakpil v. Valdez,
Rule 15.06 A lawyer shall not state nor imply A.C. No. 2040, March 4, 1998).
that he is able to influence any public official,
tribunal or legislative body. A partys engagement of his counsel in another
capacity concurrent with the practice of law is not
This rule is known as influence-peddling. prohibited, so long as the roles being assumed by
such counsel is made clear to the client. The only
It is improper for a lawyer to show in any way that he reason for this clarification requirement is that
has connections and can influence any tribunal or certain ethical considerations operative in one
public official, judges, prosecutors, congressmen profession may not be so in the other (NSBCI v.
and others, specially so if the purpose is to enhance PNB, G.R. No. 148753, July 30, 2004).
his legal standing and to entrench the confidence of
the client that his case or cases are assured of CANON 16: A LAWYER SHALL HOLD IN TRUST
victory. ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.
Rule 15.07 A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness.
Rule 16.01 - A lawyer shall account for all money to satisfy his lawful fees and disbursements,
or property collected or received for or from the giving notice promptly thereafter to his client. He
client. shall also have a lien to the same extent on all
judgments and the execution he has secured for
The failure to return the money gives rise to the his client as provided for in the Rules of Court.
presumption that he misappropriated for his own use A lawyer is not entitled to unilaterally appropriate his
to the prejudice of, and in violation of the trust clients money for himself by the mere fact alone that
reposed in him by his client (AGPALO, Ethics, supra the client owes him attorneys fees (Rayos v.
at 253). Hernandez, G.R. No. 169079, February 12, 2007).
This duty of a lawyer is generally derived from the Rule 16.04 - A lawyer shall not borrow money
law on agency, which imposes the duties of from his client unless the client's interests are
separation, accounting, notification and delivery on fully protected by the nature of the case or by
all agents possessing the principals property independent advice. Neither shall a lawyer lend
(FUNA, Ethics, supra at 256). money to a client except, when in the interest of
justice, he has to advance necessary expenses
Obligations of a Lawyer Under Rule 16.01 (ARD) in a legal matter he is handling for the client.
1. When a lawyer collects or receives money from
his client for a particular purpose, he should Prohibitions Under Rule 16.04
promptly Account to the client how the money 1. Lawyer borrowing money from client
was spent. Reason: To prevent lawyer from taking
2. If he does not use the money for its intended advantage of his influence over the client
purpose, he must immediately Return it to the Exceptions: The lawyer is allowed to borrow
client. His failure either to render an accounting money from his client provided the interest of the
or to return the money, if the intended purpose of client is fully protected by the nature of the case
the money does not materialize, constitutes a or by independent advice.
blatant disregard of Rule 16.01 of the Code of 2. Lawyer lending money to client
Professional Responsibility. Reason: To assure the lawyers independent
professional judgment (Comments of the IBP
3. A lawyer has the duty to Deliver his clients funds Committee).
or properties as they fall due or upon demand. Exception: The lawyer may lend money to a
His failure to return the clients money upon client, when it is necessary in the interest of
demand gives rise to the presumption that he has justice to advance necessary expense in a legal
misappropriated it for his own use to the matter he is handling for the client.
prejudice of and in violation of the trust reposed
in him by the client (Trenas v. People, G.R. No. A lawyer who takes advantage of his clients
195002, January 25, 2012). financial plight to acquire the latters properties
for his own benefit is destructive of the
Note: When an attorney unjustly retains in his hands confidence of the public in the fidelity, honesty
money of his client after it has been demanded, he and integrity of the legal profession (Hernandez,
may be punished for contempt as an officer of the Jr. v. Go, A.C.No. 1526, January 31, 2005).
court who has misbehaved in his official transaction;
but proceedings under this section shall not be a bar Prohibition against Purchase of Property in
to criminal prosecution (PINEDA, Legal, supra at Litigation Under the Civil Code
273). Art. 1491: The following persons cannot acquire by
purchase, even at a public or judicial auction, either
Rule 16.02 - A lawyer shall keep the funds of in person or through the mediation of another:
each client separate and apart from his own and xxx
those of others kept by him. (5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers and
Reason: To prevent confusion and possible employees connected with the administration of
misappropriation of funds and properties justice, the property and rights in litigation or levied
upon an execution before the court within whose
Rule 16.03 - A lawyer shall deliver the funds and jurisdiction or territory they exercise their respective
property of his client when due or upon demand. functions; this prohibition includes the act of
However, he shall have a lien on the funds and acquiring by assignment and shall apply to lawyers,
may apply so much thereof as may be necessary with respect to the property and rights which may be
Clients Entitled to Effective Representation Every case a lawyer accepts deserves his full
Not only does everyone have the right to attention, skill and competence, regardless of its
representation but everyone has a right to effective importance and whether he accepts it for a fee (Id.).
representation.
The attorneys duty to safeguard the clients interests
The lawyer should recognize his lack of competence commences from his retainer until his effective
for a particular task and the disservice he would do release from the case or the final disposition of the
his client if he undertook that task (PINEDA, Legal, whole subject matter of the litigation. During that
supra at 290-291). period, he is expected to take such reasonable steps
and such ordinary care as his clients interests may
If he is consulted in such circumstances, he should require (Id.).
either: (DOE)
1. Decline to act; or A lawyer who received money to handle a clients
2. Obtain his clients instructions to retain, consult case but rendered no service at all shall be subject
or collaborate with a lawyer who is competent in to disciplinary measure (Dalisay v. Mauricio, A.C.
that field; or No. 5655, January 23, 2006).
3. Collaborate with Experts in scientific, The mere failure of the lawyer to perform the
accounting, or other non-legal fields (Id.). obligations due to the client is considered per se a
violation. The circumstance that the client was also
Rule 18.02 - A lawyer shall not handle any legal at fault does not exonerate a lawyer from liability for
matter without adequate preparation. his negligence in handling a case (Solidon v.
Macalalad, A.C. No. 8158, February 24, 2010).
Concept of Adequate Preparation
The adequate preparation required of the lawyer in Failure to timely file a formal offer of exhibits
the handling of a case covers a wide dimension in because a lawyer believes that the exhibits were
law practice. It includes among other virtues: (KTP) fabricated and that he was hoping that the same
1. Sufficient Knowledge of the law and would be refused admission by the RTC. Such was
jurisprudence; improper because if he truly believed the exhibits
The full protection of the clients interests requires were fabricated, then he had the option to withdraw
no less than a mastery of the applicable law and from the case. A lawyer must not forget that he shall
facts involved in a case, regardless of the nature not neglect a legal matter entrusted to him, and his
of the assignment. He must keep constantly negligence in connection therewith shall render him
abreast of the latest jurisprudence and liable (Sps. Warriner v. Dublin, A.C. No. 5239,
developments in all branches of the law November 18, 2013).
(AGPALO, Ethics, supra at 221).
Duty to Keep the Client Fully Informed The doctrine applies regardless of whether or not
the lawyer actually communicated to the client what
Rule 18.04 - A lawyer shall keep the client he learned in his professional capacity, the attorney
informed of the status of his case and shall and his client being, in legal contemplation, one
respond within a reasonable time to the client's juridical person (AGPALO, Ethics, supra at 350).
request for information.
Exceptions (CO) and ability, to the end that nothing be withheld from
1. If strict application might foster dangerous him (PINEDA, Legal, supra at 305).
Collusion to the detriment of justice; and
2. If service of notice upon party instead of upon his Limitation to the Devotion: The Law and Ethics
attorney is Ordered by court (Id.). A lawyers duty is not to his client but to the
administration of justice; to that end, his clients
Duty When the Accused Intends to Plead Guilty success is wholly subordinate and his conduct ought
A plea of guilty is an admission by the accused of his to and must always be unscrupulously observant of
guilt of crime as charged in the information and of law and ethics (Magsalang v. People, G.R. No.
the truth of the facts alleged, including the qualifying 90083, October 4, 1990).
and aggravating circumstances. Duty to Restrain Client from Impropriety
It is the duty of the defense counsel when his client
desires to enter a plea of guilty to: (ACEPA) Rule 19.01 - A lawyer shall employ only fair and
1. Fully Acquaint himself with the records and honest means to attain the lawful objectives of
surrounding circumstances of the case; his client and shall not present, participate in
2. Confer with the accused and obtain from him his presenting or threaten to present unfounded
account of what had happened; criminal charges to obtain an improper
3. Thoroughly Explain to him the import of a guilty advantage in any case or proceeding.
plea and the inevitable conviction that will follow;
4. See to it that the prescribed Procedure which Duty to Employ only Fair and Honest Means
experience has shown to be necessary to the 1. A lawyer should employ such means only as are
administration of justice is strictly followed and consistent with truth and honor. Among others, he
disclosed in the court records; and should not offer in evidence any document which
5. Advise him of his constitutional rights (AGPALO, he knows is false nor present any witness whom
Ethics, supra at 241). he knows will perjure.
2. In espousing his clients cause, a lawyer should
Duty of a Party-Litigant as Regards his Case or not state his personal belief as to the soundness
Cases or justice of his case (AGPALO, Ethics, supra at
It is a clients duty to be in touch with his counsel so 214).
as to be constantly posted about the case. The client
is mandated to inquire from his counsel about the The writing of demand letters is a standard practice
status and progress of the case from time to time and tradition in this jurisdiction. However, the letter in
and cannot expect that all he has to do is sit back, this case contains more than just a simple demand
relax and wait for the outcome of the case (GCP- to pay. It even contains a threat to file retaliatory
Manny Transport Services, Inc. v. Principe, G.R. No. charges against complainant which have nothing to
141484, November 11, 2005). do with his clients claim for separation pay. Indeed,
letters of this nature are definitely proscribed by the
Duty to Comply With the Clients Lawful Request Code of Professional Responsibility (Pea v.
A lawyer should endeavor to seek instruction from Aparicio, A.C. No. 7298, June 25, 2007).
his client on any substantial matter concerning the
litigation which may require decision on the part of Under this Rule, a lawyer should not file or threaten
the client, such as whether to compromise the case to file any unfounded or baseless criminal case or
or to appeal an unfavorable judgment. He should cases against the adversaries of his client designed
give his client sound advice on any such and similar to secure a leverage to compel the adversaries to
matters and comply with the clients lawful yield or withdraw their own cases against the
instructions relative thereto. He should resist any lawyer's client (Pena v. Aparicio, A.C. No. 7298,
unlawful instruction of his client. June 25, 2007).
CANON 19: A LAWYER SHALL REPRESENT HIS Duty of Lawyer in Case Of Knowledge Of Clients
CLIENT WITH ZEAL WITHIN THE BOUNDS OF Fraud
THE LAW.
Rule 19.02 - A lawyer who has received
Devotion to Client information that his client has, in the course of
A lawyer owes entire devotion to the interest of the the representation, perpetrated a fraud upon a
client, warm zeal in the maintenance of and defense person or tribunal, shall promptly call upon the
of his rights, and the exertion of his utmost learning client to rectify the same, and failing which he
Rule 19.03 - A lawyer shall not allow his client to Effects of an Unauthorized Appearance (PJDC)
dictate the procedure in handling the case. 1. Party is not bound by the attorneys appearance
in the case or by the judgment rendered therein;
The lawyer has exclusive management of the 2. Court does not acquire Jurisdiction over the
procedural aspect of the litigation. This means all person if the party has not been served with
proceedings in court to: (EB) summons;
1. Enforce the remedy; and 3. The adverse party who has been forced to litigate
2. Bring the claim, demand, cause of action or as a defendant by the unauthorized action on the
subject matter of the suit to hearing, trial, part of the attorney for the plaintiff may, on that
determination, judgment and execution. ground, move for the Dismissal of the complaint;
and
As to the substantial aspect, he can bind the client 4. If unauthorized appearance is willful, attorney
only with the clients express or implied consent. may be cited for Contempt as an officer of the
court who has misbehaved in his official
The client has exclusive control over: (CDS) transactions, and he may be disciplined for
1. The Cause of action; or professional misconduct (Id.).
2. The claim or Demand sued upon; and
3. The Subject matter of the litigation. Ratification of Unauthorized Appearance
A client may waive, surrender, dismiss, or 1. Express: Categorical assertion by client that he
compromise any of his rights involved in litigation in has authorized a lawyer or that he confirms his
favor of the other party even without or against the authorization to represent him in the case.
consent of his attorney (Id.). 2. Implied: Where a party with knowledge of the
fact that a lawyer has been representing him in a
The Code warns a lawyer not to allow his client to case, accepts benefits of representation or fails to
dictate the procedure in handling the case. In short, promptly repudiate the assumed authority.
a lawyer is not a gun for hire (Millare v. Atty.
Montero, A.C. No. 3283, July 1995). Requisites for Implied Ratification by Silence
(CDAF)
Authority of a lawyer to appear for or represent a 1.Party represented by lawyer must be of age,
client Competent or if suffering from Disability, has a
guardian or legal representative;
Appearance 2.Party or guardian is Aware of attorneys
It is the coming into court as a party either as a representation; and
plaintiff or as a defendant and asking relief therefrom 3.He Fails to promptly repudiate assumed authority
(Id). (Id.).
Prohibitions
1. It is improper for a lawyer to receive
Champertous Contract compensation for merely recommending another
One where the lawyer stipulates with his client that lawyer to his client and render no legal service at
in the prosecution of the case, he will bear all the all in the pursuit or defense of the clients case.
expenses for the recovery of things or property Reason: This practice if allowed and abetted, will
being claimed by the client, and the latter agrees to commercialize the legal profession for the
pay the former a portion of the thing or property recommending lawyers will be acting like agents
recovered as compensation. It is VOID for being for the others (PINEDA, Legal, supra at 347).
against public policy. 2. Attorneys fees cannot be shared to a non-lawyer
(Amalgamated Laborers' Association v. CIR, G.R.
Difference between Contingent Contract and No. L-23467, March 27, 1968).
Champertous Contract Reason: The existence of an attorney client
relationship is required as a condition for the
Champertous recovery of attorneys fees (AGPALO, Ethics,
Contingent Contract supra at 399).
Contract
Contingent fee is Payable in Rule 20.03 - A lawyer shall not, without the full
payable in cash kind ONLY knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate
Lawyers do not Lawyers undertake
or forwarding allowance or other compensation
undertake to pay all to pay all expenses
whatsoever related to his professional
expenses of litigation of litigation
employment from anyone other than the client.
Valid Void
(Id. at 339-340) Reason: To secure the fidelity of the lawyer to the
clients cause.
Rule 20.02 - A lawyer shall, in case of referral,
with the consent of the client, be entitled to a There should be no room for suspicion on the part of
division of fees in proportion to the work the client that his lawyer is receiving compensation
performed and responsibility assumed. in connection with the case from third persons with
hostile interests (Report of the IBP Committee).
Fees of Collaborating Counsel in case of
Lawyer-Referral Whatever a lawyer receives from the opposite party
If another counsel is referred to the client, and the in the service of his client belongs to the client, in the
latter agrees to take him as collaborating counsel, absence of clients consent.
and there is no express agreement on the payment
of attorneys fees, the said counsel will receive Exception: A lawyer may receive compensation
attorneys fees in proportion to the: (WR) from a person other than his client when the latter
1. Work Performed; and has full knowledge and approval thereof (Rule 138,
2. Responsibility assumed Sec. 20 (e)).
In case of disagreement, the court may fix the Enforcement of Attorneys Fees
proportional division of fees (PINEDA, Legal, supra
at 346). Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and
shall resort to judicial action only to prevent 1. Counsel de Parte He is entitled to the
imposition, injustice or fraud. reasonable attorneys fees agreed upon, or in the
absence thereof, on quantum meruit basis.
General Rule 2. Counsel de Oficio The counsel may not
A lawyer should avoid the filing of any case against demand from the accused attorneys fees even if
a client for the enforcement of attorneys fees. he wins the case. He may, however, collect from
the government funds, if available based on the
Exceptions amount fixed by the court.
1. To prevent imposition; 3. Amicus Curiae He is not entitled to attorneys
2. To prevent injustice; and fees.
3. To prevent fraud.
Duty of Confidentiality
Right to Protection of Attorneys Fees
The duty of the court is not alone to see that a CANON 21: A LAWYER SHALL PRESERVE THE
lawyer acts in a proper and lawful manner; it is also CONFIDENCE AND SECRETS OF HIS CLIENT
his duty to see that a lawyer is paid his just fees EVEN AFTER THE ATTORNEY-CLIENT
(AGPALO, Ethics, supra at 387). RELATION IS TERMINATED.
Effect of Nullity of Contract on the Right to The lawyers duty to maintain inviolate his clients
Attorneys Fees confidence is perpetual because it outlasts the
1. If the nullification is due to the illegality of its lawyers employment (PINEDA, Legal, supra at
object, the lawyer is precluded from recovering; 356).
and
2. If the nullity is due to want of authority on the part Rule 21.01 - A lawyer shall not reveal the
of one of the contracting parties or to some confidences or secrets of his client, except:
irregularity in its formal execution or because the 1. When authorized by the client after
court has found the amount to be recovered is acquainting him of the consequences of the
unconscionable, the lawyer may recover for any disclosure;
services rendered based on quantum meruit. 2. When required by law;
3. When necessary to collect his fees or to
When and where may a claim of fees be defend himself, his employees or associates or
asserted? by judicial action.
1. The very action in which the services in question
have been rendered; or Confidence
2. In a separate civil action. Information protected by the attorney-client privilege
(Report of IBP Committee, p. 117).
Instances When an Independent Civil Action to
Recover Attorneys Fees is Necessary Secret
1. Main action is dismissed or nothing is awarded; Other information gained in the professional
2. Court has decided that it has no jurisdiction over relationship that the client has requested to be held
the action or has already lost it; inviolate or the disclosure of which would be
3. Person liable for attorneys fees is not a party to embarrassing or detrimental to the client (Id.).
the main action;
4. Court reserved to the lawyer the right to file a Requisites for the Attorney-Client Privilege
separate civil suit for recovery of attorneys fees; (See discussion under Rule 15.02.)
5. Services for which the lawyer seeks payment are
not connected with the subject litigation; and Evidentiary Privilege: All of the elements inherent
6. The court rendered judgment without requiring in the rule must concur to make the communication
payment for attorneys fees and the judgment has privileged against disclosure.
become final (AGPALO, Ethics, supra at 428-
430). Form or Mode of Communication Covered
Article 1. Oral statements;
Compensation to which a lawyer is entitled to Article 2. Written statements;
depending on his capacity Article 3. Actions, signs or other means of
communication; and
Article 4. Those transmitted by any form of
agency, such as through messenger or
the duty which his client expected him to perform firm is generally considered as employment of the
(CANONS OF PROFESSIONAL ETHICS, Canon law firm (Hilado v. David, G.R. No. L-961,
37). September 21, 1949).
2. If an attorney is charged by a third person in
connection with the performance of his duty to his The disclosure is not to a third person because
client, he may also disclose his clients members or associates in the law firm are
confidence relative thereto (Bard v. Koerner, 279 considered as one.
F2d 623, 95 ALR2d 303, 1960).
3. An attorney suing a client for attorneys fees may Rule 21.05 - A lawyer shall adopt such measures
also disclose or use the confidential information as may be required to prevent those whose
of his client if such disclosure or use is necessary services are utilized by him, from disclosing or
to enable him to secure his rights (AGPALO, using confidences or secrets of the clients.
Ethics, supra at 287).
The lawyer should exercise care in selecting and
Rule 21.02 - A lawyer shall not, to the training his employees so that the sanctity of all
disadvantage of his client, use information confidences and secrets of his clients may be
acquired in the course of employment, nor shall preserved (Report of IBP Committee, p.119).
he use the same to his own advantage or that of
a third person, unless the client with full Rule 21.06 - A lawyer shall avoid indiscreet
knowledge of the circumstances consents conversation about a client's affairs even with
thereto. members of his family.
Exception: Rule 21.01 and in matters of Reason: To better preserve the clients confidences
unprivileged information (PINEDA, Legal, supra at and secrets (AGPALO, Ethics, supra at 270).
361).
Prohibition against Indiscreet Conversation
Rule 21.03 - A lawyer shall not, without the about Clients Affairs
written consent of his client, give information A lawyer must not only preserve the confidences
from his files to an outside agency seeking such and secrets of his clients in his law offices but also
information for auditing, statistical, outside including his home. He should avoid
bookkeeping, accounting, data processing, or committing calculated indiscretion, that is, accidental
any similar purpose. revelation of secrets obtained in his professional
employment.
Reason: The work product of a lawyer, such as his
effort, research and thought, and the records of his Reason: Reckless or imprudent disclosure of the
client, contained in his filed are privileged matters affairs of his clients may prejudice them. Not every
(Hickman v. Taylor, 91 L ed 451, 1947). member of the lawyers family has the proper
orientation and training for keeping clients
The purchase of the goodwill of a deceased lawyer confidences and secrets (PINEDA, Legal, supra at
by another lawyer may likely involve a violation of 364).
this rule (A.B.A Op. 226, June 21, 1945).
Rule 21.07 - A lawyer shall not reveal that he has
Since it has been proven that the cabinet belongs to been consulted about a particular case except to
a lawyer and that he keeps the records of his client avoid possible conflict of interest.
therein, the lower court cannot order the opening of
said cabinet. It would be tantamount to compelling Prohibition to disclose secrets covers
him to disclose his clients secrets (People v. Sy consultations
Juco, G.R. No. 41957, August 28, 1937).
Reason: The disclosure and the lawyers opinion
Rule 21.04 - A lawyer may disclose the affairs of thereon create an attorney-client relationship, even
a client of the firm to partners or associates though the lawyer does not eventually accept the
thereof unless prohibited by the client. employment (Hilado v. David, G.R. No. L-961,
September 21, 1949).
The rule is that the professional employment of a
law firm is equivalent to the retainer of the members General Rule: If a lawyer was consulted about a
thereof even though only one of them is consulted; particular case, and irrespective of whether or not he
conversely, the employment of one member of a law
CANON 22: A LAWYER SHALL WITHDRAW HIS In all the above cases, the lawyer must file a written
SERVICES ONLY FOR GOOD CAUSE AND UPON motion a copy thereof served upon the adverse
NOTICE APPROPRIATE IN THE party with an express consent of his client and the
CIRCUMSTANCES. court shall determine whether he ought to be
allowed to retire.
The rule in this jurisdiction is that a client has the He may also retire at any time from an action or
absolute right to terminate the attorney-client relation special proceeding, without the consent of his client,
at any time with or without cause. The right of an should the court, on notice to the client and attorney,
attorney to withdraw or terminate the relation other and on hearing, determine that he ought to be
than for sufficient cause is, however, considerably allowed to retire (RULES OF COURT, Rule 138,
restricted (Orcino v. Gaspar, A.C. No. 3773, Sec. 26).
September 24, 1997).
The lawyer has no right to presume that his petition
Limitation: The discharge of an attorney or his for withdrawal will be granted by the court. Until his
substitution by another without justifiable cause shall withdrawal shall have been approved, the lawyer
not negate the attorneys right to full payment of remains counsel of record who is expected by his
compensation. client as well as by the court to do what the interests
of his client require. He must still appear on the date
Termination of Attorney-Client Relationship of hearing for the attorney-client relation does not
1. Withdrawal of lawyer under Rule 22.01; terminate formally until there is a withdrawal of
2. Death of lawyer; record (Orcino v. Gaspar, A.C. No. 3773, September
3. Death of client; 24, 1997).
4. Discharge by client;
5. Appointment or election of a lawyer to a Acceptance of Incompatible Office
government position which prohibits the practice A lawyer who accepts public office ceases, by
of law; operation of law, to engage in private law practice
6. Full termination of the case; and becomes disqualified from continuing to
7. Disbarment or suspension of the lawyer from the represent a client in those cases which the law
practice of law; prohibits him from doing so or requires his entire
8. Intervening incapacity or incompetency of client time to be at the disposal of the government. His
during pendency of the case; qualification to public office operates to ruminate the
9. Declaration of presumptive death of the lawyer; existing attorney-client relationship (Omico Miniing &
or Industrial Corp. v. Vallejos, G.R. No. L-38974, March
10. Conviction for a crime and imprisonment of the 25, 1975).
lawyer for quite some time (Pineda, Legal, supra
at 380). Discharge of The Attorney By The Client
The client has the right to terminate at any time with
Rule 22.01 - A lawyer may withdraw his services or without just cause. Just cause is material only in
in any of the following cases: determining compensation.
a.When the client pursues an illegal or immoral
course of conduct in connection with the While clients have the right to terminate their
matter he is handling; relations with their counsel and make substitution or
change at any stage of the proceedings, the
exercise of such right is subject to compliance with written consent of his client or with leave of court
the prescribed requirements. This rule is intended to on some justifiable ground; or
ensure the orderly disposition of cases, without it, 3. Substitution of counsel in the form of an
there will be confusion in the service of processes, application for that purpose (Laput v. Remotigue,
pleadings and other papers. A.C. No. 219, September 29, 1962).
Change or Substitution of Counsel Thus, the retaining lien does not attach to funds,
documents and papers which come into the lawyers
Ways of Changing Counsel in a Pending Case possession in some other capacity (Sarmiento v.
1. Clients discharge of his attorney at any time with Montagne, G.R. No. 1110, April 22, 1904).
or without cause and thereafter employ another
lawyer who may then enter his appearance;
2. Attorney himself may initiate the move by
withdrawing his appearance either with the