Beruflich Dokumente
Kultur Dokumente
ETHICS
2. A relation as
officer of the court
Practice of law as a profession to the
administration of justice
The practice of law is a profession, a involving
thorough sincerity,
form of public trust, the performance of integrity, and
reliability.
which is entrusted only to those who 3. Relation to the
client in the
are qualified to possess good moral highest degree
fiduciary.
character. 4. Relation to
colleagues at the bar
The legal profession is not a trade. characterized by
candor, fairness,
To render public service and secure and unwillingness to
resort to
justice to those who seek its aid. current business
methods of
It is not a business, using bargain advertising and
encroachment on
counter methods to reap large profits. their practice, or
dealing with
The gaining of livelihood is not a their clients.
profession, but a secondary These characteristics make
it a noble
consideration. profession and the privilege
to practice
The Code of Professional Responsibility, it is bestowed only upon
individuals who
particularly the ethical rule against are competent
intellectually,
advertising or solicitation of academically, and morally.
professional employment, rests on the A partnership in the
practice of law is a
fundamental postulate that the practice mere relationship or
association for
of law is a profession. such particular purpose. It
is not a legal
Profession A calling requiring entity. It is not a
partnership formed for
specialized knowledge and often the purpose of carrying on a
trade or
requiring long academic preparation. business or of holding
property.
In fixing fees, remember that the Even if registered with the
SEC, any
profession is a branch of the lawyer practicing
under a law
administration of justice and not a mere partnership is considered a
solo
money-making trade. practitioner who is the
taxpayer and not
Law advocacy is not capital that yields the law partnership.
profits. Law prohibits a business or
commercial
A calling, unlike mercantile pursuits partnership or juridical
entity to engage
which enjoy a greater deal of freedom in the practice of law since
such cannot
from government interference, is possess nor comply
with the
impressed with public interest. qualifications and
requirements of a
Attorney is also entitled to protection lawyer.
from the court against any attempt by
his client to escape payment of his just Necessity of representation by
counsel
fees. Employment of a person
acquainted
Client is also protected against exaction with the rules becomes a
necessity both
by his counsel of excessive fees. to the litigant and to the
court.
Litigant is not ordinarily
versed in the
Primary Characteristics law and its intricacies.
distinguishing the Legal Profession A court can adjudicate only in
from Business: accordance with the law and
the facts
1. A duty of public service, presented pursuant to well-
established
emolument is a by-product. rules of procedure and
evidence.
ralc2011
6
LEGAL ETHICS
ralc2011
7
LEGAL ETHICS
ralc2011
11
LEGAL ETHICS
No valid distinction can be drawn Any person who has been duly
licensed
between part of the work involving as a member of the bar in
accordance
appearance in court and that part with the statutory requirements
and
involving advice and drafting of who is in good and regular
standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory
requirements:
services in litigations in court. A 1. Must have been admitted to
the
persons past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must
remain in
lawyer-entrepreneur of industry, good and regular standing
(a
lawyer-negotiator of contracts, and continuing requirement).
lawyer-legislator more than satisfy the
constitutional requirement for Must have been admitted to the
bar. A
appointment as Chairman of the lawyer is one who:
COMELEC that he has been engaged in 1. Passed the bar exams.
the active practice of law for at least 2. Taken the lawyers oath
before
ten years. (Cayetano v Monsod) the Supreme Court en banc.
3. Signed in the roll of
attorneys.
4. Received a certificate of
license to
practice law from the
Clerk of
Court of the Supreme
Court.
ESSENTIAL CRITERIA 5. Furnished satisfactory
proof or
DETERMINATIVE educational, moral, and
other
OF ENGAGING IN THE PRACTICE OF qualifications.
LAW: (HACA)
1. Habituality- implies customarily or After Admission he or she must:
habitually holding oneself out to the 1. Remain an IBP member in good
public as a lawyer standing by regularly paying
IBP
2. Compensation- implies that one dues and other lawful
assessments.
must have presented himself to be 2. Pay annual privilege tax.
in the active practice and that his 3. Faithfully observe the rules
and
professional services are available to ethics of the legal
profession.
the public for compensation, as a 4. Be continually subjected to
judicial
source of his livelihood or in disciplinary control.
consideration of his said services.
3. Application of law, legal Compulsory membership to the IBP
is
principle, practice, or procedure not violative of a lawyers
freedom of
which calls for legal knowledge, association. Integration does
not make
training and experience. a lawyer a member of any group
of
4. Attorney-client relationship. which he is already a member. He
became a member of the bar when
he
passed the Bar Examinations. Bar
C. WHO MAY PRACTICE LAW integration does not compel the
lawyer
to associate with anyone. He is
free to
Persons entitled to practice law, attend or not attend the
meetings of his
generally Integrated Bar Chapter or vote
or
ralc2011
13
LEGAL
ETHICS
ralc2011
15
LEGAL ETHICS
ralc2011
16
LEGAL
ETHICS
ralc2011
18
LEGAL
ETHICS
ralc2011
19
LEGAL
ETHICS
ralc2011 23
LEGAL
ETHICS
Canon 1, Rule 1.01. A lawyer shall not He should not allow his
services to be
engage in unlawful, dishonest, immoral engaged by an organization
whose
or deceitful conduct. member as violating the law, to
defend
them when they get caught.
As servant of the law, a lawyer should
moreover make himself an exemplar for The Supreme Court will not
denounce
others to emulate. criticismmade by anyone against
the
Duty to obey the law and promote Court for, if well founded, can
truly
respect for law and legal processes have constructive effects in
the task of
demands that he shall not engage in the Court, but it will not
countenance
unlawful, dishonest, and immoral, or any wrongdoing nor allow the
erosion of
deceitful conduct. our peoples faith in the
judicial system,
Unlawful conduct is an act or omission let alone, by those who have
been
which is against the law. privileged by it to practise
law in the
Dishonesty involves lying or cheating. Philippines. (Estrada
v.
Immoral or deceitful conduct is that Sandiganbayan, 416 SCRA 465
which is willful, flagrant or shameless (2003))
and which shows a moral indifference to
the opinion of the good and respectable Terrel was found guilty of
malpractice
members of the community. or gross misconduct for
assisting in the
establishment and acting as
counsel for
Moral turpitude includes everything the Centro Bellas Artes Club,
an
which is done contrary to justice, organization intending to evade
the
honesty, modesty, or good morals. It practice of law. (In Re Terrel
(1903))
involves an act of baseness, vileness, or
depravity in the private duties which a
man owed his fellowmen, or to society Duty not to encourage lawsuits
in general, contrary to the accepted and Rule 1.03. A lawyer shall not,
for any
customary rule of right and duty corrupt motive or interest,
encourage
between man and woman, or conduct any suit or delay any mans
cause.
contrary to justice, honesty, modesty,
or good morals. Among the unprofessional acts
which
come within the prohibition
include the
Duty not to counsel illegal activities lawyers:
Canon1, Rule 1.02. A lawyer shall not 1. Volunteering advice to
bring
counsel or abet activities aimed at lawsuit, except in rare
cases
defiance of the law or at lessening where ties of blood,
relationship,
confidence in the legal profession. or trust.
2. Hunting up defects in
titles or
A lawyer who defies a writ or other causes of action.
preliminary injunction has flouted his 3. Seeking out claims for
personal
duties as a lawyer. injuries or those having
any other
He should not promote an organization grounds of action to
secure them
known to be violating the law nor assist as clients.
it in a scheme which he knows is 4. Initiating a meeting of
the
dishonest members of a club and
inducing
ralc2011
25
LEGAL ETHICS
Rule 2.02. In such cases, even if A lawyer shall not reject the cause
of
the lawyer does not accept a case, the defenseless
he shall not refuse to render legal Rule 2.01. A lawyer shall not
reject,
advice to the person concerned if except for valid reasons, the
cause of
only to the extent necessary to the defenseless or the oppressed.
safeguard the latters rights. Stems from one of the obligations
incident to the status and
privileges of a
Rule 2.03. A lawyer shall not do or lawyer To represent the poor
and
permit to be done any act designed oppressed in the prosecution of
their
to primarily solicit legal business. claims or the defense of their
rights.
Even in those instances in which
he
Rule 2.04. A lawyer shall not may not, for valid reasons,
accept the
charge rates lower than those case, the lawyer shall not
refuse to
customarily prescribed unless the render legal advice to the person
circumstances so warrant. concerned if only to the extent
necessary to safeguard the
latters
B. MAKING LEGAL SERVICES rights. (Rule 2.02.)
AVAILABLE
The duty of a lawyer to accept
the
Generally cause of the defenseless and the
A lawyer shall make his legal services oppressed empowers the court to
available in an efficient and convenient require him to render
professional
manner compatible with the services to any party in a case,
if the
independence, integrity and party is without means to employ
an
effectiveness of the profession. attorney and the services of a
lawyer
A lawyer who is qualified to provide are necessary to protect the
rights of
efficient legal services should make such party or secure the ends of
justice.
available such services to those who are To designate him as counsel de
oficio
in need thereof. for an accused if the latter is
unable to
IBP Committee that drafted the Code employ a counsel de parte.
explained: A person in need of legal The lawyer so assigned has to
render
services should be able to find a lawyer effective legal services, under
the pain
who is qualified to provide them. It is of disciplinary sanction should
he fail or
ralc2011
27
LEGAL
ETHICS
The reason for the rule is that a lawyer Rule 6.01. The primary duty of
a
does not shed his professional lawyer in public prosecution
is not to
obligations upon assuming public office. convict but to see that
justice is done.
In fact, his professional obligations The suppression of facts or
the
should make him more sensitive to his concealment of witnesses
capable of
official obligations because a lawyers establishing the innocence of
the
disreputable conduct is more likely to accused is highly
reprehensible and is
be magnified in the public eye. cause for disciplinary action.
consultant, counsel, broker, agent, The Court ruled that ATty Mendoza
could
trustee or nominee / in any private not be disqualified from
representing the
enterprise regulated, supervised or LGC. The Court explained:
licensed by their office / unless The key to unlock Rule 6.03 lies
in
expressly allowed by law; comprehending.
2. Engage in the private practice of 1. The meaning of
matter
their profession unless authorized by referred to in the
rules.
the Constitution or law, provided 2. The metes and bounds
of the
that such practice will not conflict or intervention made
by the
tend to conflict with their official former government
lawyer on
functions; or the matter.
3. Recommend any person to any The American Bar Association, in
its
position in a private enterprise which Formal Opinion 342, defined
matter
has a regular or pending official as:
transaction with their office. o Any discrete,
isolatable act as
well as identifiable
transaction
and not merely an act
of
Former official may not accept certain drafting,
enforcing or
employment interpreting
government or
Rule 6.03. A lawyer shall not, after agency
procedures,
leaving government service, accept regulations or laws,
or briefing
engagement or employment in abstract principles
of law.
connection with any matter in which he The matter or the act of Atty.
had intervened while in said service. Mendoza as Solicitor
General is
advising the Central Bank on
how to
The restriction covers engagement and proceed with Genbanks
liquidation is
employment, which means that he held not to be the
matter
cannot accept any work or employment contemplated by Rule 6.03.
from anyone that will involve or relate Clearly, ABA Formal Opinion 342
to the matter in which he intervened as stresses that Atty. Mendozas
acts did
a public official, except on behalf of the not fall within the scope of
the term
body or authority which he served matter.
during his public employment. It is given that respondent
Mendoza
had nothing to do with the
decision of
PCGG v. Sandiganbayan, 455 SCRA the Central Bank to liquidate
Genbank
526 (2005)): and did not even participate in
the sale
PCGG seeks to disqualify Atty. Estelito of Genbank to Allied Bank.
Mendoza as counsel for the Lucio Group of The matter which he got
himself
Companies in the suit involving the involved was informing the
Central
sequestration of shares of stock of the LGC bank on the procedure by law to
as alleged ill-gotten wealth, on the ground liquidate Genbank.
that as former Solicitor General, he It is not the same as the
subject
intervened in the matter of the liquidation matter of the civil
case of
of Genbank, which was subsequently sequestration of stocks owned
by Tan in
purchased by LGC. Allied Bank on the alleged
ground that
ralc2011
33
LEGAL ETHICS
Based on the book
Legal and Judicial Ethics
by Atty. Ruben E. Agpalo
ralc2011
37
LEGAL
ETHICS
performance of any task which by law The third exception to the rule
does not
may only be performed by a member of involve, strictly speaking, a
division of
the Bar in good standing. legal fees with non-lawyer
employees.
He should not delegate to a layman any The retirement benefits in the
form of
work which involves the application of pension represent additional
deferred
law, such as: wages or compensation for past
1. The computation and services of the employees
determination of the period within Impropriety arises where the
effect of
which to appeal and adverse the arrangement is to make the
estate
judgment. or heir a member of the
partnership
2. Examination of witnesses. along with the surviving
partners, or
3. Presentation of evidence. where the estate or heir is to
receive a
Can employ secretaries, investigators, percentage of fees that may be
paid
detectives, researches as long as they from future business of the
deceased
are not involved in the practice of law lawyers clients. Such fees no
longer
(e.g., not writing pleadings, appearing represent compensation
for past
in court, etc.) services of the deceased
lawyer.
An agreement between a union
lawyer
A lawyer shall not divide fees with and a layman president of the
union to
non-lawyers divide equally the attorneys
fees that
Rule 9.02. A lawyer shall not divide or may be awarded in a labor case
violates
stipulate to divide a fee for legal the rule.
services with persons not licensed to
practice law.
Exceptions: D. SOLICITATION AND ADVERTISING
1. Where there is a pre-existing
agreement with a partner or A lawyer shall not solicit legal
associate that, upon the latters business
death, money shall be paid over a The law prohibits lawyers from
soliciting
reasonable period of time to his cases for the purpose of gain,
either
estate or to persons specified in the personally, or through paid
agents or
agreement. brokers, and makes the
act
2. Where a lawyer undertakes to malpractice. (Rule 138, Sec. 27,
Rules
complete unfinished or legal or Court)
business of a deceased lawyer. Sec. 27. Attorneys removed
or
3. Where a lawyer or law firm includes suspended by Supreme Court on
what
non-lawyer employees in a grounds. - A member of the bar
may be
retirement plan, even if the plan is removed or suspended from his
office
based in whole or in part, on as attorney by the Supreme Court
for
profitsharing arrangement. any deceit, malpractice, or other
gross
misconduct in such office,
grossly
The first two exceptions to the rule immoral conduct, or by reason of
his
represent compensation for legal conviction of a crime involving
moral
service rendered by the deceased turpitude, or for any violation
of the
lawyer during his lifetime, which is paid oath which he is required to take
before
to his estate or heirs. admission to practice, or for a
wilfull
ralc2011
41
LEGAL ETHICS
ralc2011
43
LEGAL ETHICS
ralc2011
44
LEGAL ETHICS
It is not a business
partnership under
the Civil Code.
It is highly unethical for an attorney to No person should be admitted
or held
advertise his talents or skill as a out as a member who is not a
lawyer.
merchant advertises his wares. The law Rule 3.02. In the choice of a
firm
is a profession and not a business. The name, no false, misleading or
assumed
lawyer may not sell or obtain name shall be used. The
continued use
employment himself or through others of the name of a deceased
partner is
for to do so would be unprofessional. It permissible provided that the
firm
is destructive of the honor of a great indicates in all its
communications that
profession. It lowers the standards of said partner is deceased.
that profession. It works against the The reason for allowing the
continued
confidence of the community and it use of the name of a deceased
partner
results in needless litigation. (In Re: is that all the partners, by
their joint
Tagorda, 53 Phil 37 (1929))7 efforts over a period
of time,
Tagorda was suspended for soliciting contributed to the goodwill
attached to
business. Before Tagordas election to the firm name, and this
goodwill is
the provincial board of Isabela, he used disturbed by a change in firm
name
a card offering services as an attorney every time a partner dies.
and a notary public free. The card also Filipino lawyers cannot
practice law
stated that he was a candidate for the under the name of a foreign
law firm,
provincial board. After his election, he as the latter cannot practice
law in the
wrote a letter to the barrio lieutenant Philippines.
informing him that he would continue The use of the foreign law
firm in the
his practice as lawyer and asking that country is unethical:
the lieutenant transmit this information o The respondents use of
the firm
to the barrio. name
constitutes a
Examples of improper advertising: representation
that being
o Distribution of a diary which has associated with
Baker and
an attorneys card printed in the McKenzie they could
render legal
cover. services to the highest
quality to
o Procuring a lawyers name to be multinational business
enterprises
written in an automobile and others engaged in
foreign
insurance policy with direction to trade and investment.
This is
the insured to contact the unethical because
Baker &
attorney in case of accident. McKenzie is not
authorized to
practice law here.
(Dacanay v.
Baker and McKenzie, 136
A lawyer shall not use false or SCRA 349 (1985))
misleading firm name
Law partnership among lawyers for the A partner who accepts public
office
general practice of law is common. should withdraw from the firm;
Such partnership is a mere association exception
of lawyers for such purpose and is a Rule 3.03. Where a partner
accepts
non-legal entity. public office, he shall withdraw
from the
firm and his name shall be
dropped
ralc2011
45
LEGAL
ETHICS
from the firm name unless the law national organization of the
legal
allows him to practice law concurrently. profession based on the
recognition of
The purpose of the rule is to prevent the lawyer as an officer of
the court.
the law firm from using his name to Integration fosters cohesion
among
attract legal business and to avoid lawyers and ensures the
promotion of
suspicion of undue influence. the objectives of the legal
profession
pursuant to the principle of
maximum
A lawyer shall not seek media bar autonomy with
minimum
publicity supervision by the Supreme
Court.
Rule 3.04. A lawyer shall not pay or
give anything of value to Power to integrate the bar
representatives of the mass media in The Constitution vests upon the
anticipation of, or in return for, publicity Supreme Court the power to
integrate
to attract legal business. the Philippine bar.
Media publicity, as a normal by-product Such power is an inherent part
of the
of efficient legal service, is not Courts constitutional authority
over the
improper. bar.
What is improper is for a lawyer to Supreme Court may adopt rules
of
resort to propaganda to secure media court to effect the integration
of the
publicity for the purpose of attracting Philippine Bar. (RA 6397 AN ACT
legal business. PROVIDING FOR THE INTEGRATION OF
The purpose of the rule is to prevent THE PHILIPPINE BAR)
some lawyers from gaining unfair However, RA 6397 neither confers
a
advantage over others through the use new power nor restricts the
Courts
of gimmickry. inherent power but is a mere
legislative
o Procuring his photograph to be declaration that the integration
will
published in connection with promote public interest or will
raise the
cases he is handling. standard of the legal
profession.
o Making a courtroom scene to January 16, 1973, Supreme Court
attract the attention of ordained the integration
of the
newspapermen. Philippine Bar.
o Arranging for the purpose an Presidential Decree
181
interview with him by media (CONSTITUTING THE INTEGRATED BAR
people. OF THE PHILIPPINES INTO A BODY
CORPORATE AND
PROVIDING
E. THE INTEGRATED BAR OF THE GOVERNMENT ASSISTANCE THERETO
PHILIPPINES FOR THE ACCOMPLISHMENT OF ITS
PURPOSES) constituted the
Integrated
Integration of the bar Bar into a corporate body.
The official unification of the entire
lawyer population. Constitutionality of integration
Requires membership and financial Constitutionality hinges on the
effects
support of every attorney as a condition of bar integration on the
lawyers
sine qua non to the practice of law. constitutional rights of freedom
of
Bar integration signifies the setting up association and freedom of
speech and
by the government authority of a
ralc2011
46
LEGAL
ETHICS
ralc2011 55
LEGAL ETHICS
ralc2011
56
LEGAL ETHICS
ralc2011
59
LEGAL ETHICS
ralc2011
61
LEGAL ETHICS
ralc2011
64
LEGAL ETHICS
and then asks that justice be done upon Rule 12.06 A lawyer
shall not knowingly assist a
the merits. witness to
misrepresent himself or to impersonate
another.
A lawyer should not hide behind a maze
While he may
interview witnesses in
of technicalities to delay if not defect
advance of trial or
attend to their needs
the recovery of what is justly due and
if they have no
adequate means of
demandable.
defraying their own
expenses, the
lawyer should avoid
any such action as
Lawyer to discourage appellate review
may be
misinterpreted as an attempt to
If a lawyer is honestly convinced of the
influence the
witness as to what to say
futility of an appeal in a civil suit, he
in court.
should not hesitate to inform his
A lawyer who
presents a witness whom
disappointed client that most likely the
he knows will give a
false testimony
verdict would not be altered.
may be subjected to
disciplinary action.
He should advise his client to accept the
judgment of the trial court and thus
Lawyers shall not harass
a witness
accord respect to the just claim of the Rule 12.07 A lawyer
shall not abuse, browbeat or
opposite party. harass a witness nor
needlessly inconvenience
He should temper his clients desire to him.
seek appellate review of such decision. Duty to always treat
adverse witnesses
Unless he could sufficient cause for with fairness and
due consideration.
reversal, he would only succeed in Rules of Court, Rule
138, Section 20:
planting false hopes in his clients mind,
increase the burden on appellate (f) To abstain from
all offensive
tribunals, prolong litigation personality and to
advance no fact
unnecessarily, and expose his client to prejudicial to the
honor or reputation of
useless expenses of suit. a party or witness,
unless required by
It has also been held that the failure of the justice of the
cause with which he is
counsel to file an appeal is negligent in charged;
the performance of his duties to his
client. If the lawyer does not hear from A lawyer shall avoid
testifying for a
the client, he should perfect an appeal client
within the period. Rule 12.08 - A lawyer
shall avoid testifying in
behalf of his
client, except:
ralc2011
66
LEGAL ETHICS
ralc2011
67
LEGAL ETHICS
ralc2011
68
LEGAL ETHICS
Without clients, a
lawyer may not be able to
C. ETHICAL NORMS AND RESTRICTIONS make a name as a
practitioner though how
talented he may be.
Canon 15. A lawyer shall observe candor, On the other hand, a
lawyer cannot just
fairness and loyalty in all his dealings and accept any case nor can
he employ business
transactions with his clients. methods to solicit
professional employment or
Rule 15.01. A lawyer, in conferring with a to advertise his talent
and skill to attract
prospective client, shall ascertain as soon prospective clients.
as practicable whether the matter would
involve a conflict with another client or his Lawyer shall ascertain
possible conflict of
own interest, and if so, shall forthwith interests
inform the prospective client. Rule 15.01. A lawyer, in
conferring with a
prospective client,
shall ascertain as soon as
Rule 15.02. A lawyer shall be bound by practicable whether the
matter would involve
the rule on privileged communication in a conflict with another
client or his own
respect of matters disclosed to him by a interest, and if so,
shall forthwith inform the
prospective client. prospective client.
It is the duty of a
lawyer to disclose and
Rule 15.03. A lawyer shall not represent explain to a
prospective client all
conflicting interests except by written circumstances of his
relations to the parties,
consent of all concerned given after a full and any interest in
connection with the
disclosure of the facts. controversy, which in
his honest judgment,
might influence the
client in the selection of a
Rule 15.04. A lawyer may, with the counsel.
written consent of all concerned, act as The disclosure is more
for the protection of
mediator, conciliator or arbitrator in the lawyer than that of
the client.
settling disputes. If a lawyer conceals the
fact that the adverse
party used to be his
client, the new client
Rule 15.05. A lawyer when advising his may have reason to
suspect, in case of an
client shall give a candid and honest unfavorable judgment,
that the circumstance
opinion on the merits and probable results prevented him from the
full discharge of his
of the clients case, neither overstating duty.
nor understanding the prospects of the Concealment of facts
material to employment
case. may cause his client to
lose confidence in
him.
Rule 15.06. A lawyer shall not state or
imply that he is able to influence any Duty to decline employment
public official, tribunal or legislative body. A lawyer should
decline professional
employment even though
how attractive the
Rule 15.07. A lawyer shall impress upon fee may be if its
acceptance will involve a
his client compliance with the laws and violation of any of the
rules of the legal
the principles of fairness. profession.
After giving advice to a
plaintiff concerning a
Rule 15.08. A lawyer who is engaged in claim, the lawyer may
not thereafter accept
another profession or occupation retainer from the
defendant to defeat that
concurrently with the practice of law shall claim.
make clear to his client whether he is He may not accept
employment from another
acting in a matter adversely
affecting any interest of
his former client with
respect to which,
confidence has been
reposed.
Generally Nor may he handle a case
to nullify a contract
A lawyer may only be as successful in the which he prepared.
practice as he has enough paying clientele.
ralc2011
72
LEGAL ETHICS
ralc2011
74
LEGAL ETHICS
ralc2011
75
LEGAL ETHICS
CHAPTER 7 LAWYERS
DUTIES IN HANDLING A. ENTIRE DEVOTION
WITHIN THE LAW
ralc2011
77
LEGAL ETHICS
Public interest requires that an attorney exert statute shall have been
construed and
his best efforts in the prosecution or defense interpreted by competent
jurisdiction, he is
of his clients cause. free and is entitled to
advice as to its validity
and as to what he
conscientiously believes to
A lawyer shall perform duty within the law its just meaning and
extent.
Rule 15.07. A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness. But above all a lawyer
will find his highest
Duties of attorneys. - It is the duty of an honor in a deserved
reputation for fidelity to
attorney: (c) To counsel or maintain such private trust and to
public duty, as an honest
actions or proceedings only as appear to him man and as a patriotic
and loyal citizen.
to be just, and such defenses only as he
believes to be honestly debatable under the
law. (Rule 138, Sec. 20, Rules of Court) A lawyer shall give candid
advice on merits
Duty to secure for the client, through of case
honorable means, only what is justly due him. A lawyer should endeavor
to obtain full
knowledge of his
client's cause before
A lawyer is required to represent his client advising thereon.
within the bounds of the law. The CPR enjoins Rule 15.05. A lawyer when
advising his
him to employ only fair and honest means to client shall give a
candid and honest opinion
attain the lawful objectives of his client and on the merits and
probable results of the
warns him not to allow his client to dictate clients case,
neither overstating nor
procedure in handling the case. He may use understanding the
prospects of the case.
arguable construction of the law or rules It is incumbent upon a
lawyer to give his
which are favorable to his client. But he is not client an honest opinion
on the probable
allowed to knowingly advance a claim or results of the case,
with the end vie of
defense that is unwarranted under existing promoting respect for
the law and legal
law. processes.
The trust confided to an attorney must be As officers of the
court, counsels are under
performed within the bounds of law. obligation to advice
their clients against
His office does not permit violation of law or making untenable and
inconsistent claims.
any manner of fraud or chicanery.
He swore, upon his admission to the practice,
to uphold the cause of justice, obey the law, If a lawyer finds his
clients contemplated civil
and do no falsehood. suit totally devoid of
merit or wholly
defenseless, he should
inform his client and
There is nothing in the duty to a client which dissuade him from filing
or to compromise
makes it necessary for a lawyer to swear to rather than traverse the
incontrovertible.
that which is false, to disregard the truth and If, on the other hand,
he finds that his clients
defy the clear purpose of the law, or to obtain cause is fairly
meritorious and ripe for judicial
for his client something to which he is not adjudication, he should
refrain from making
justly and fairly entitled. bold and confident
assurances of success.
To permit lawyers to resort to unscrupulous Rule 15.06. A lawyer
shall not state or imply
practices for the protection of the supposed that he is able to
influence any public official,
rights of their clients is to defeat the tribunal or legislative
body.
administration of justice. The miscarriages to
which justice is subject,
When rendering any improper service or by reason of surprises
and disappointments in
advice, the lawyer invites stern and just evidence and witnesses,
through mistakes
condemnation. and errors of courts,
even though only
occasional, admonish
lawyers to beware of
He must also observe and advise his client to bold and confident
assurances to clients,
observe the statute law, though until a
ralc2011
78
LEGAL ETHICS
untrammeled conduct when appearing at the Rule 13, Sec. 10. Rules of
Court
trial or on the witness stand. Completeness of service.
A lawyer may properly obtain statements Service by ordinary mail
is complete upon the
from witnesses whose names were furnished
expiration of ten (10)
days after mailing,
by the opposing counsel or interview the
employees of the opposing party even though unless the court otherwise
provides.
they are under subpoena to appear as Service by registered mail
is complete upon
witnesses for the opposite side. actual receipt by the
addressee, or after five
If after trial resulting in defendants (5) days from the date he
received the first
conviction, his counsel has been advised that notice of the postmaster,
whichever date is
a prosecution witness committed perjury, it is earlier.
the lawyers duty to endeavor honorably to
obtain such witness retraction. This rule imposes upon a
lawyer the duty to
An adverse party, though he may be used as maintain a system that
will insure his prompt
a witness, is not a witness within the meaning receipt of notices and
communications sent to
of the rule permitting a lawyer to interview him by mail at his address
of record.
the witness of the opposing party. The failure or refusal of
a lawyer to claim
A lawyer should not in any way communicate registered mails addressed
to him may prove
upon the subject of controversy with a party prejudicial to his
clients interests, as when as
represented by counsel, much less should he a consequence thereof, he
fails to attend a
undertake to negotiate or compromise the hearing, to file a
responsive pleading on time,
matter with him, but should deal only with his pay the docket fee, or
appeal an adverse
counsel. judgment.
Circumstances that will
not warrant reopening
What to do in case of conflict of trial dates of the litigation nor
prevent the service by
Two or more cases set for trial in different registered mail from being
effective after 5
courts and on the same date without the days notice:
lawyers previous knowledge should ask for 1. That a lawyer could
not afford to hire a
postponement of the latter cases as he should regular clerk to
claim his mail.
not give undue preference for the work in one 2. That his clerk
failed to call his
against the other. attention to it.
o Except: In favor of that case wherein 3. That the demands of
his work required
the court has served warning in view him to be in
different places.
of previous repeated postponements 4. That he changed his
address without
Motion for postponement should be presented notice to the court
thereof.
at such time as practicable to prevent the
adverse party from coming to court with his Notice of change of address
witnesses on the date of trial as to spare Without his address being
recorded in the
unnecessary expense. case, a lawyer will not be
entitled to be
A lawyer should not assume that his motion served with judicial
notice.
for postponement will be granted even if the Without informing the court
in writing of such
adverse party conforms since the court is not change, a notice served at
the attorneys
bound thereby. original address is binding
upon the client.
When the motion for postponement has been Insofar as the court is
concerned, the last
denied or the case has been set for trial for address on record is the
place where all
the last time, the lawyer must take notices shall be served
until the court is
precautionary measures such as notifying the officially informed to the
contrary.
court or asking his clients to secure the
services of another lawyer or requesting Notice of death of client
another attorney to appear for him. Rule 3, Sec. 16. Rules of
Court: Death of
party; duty of counsel:
Adoption of a system to insure receipt of
mails
ralc2011
83
LEGAL ETHICS
ralc2011
84
LEGAL ETHICS
E. CONSEQUENCES OF FAILURE TO
PERFORM DUTIES
Generally
Failure of the lawyer may render him
administratively liable, which may be a
reprimand, warning, suspension from the
practice of law, and even disbarment
depending upon the circumstances and
prejudice caused to the client.
ralc2011
87