LEGAL ETHICS

Stephanie Rose B. Senires

FOUR-FOLD DUTY OF LAWYERS: What constitutes legal ethics? legal procedure, knowledge, training and experience. It covers a very
1. Duty to the court. broad spectrum of activity.
2. Duty to his client.
3. Duty to his colleagues in the profession (BAR) Trial Lawyer vs. Practicing Lawyer
4. Duty to his profession. Trial law is only one of the many facets of lawyering. All trial lawyers are
practicing lawyers while not all practicing lawyers are trial lawyers.
Sources of Legal Ethics
1. CRP Is an attorney-in-fact a lawyer? Not necessarily. He can be a lawyer or
2. Constitution may not be a lawyer. He is a representative or agent of somebody
Who has the power promulgate rules concerning the admission to authorized to do something in favor of the principal.
the practice of law? The Supreme Court (Rules of Court)
The SC can admit who can practice and who may be disbarred. Who can be counsel de oficio? Any lawyer can be counsel de oficio.
3. Statutes However in localities where members of the bar are not available, the
Scattered laws. Ex. Art. 1491, Par. 5 of the CC. If you are a court may appoint any person, resident of the province and of good repute
lawyer, you cannot buy or acquire any property which is the subject of a for probity and ability, to defend the accused.
litigation that you are handling. You might exercise moral ascendancy
over your client. To purchase such property might tempt the lawyer into Who is an attorney ad hoc? He is a counsel of an absentee defendant.
abusing whatever ascendancy the lawyer has.
Who is attorney of record? He is a lawyer whose name appears in the
Art. 209, RPC. Betrayal of trust by an attorney. Liabilities are records of the case.
civil, criminal, and administrative.
4. Supreme Court Decisions - jurisprudence form part of the judicial Why is attorney of record important? This is because if your name
system of the Philippines appears in the records of the case will show that you are the counsel of
5. Treatises and Publications the defendant. All notices issued by the court will be sent to your address.
Notification to the counsel is equivalent to notification to the client.
If youre a Senator or member of the House, can you constitute the
practice of law? Yes, they can practice but with restrictions. They cannot Who is a lead counsel? He is charged with the principal management and
personally appear before the courts. Once they personally appear, it is direction of the case. The other lawyers are considered the assisting or
considered unconstitutional and unethical. collaborating counsel.
PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE Who is a house counsel? Also known as the in house counsel/corporate
PHILIPPINES lawyer. Acts as attorney for business though carried as an employee of
1. Judges and other officials or employees of the superior court that business and not as an independent lawyer.
1. Officials and employees of the Office of the Solicitor General.
1. Government prosecutors How is an in house counsel different from an external counsel? An
1. President, VP, Members of the Cabinet, their deputies, and external counsel is retained by the company and may take charge of
assistants specific or particular legal matters. The external counsel is not an
1. Members of the Constitutional Commissions employee of the company but rather somebody hired on a retainer basis
1. Members of the Judicial Bar Council by the company. The in house counsel on the other hand is carried as an
1. Ombudsman and his deputies employee of a said business.
1. All governors, city and municipal mayors
Can an in house counsel practice law on his own? It depends. If the
If lawyers act as executor and administrator, can they charge for legal employer allows it, then he can. It depends on the arrangement between
fees? No. This is because the relationship established in this case is the employee-lawyer and the employer.
based on trust and confidence. If they charge fees, it may lead to a very
tempting situation to the lawyer executor. The lawyer should put his Amicus Curiae friends of the court. You can be an amicus curiae by
interest over and above the estate. invitation from the court or you can file a petition to become one especially
when you have strong interest with regards to a certain case.
The attorney-client privilege. Any communication given by the client to
his lawyer cannot be disclosed by the lawyer even if compelled by the Amicus Curiae Par Excellence Bar associations who appear as friends
court. If the lawyer discloses the information, it is considered an unethical of the Court.
breach. The lawyer can be penalized.
Barrister somebody who has taken or is about to take the Bar exam. In
Bar Exam - assess entry level skills in order to practice law; determines England, a barrister is a lawyer granted exclusive audience before the
ones legal knowledge Supreme Court.
Criticisms:
1. Theres no scientific basis. Solicitor - a government lawyer associated with the Office of the Solicitor
1. Luck might get into the picture. General (OSG). In England, a solicitor is a person defending suits in
1. High cost of the Bar exams. Courts of Chancery. (Courts of Chancery - court which administers equity
and proceeding according to the forms and principles of equity)
Requisites to the Practice of Law (Villanueva case): prior to the case of
Cayetano vs. Monsod What does the OSG do? The OSG represents the government in any
1. Habituality litigation or any proceeding that involves the government. OSG lawyers
1. Compensation represent the government.
1. Application of the law or legal knowledge/training
1. Existence of an attorney-client relationship

Cayetano vs. Monsod - explains the modern definition of the practice of

law. BASIC REQUIREMENTS FOR BAR ADMISSION
Practice of law - not limited to the conduct of cases in court. It 1. Citizen of the Philippines
means any activity, in or out of court, which requires the application of law, 1. At least 21 years old
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 LEGAL ETHICS
Stephanie Rose B. Senires
1. A resident of the Philippines
CPR
- has 4 major parts:
1. Lawyer and society
2. Lawyer and legal profession
3. Lawyer and the courts
4. Lawyer and the client
THE LAWYER AND SOCIETY
Canon 1
- lawyers should be law abiders and not law violators
- nonpayment of IBP dues will subject the offender to administrative
liability.
Justified vs. unjustified litigation
- lawyers files cases when they are justifiable
- unjustified: if it is not based on facts, no basis from the law; intended to
harass or to injure other persons
Canon 1.03
Barratry - offense of frequently exciting and stirring up quarrels and suits
either at law or other wise. The act of instigating suits causing people to
file actions before the courts.
Ambulance chasing - more of a figurative chase; when one purposely
looks for or purposely seeks victims of personal injury cases and convince
these victims to file a case and offer your services to them as your lawyer.
An ambulance chaser is somebody who frequents hospitals and morgues.
Is ambulance chasing the same with barratry? No. Barratry can refer to
any action. Ambulance chasing is limited to personal injury actions.
Is barratry unethical? Yes. Lawyers owe it to society to not unduly clog the
court dockets. If an amicable settlement is possible, then avail of the
amicable settlement. Litigation could mean more expenses not just
monetary but it could waste the time, resources not just of the court but of
the parties involved as well.
Is ambulance chasing ethical? No. It will unduly clog the court dockets. It
instigates litigation before the courts. It provides lawyers the opportunity to
abuse a very meritorious case of a person.
Canon 2
Who are the defenseless? A person can be defenseless due to poverty,
disability, or illness.
If a lawyer has a valid reason to decline engagement, then it is allowed.
If you labor under a conflict of interest, then a lawyer may decline
engagement.
Rule 2.02
If you have a panicky person standing in front of you, you may give
immediate legal advice. To safeguard his right, you have given him
something even if you have declined the engagement.
Rule 2.04
How do you know the prescribed rate? In the IBP Chapters, there is a
schedule of fees or rates
Lawyering is not a money making trade. It is service to the public.
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If the circumstances so warrant for you to lower your legal fees, then you
may do so.
Canon 3
Can lawyers advertise? Generally, they are not permitted to advertise
because the lawyers profession is not a business.
What are permitted?
Ordinary calling cards
Law lists
Directory
Legal articles but dont talk about a specific legal problem of a person.
Simple announcements that you have opened a law office
Solicitation of cases is unethical either personally by the lawyer or through
agents or brokers.
If the partner becomes a public officer, it doesnt necessarily you must
drop his name from the name of the firm. If the law allows the person to
practice law, then so be it. If not, his name must be removed.
It is permissible to retain the name of a dead partner as long as you
communicate that, that partner is already dead.
Can corporations practice law? No.
Canon 4 - Improve legal system
Canon 5 - Continued legal education
MCLE - Every 3 years a lawyer must comply with 36 units. This is
mandatory.
Exempted from taking MCLE: (take note)
1. President, VP
2. Judges, justices
3. Senators, members of the House
4. OSG
5. Ombudsman
6. Law professors
7. Those not in law practice whether in private or public
8. Those that are retired
Canon 6
Are lawyers in the government service not covered by the CPR? No. The
CPR also covers lawyers in the government service. They are even
subjected to more regulations other than the CPR.
Are government lawyers allowed to engage in private practice? It depends
on the pertinent law. If allowed by the Constitution, then he is allowed. He
must to see to it that his private practice will not interfere with public
duties. He should not use his public duties to advance his interest as a
lawyer.
THE LAWYER AND THE LEGAL PROFESSION
A lawyer has the duty to uphold the integrity of the legal profession.
He must be respectful to his fellow lawyers.
A lawyer should not engage nor permit in the unauthorized practice of law.
A lawyer should not encroach upon the employment of the other lawyers.
A lawyer should support the Integrated Bar.
Canon 7
Misrepresentation -
Concealment - failure to disclose the real facts
 LEGAL ETHICS
Stephanie Rose B. Senires
Misrepresentation and concealment are not the same.
If what was concealed is a crime not involving moral turpitude, what is the
effect? The mere fact that you have concealed is an indication of absence
of good moral character.
The lawyer owes it to the legal profession to safeguard the legal
profession
Good moral character refers to the acts of a person whether public or
private.
11.28.2009
What does the IBP do?
Among others, it assists the SC in disbarment cases against lawyers.
It has many public services - legal aid clinics, legal service to the under
privileged, sponsored radio programs.
They conduct MCLEs for the lawyers.
Who or what is the most logical source for the IBP?
The lawyers.
In Re Edillion - Every lawyer must abide the regulatory power of the SC.
One such rule is integration of the Bar.
Is it a violation of his right of freedom of association?
Canon 8
Rule 8.01
Lawyers should use respectful and dignified language. This requirement is
not only applicable to oral arguments. It is also applicable to pleadings.
Rule 8.02
Do not steal clients. This is one form of respecting the employment of
other lawyers. It is unethical to do so.
Initiative should come from the clients not from the lawyer.
Canon 9
Rule 9.01
Unqualified persons those not authorized to practice law; non-lawyers,
suspended lawyers, disbarred lawyer
A lawyer can delegate to another lawyer but there must be consent from
the client. The attorney-client relationship is a very personal relationship
and the client might not want to have his case handled by somebody else.
Rule 9.02
Lawyers cannot divide their legal fees with unauthorized persons. This is
because unauthorized persons are prohibited from practicing law and if
theres an arrangement that they get a lawyers fees, it could lead to
arrangements that those non-lawyers will need to contribute to legal work;
to avoid confusion on the part of the client on who to consult; those non-
lawyers are not under the supervision of the SC, thus the SC cannot
protect the public from these people.
Exceptions:
1. There should be a pre-existing agreement with a partner that upon
the latters death, money shall be paid to his estate or persons specified in
the agreement.
1. When a lawyer undertakes to complete legal business of a
deceased lawyer.
1. Where a lawyer or firm includes non-lawyer employees in a
retirement plan even if the plan is based in whole or in part on a profit
sharing agreement.
THE LAWYER AND THE COURTS
The lawyers first duty is to the courts because they are officers to the
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courts.
They should at all times assist in the administration of justice. The
interests of the lawyer or his clients are only secondary.
Canon 10
Canon 10.1
If there is no evidence as to who falsified the document, it is presumed
that the one who used the falsified document is the one who did it.
Canon 10.2
Lawyer should not create their own rules.
Decisions should be cited verbatim.
Canon 10.3
Eternal Gardens - case was delayed for 17 years and the land that was in
question has now turned into a cemetery. The spouses were able to
retrieve the land but there was a clear miscarriage of justice.
Canon 11 - Respect.
Respect shouldnt be limited to judges and justices but also to court
employees and personnel.
In Re Almacen - Almacen filed a petition to surrender his certificate title as
a lawyer on the ground of because he has lost his confidence and trust in
the Judiciary. He lost his case and became final and executory because of
Alamcens own fault. Almacen alleged that the courts are callous to his
pleads of justice. Almacen was suspended indefinitely.
Canon 11.1
Proper attire (women) Business or corporate attire
Proper attire (men) Barong or suit. Barong should not be short sleeves.
Canon 11.2
Dont be late.
Being late can have adverse effects in your case.
Be particular with the time in the particular sala.
Be aware of the time zones in the court.
Canon 11.3
Canon 11.4
If you attribute to the judge any motive, it should be supported by
evidence and should be material to the case.
Canon 11.5
Proper authorities - the SC
Canon 12
Canon 12.1
Canon 12.2
Is forum shopping allowed? No. Forum shopping occurs when cases are
filed in different courts and that these cases have the same facts and
cause with anticipation that one of the courts will render a
positive/adverse judgment. It is unethical because it floods the court
dockets.
Canon 12.3
Canon 12.4
Canon 12.5
To prevent the lawyer from coaching the witness.
Canon 12.6
Canon 12.7 - Rights of a witness
Canon 12.8
 LEGAL ETHICS
Stephanie Rose B. Senires
Reason: There is difficulty in reconciling the role of the lawyer and the role Canon 16
of the witness. 2 Dual roles of the lawyer to his client
1. Fiduciary or trustee - utmost good faith and fidelity is required;
01.09.2010 strict compliance with canons 14-22
1. Agent - appear in court in behalf of the client, bind the client in all
Canon 13.1 matters of ordinary judicial procedure; more than an ordinary agent
Do not seek any inappropriate familiarity with judges. (Regala vs. Sandiganbayan); lawyer is foremost an officer of the court

Canon 13.2 - Trial by publicity Lawyers breach of clients trust

Judge is now allowing himself to be influenced by overwhelming public Illustrative cases:
opinion. 1. Misappropriation by lawyer of rentals (Licuanan vs. Melo)
Prohibits lawyers by causing trial by publicity. 1. Securing money from client for fictuitous supersedeas bond, and
There is nothing we can do about the media but there is something we appropriating the same. (Docena vs. Limon)
can do about what lawyers do. 1. Misappropriating money given by client to be used for amicable
settlement. (Navarro vs. Meneses III)
Canon 14

Canon 14.1 Canon 16.1

Lawyers can choose their cases however what is unethical is when Reason: Because the money is not the lawyers. The property is not his
lawyers decline cases on the sole reason of race, sex. creed or status of but that of his client.
life, or because of his own opinion regarding the guilt of said person.
Only utilize what is allowed by the law. Canon 16.2
Keep the funds of the client separate. There should not be any co-
Canon 14.2 mingling of funds.
If you have no valid reasons, dont refuse. Reasons: To prevent confusion, to avoid the appearance of impropriety, to
Can the accused refuse a counsel de officio appointed to him by the prevent temptation on the part of the lawyer to convert funds.
court? Yes. If the accused manifests that he wants to hire his own lawyer,
then the Court must give him reasonable time to hire his own lawyer. Unlawful retention of the clients funds
However, if it becomes apparent that the accused is using this to delay Violation of Canon 16
the proceedings against him. Constitutes contempt of court: officer of the court who has
misbehaved in his official transactions
Canon 14.3 Criminal and civil prosecution

Canon 15 Canon 16.3

2 kinds of attorneys liens:
Canon 15.1 1. Retaining, general, possessory lien: right of the lawyer to lawfully
What is a conflict of interest? If a lawyer has to argue a claim on one withhold his clients properties (funds or documents) that lawfully come
hand, and also would have to argue the defense against the claim on the into his possession, until payment of his attorneys fees
other, then there is conflict of interest.
1. Charging, special, particular, non-possessory lien: right of the
Aside from being administratively liable, lawyers can also be criminally
attorney to request the court to annotate his claim for attorneys fees in
liable.
whatever recoveries made by the client from the losing adversary
Canon 15.2 - Privilege communication
Basis of the retaining lien
Attorney - client privilege lawyers should keep sacred the confidences
An attorney shall have a lienSec. 37, Rule 138 ROC)
of his client. Whatever information the lawyer has learned in the course of
Upon the funds, documents, and papers of his client
his professional employment should be kept from his client. This is
Which have lawfully come into his possession
founded in the Rules of Court. (Sec 24b Rule 130)
And may retain the same until his lawful fees and disbursement
Sec 24b, Rule 130 An attorney cannot without the consent of his client
have been paid
be examined as to any communication made by the client to him or his
And may apply such funds to the satisfaction thereof.
advice given therein in the course of with the view of professional
employment.
Limitations on exercise of retaining lien:
1. Funds, documents, and papers only
REQUISITES BEFORE THE ATTY-CLIENT PRIVILEGE SETS IN:
1. There should be an attorney-client relationship. A mere 1. Thing retained should have lawfully come into the possession of
consultancy relationship is enough. the lawyer under circumstances consistent with the enforcement of a lien
for services. Thus, retaining lien does not apply to funds coming into the
1. The communication is made in the course of the lawyers
lawyers possession in trust.
professional employment.
1. A lawyer cannot retain files the client needs to pursue his case
1. Communication is intended to be confidential.
1. For lawful fees and disbursements only
Are pleadings confidential? They are confidential until filed in court.
Basis of Charging Lien (Sec. 37, Rule 138 ROC)
A lawyer shall have a lien:
Canon 15.3
Upon all judgments for the payment of money and executions
If all parties agree and give consent, the lawyer may present the
issued pursuance thereof
conflicting parties.
Which he has secured in a litigation for his client
From and after the time when he shall have caused a statement of
Canon 15.4
his claim of such lien to be entered upon the records of the court
rendering such judgment, or issuing such execution
Canon 15.5
Shall have caused written notice thereof to be delivered to his client
Another instance of honesty to the client.
and to the adverse party

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 LEGAL ETHICS
Stephanie Rose B. Senires
Is charging lien the same as charging fee? Yes. 1. Disciplinary action against lawyer
1. Malpractice suit for damages
Limitations on exercise of charging lien: 1. A criminal conviction may be set aside
1. Applies only to the specific action in which the charging lien is 1. A retrial may be had in civil cases
recorded
1. Applies only to favorable money judgments In criminal cases:
Criminal conviction may be set aside if the errors of the defense
counsel were so shocking that they deprived the accused of the
RETAINING LIEN CHARGING LIEN constitutional right to effective counsel. (McMann vs. Richardson)
Nature Passive active In civil cases:
General specific Retrial may be conducted
Courts are slow in setting aside judgments in civil cases.
Basis Lawful possession of Securing favorable
papers, documents and money judgment for Diligence required of counsel: ordinary care and diligence a lawyer is
funds belonging to client the client not ensured with the results of a case.

Coverage Only documents, papers,
and funds in the lawful
possession of the lawyer
by treason of his
professional employment
Efefctivity As soon as lawyer takes
possession
Notice Client need not be
notified
Covers all judgments Is the client bound by the negligence of his counsel?
for the payment of GR: Yes. Any act of the lawyer within the scope of his general or implied
money and authority is considered an act of the client.
executions pursuant Exception: When the application of the GR would result to serious
thereto injustice or outright deprivation of the clients life, liberty, or property,
without due process of law.
As soon as claim is Canon 18.4
entered into the It is also the duty of a client-litigant to be in contact with his counsel from
records of the case or time to time in order to be informed of the progress of his case.
annotated No prudent party will leave the fate of his case entirely to his lawyer.
Client an adverse Litigants should give necessary assistance to their counsel for what is at
party must be notified stake is their interest in the case.

Applicability May be exercised before Exercised only when

judgment ore execution lawyer has already
or regardless thereof secured a favorable
money judgment

Canon 16.4
Should lawyers borrow money from their clients? No, because there is
moral ascendancy of the lawyer with regards to his relationship with his
client.
Ex. If youre the lawyer of BPI, can you borrow money from BPI? Yes. It
falls under the exception.
Can a lawyer lend money to your client? As a general rule, no. There is
moral ascendancy. However there is an exception such as when in the
interest of justice, the client has to advance necessary expenses in a legal
matter he is handling for the client.

Business transactions with clients:

Lawyer is not barred from dealing with his client but the business
transaction must be characterized with utmost honesty.

Canon 17

Canon 18

Canon 18.1
Lawyers are not required to be skilled and competent.
If so, he shall not undertake any legal service if not qualified to do so.
However if he undertakes legal service, he must take a collaborative
counsel with knowledge of the matter.
This needs to be done with clients consent.

Canon 18.2

Canon 18.3
Effects of negligence and incompetence of lawyer:
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