Beruflich Dokumente
Kultur Dokumente
De La Salle University
College of Law
Reviewer in
Legal Ethics
Source Book:
Legal and Judicial Ethics
Dennis B. Funa
Alpha Ampong
Oily Haulo
Danilo Rico II
Code of Professional Responsibility Duty to Act with Honesty, Morality and Lawful
Conduct - Any of the three would be sufficient ground
Legal Ethics – That branch of moral science which to file disciplinary proceedings against a lawyer. The
treats of the duties that an attorney owes to the dishonesty, gross immorality and violation of a law
court, to his clients, to his colleagues in the profession need not to be committed in relation to his
and to the public. (Justice Malcolm) professional duties; the lawyer may be sanctioned for
acts committed in his private affairs.
June 21, 1988 - Date of promulgation and adoption
of CPR. Moral Turpitude defined:
- “as everything which is done contrary to justice,
SOURCES OF CPR: modesty or good morals.”
1. Canons of Professional Ethics (CPE) was first
adopted prior to CPR but still it continues to be Exceptions:
the SOURCE OF KNOWLEDGE and understanding Conviction for illegal recruitment and attempt
of legal ethics. to evade the payment of taxes due to the
2. Supreme Court decisions on the discipline of government while wrong and unlawful, does
lawyers form the basis of legal ethics. not involve moral turpitude.
Engaging in premarital sexual relations with
FOUR DUTIES OF A LAWYER: complainant and promises to marry suggests a
1. The lawyer and the client. doubtful moral character on his part but the
2. The lawyer and the courts. same does not constitute grossly immoral
3. The lawyer and legal profession. conduct. (sayanaman! ayos!)
4. The lawyer and society.
Grossly Immoral conduct defined:
CANON 1 - A LAWYER SHALL: - “it is so corrupt as to constitute criminal act or so
- UPHOLD THE CONSTITUTION, unprincipled as to be reprehensible to a high
- OBEY THE LAWS OF THE LAND AND degree or committed under such scandalous or
- PROMOTE RESPECT FOR LAW AND FOR revolting circumstances as to shock the common
LEGAL PROCESSES. sense of decency.”
The Duty of honest and dignified pronouncement of 1. Generally, the law firm name is derived from the
legal services: surnames of the founding members of the law
The embellishment and exaggeration of firm.
credentials is not only frowned upon. It is 2. Usually, firm names “identify the more active
sanctionable because there is a certain degree of and/or more senior members or partners in the
dignity that must be maintained. law firm.”
3. Art. 1825 of the Civil Code prohibits third person
Rule 3.01 - A lawyer shall not use or permit the use from including his name in the firm name under
of any false, fraudulent, misleading, deceptive, pain of assuming the liability of a partner.
undignified, self-laudatory or unfair statement or 4. A lawyer is not authorized to use a name other
claim regarding his qualifications or legal services. than the name inscribed in the Roll of Attorneys in
his practice of law.
Duty Not to use Fraudulent or misleading 5. Lawyers cannot practice under a foreign law firm
pronouncement of qualifications: name bec. the foreign law firm is not authorized to
All communications regarding the lawyer must practice law in the Philippines and to avoid
contain information that is necessary for the client to confusion on part of future clients.
be informed about the professional competence of a
lawyer. This info. would include: Use of a deceased partner’s name:
1. Office information – law firm name, and - It is permissible provided that “the firm indicates
contact numbers. in all its communications that said partner is
2. Relevant biographical information deceased.”
3. Description of the practice but only Reason why it is permitted: An able lawyer without
designations and definitions authorized by connections will have to make name for himself
the agency. starting from scratch. Another able lawyer who can
4. Permitted fee information. join an old firm, can initially ride on the old firm’s
reputation established by the deceased partner.
Some self- laudation must be limited and others
prohibited: Continued use of Retired partner’s name:
A retired partner can be in a “of counsel”
status and retain his name in the firm name esp. if the
Information on scholastic honors, or election in
public office may be disseminated. firm name has been long- established and well-
recognized and communications about the lawyer’s
the lawyer may not announce the successful
status clearly indicate that he is retired.
results he has obtained on behalf of his clients
or the lawyer’s record in obtaining favorable
judgments for the reason that past performance
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Use or Assumed Trade Name is not allowed: public officer is prohibited to engage in the private
A partnership for the practice of law is not a practice of their profession unless authorized by
legal entity. It is a mere relationship or association for the Constitution or law provided that such practice
a particular purpose. It is not a partnership formed for will not conflict or tend to conflict with their official
the purpose of carrying on a trade or business or of functions.
holding property.”
Member of congress who are lawyers may practice
Application of the word “associates” in the firm law provided they may not “personally appear” as a
name: counsel before any court of justice, or before
Associates describe those who are employees of electoral tribunals, or quasi- judicial and other
the firm. It can be misleading in two situations: 1. administrative bodies. Hence, they may retain their
Where two lawyers are partners and they share both names in the law firm names. The same also
responsibility and liability; and 2. Where two lawyers applies to Members of the Sangguniang who are
practice separately sharing no responsibility and lawyers.
liability.
Rule 3.04 - A lawyer shall not pay or give anything of
Firm Name for Solo Practitioners: value to representatives of the mass media in
A solo practitioner may not use a firm name anticipation of, or in return for, publicity to attract
which is misleading such as: use of associates or legal business.
affiliates, or designate himself as senior atty. Where
he is the only atty. in the law firm. Payment to media for publicity is a callous
BUT he may use the term “Law Firm”, which may contempt to commercialize the legal profession
consists of many lawyers or only a single practitioner. bec. it attracts legal business for legal profession is
a public service profession.
Use of the Term “Of Counsel”: However, the lawyer is not mandated to decline
- A counsel assists in certain specialized services genuine media attention to his advocacies which
rendered by the law firm. The relationship of a have generated public interest or the participation
counsel with the law firm must be close, personal of the media is indispensible such as advocacy to
and regular with frequent and continuing contact, expose corruption in the gov’t.
and not that of partner, shareholder, or associate.
Rule 3.03 - Where a partner accepts public office, he CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
shall withdrawal from the firm and his name shall be DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING
dropped from the firm name unless the law allows OR SUPPORTING EFFORTS IN LAW REFORM AND IN
him to practice law currently. THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE.
Public officials that are prohibited to engage in the
practice of law:
1. Judges and other officials or employees of
Duty to Support the Improvement of the Legal
the superior court;
System
2. Officials and employees of the Solicitor
Lawyers should participate in proposing and
general.
supporting legislation and program to improve the
3. Gov’t prosecutors;
legal system, without regard to the general interests
4. President, Vide- President, Members of the
or desires of clients or former clients. He should
Cabinet, their deputies and assistants;
encourage the simplification old laws and the repeal
5. Members of the Constitutional Commissions
or amendment of laws that are outmoded.
6. Ombudsman and his deputies;
7. All governors, city and municipal mayors;
Duty of Lawyers to assist the judicial and Bar Council
8. Prohibited by special law.
(JBC)
- A lawyer may with propriety endorse a candidate
Exceptions:
for a judicial office and seek like endorsement from
Under Sec. 7 of RA 6713/Code of Conduct of Ethical
other lawyers.
Standards for Public officials and Employees, a
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- But a lawyer who endorses a judicial candidate or 2. Talks and writing by lawyers for laypersons
seeks that endorsement from other lawyers should should caution them not to tempt to solve
be actuated by a sincere belief in the superior individual problems upon the basis of the
qualifications of the candidate for judicial service information contained
and not by personal or selfish motive.
- A lawyer believes that the candidate lacks the Relation to Canon 40 of the Canons of Professional
essential qualifications for the office or believes Ethics
that the opposing candidate is better qualified, A lawyer may write articles for publications in
should have the courage and moral stamina to which he gives information upon the law
refuse the request for endorsement. He could not accept employment from such
publication to advice inquiries in respect to their
individual rights.
CANON 5 - A LAWYER SHALL
a. KEEP ABREAST OF LEGAL DEVELOPMENTS, Genesis of the MCLE
b. PARTICIPATE IN CONTINUING LEGAL August 22, 2000, the Supreme Court adopted Bar
EDUCATION PROGRAMS, Matter No. 805.
c. SUPPORT EFFORTS TO ACHIEVE HIGH On December 01, 2001, the Supreme Court
STANDARDS IN LAW SCHOOLS AS WELL AS approved the MCLE implementing regulations which
IN THE PRACTICAL TRAINING OF LAW paved the way for the full implementation.
STUDENTS AND
d. ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE. Bar Matter 850: Mandatory Continuing Legal
Education(See Appendix 6)
Duty to Keep Abreast of Legal Developments Purpose: To ensure that throughout their career, they
A lawyer must not only be guided by the strict keep abreast with law and jurisprudence, maintain
standards imposed by the lawyer’s oath, but should the ethics of the profession and enhance the
likewise espouse legally sound arguments for clients. standards of law practice.
Exception: If his governmental infraction also Rule 6.02 - A lawyer in the government service shall
constitutes a violation of his oath as a member of the not use his public position to promote or advance his
bar. private interests, nor allow the latter to interfere
with his public duties.
Higher standard of integrity is required from
government lawyers than private practitioners Duty to separate Public Duties from Private Interests
This is expected because delinquency of a - A public office is a public trust.
government lawyer erodes the people’s trust and - The prohibitions are those which may be found
confidence in the government under the Anti-Graft and Corrupt Practices Act
When a public officer is sanctionable as a public The “revolving door” between government service
officer and when as a lawyer and private practice
1. Violations of RA 6713 ("Code of Conduct and The practice of some lawyers in using
Ethical Standards for Public Officials and Employees.") government service as a mere “stepping stone” to
are not subject to disciplinary action under the Code jobs outside government service may cause some
of Professional Responsibility unless the violations prejudice to the government service as a whole
also constitutes infractions of specific provisions of
the Code of Professional Responsibility Rule 6.03 - A lawyer shall not, after leaving
2. A disbarment case may be filed following a government service, accept engagement or
finding of guilt in an administrative investigation by employment in connection with any matter in which
the proper government authority. he had intervened while in said service.
3. A disbarment case may be filed against a Register
of Deeds who was dismissed by the President of the Duty to Avoid Conflict of Interest After Leaving the
Philippines for the illegal issuance of TCTs. government service
The word “intervene” is limited to mean only an
Rule 6.01 - The primary duty of a lawyer engaged in act of a person who has the power to influence the
public prosecution is not to convict but to see that subject proceedings and which act should not be
justice is done. The suppression of facts or the insubstantial and insignificant.
concealment of witnesses capable of establishing Section 7(b) of RA 6713 prohibits certain
the innocence of the accused is highly reprehensible transactions and interests during the incumbency of
and is cause for disciplinary action. the public official and for a period of one year after
his resignation, retirement or separation from the
Duty of a Public Prosecutor to see that Justice is public office.
Done
The public prosecutor does not side with either Example of Violation of Rule 6.03
party but instead should be guided by what evidence 1. An assistant Vice President of a government-
is presented by the contending parties. owned and controlled bank who had intervened in
He should not institute criminal charges when he the handling of a loan account by writing demand
knows that the charges are not supported by letters to the borrower, subsequently, represent the
probable cause. borrower in a civil action between the government
He should also make known any evidence that bank and the borrower as a result of the same loan
tends to negate the guilt of the accused, mitigate the account.
degree of the offense, or reduce the punishment.
Relation to Canon 36 of the Canons of Professional
Imbler vs. Pachtman Ethics
- The prosecutor is the representative not of an A lawyer should not accept employment as an
ordinary party to a controversy, but of a sovereignty advocate in any matter upon the merits which he has
whose obligation to govern impartially is as previously acted in a judicial capacity.
compelling as its obligation to govern at all
- He is a peculiar and very definite sense the
servant of the law, the two-fold aim of which is that
guilt shall not escape or innocence suffer
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Membership in voluntary bar associations: Rule 7.03 - A lawyer shall not engage in conduct that
Lawyers are free to join or establish other voluntary adversely reflects on his fitness to practice law, nor
lawyers’ organizations. Lawyers’ organizations may be shall he whether in public or private life, behave in a
set-up for specialized practice of law such as scandalous manner to the discredit of the legal
Intellectual Property Association of the Philippines profession.
All voluntary Bar associations now existing or
which may hereafter be formed Duty to be Professional and Dignified
- may co-exist with the Integrated Bar Directs all lawyers must behave in a professional
- but shall not operate at cross-purposes therewith and dignified manner before the general public.
- nor against any policy, act, resolution or decision “Becoming modesty” is a desirable trait for practicing
thereof. lawyers.
Rule 7.01 - A lawyer shall be answerable for Examples of Violations of Rule 7.03
knowingly making a false statement or suppressing a 1. Vindictiveness is unprofessional and vengeance is
material fact in connection with his application for grave misconduct
admission to the bar. - The Act of filing multiple complaints against
another reflects in a lawyer’s fitness to a member of
Requirements for all applicants for admission to the the profession.
bar: - Respondent’s tenacity in pursuing several
Every applicant for admission as a member of the bar complaints against complainants is trying to exact
- must be a citizen of the Philippines, revenge
- at least twenty-one years of age, _______________________________________
- of good moral character, and
- resident of the Philippines; and Canon 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
- must produce before the Supreme Court COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
satisfactory evidence of good moral PROFESSIONAL COLLEAGUES, AND SHALL AVOID
character, and that HARASSING TACTICS AGAINST OPPOSING COUNSEL.
- no charges against him, involving moral
turpitude, have been filed or are pending in
any court in the Philippines. Duty of Professional Courtesy:
Lawyers are duty bound to uphold the
Additional requirements for other applicants: dignity of the legal profession. A lawyer must give
- studied law for four years, and respect to a fellow lawyer at the same way that he
- successfully completed all prescribed courses, in expects to be respected by others.
a law school or university, Advising a client to file disbarment case
- The affidavit of the candidate, accompanied by a against opposing client is not unethical where the
certificate from the university or school of law lawyer was compelled in good faith to do so, and it
- before he began the study of law, he had pursued was done with no improper motive, lawyer cannot be
pre- law and satisfactorily completed in an found guilty of “instigating” disbarment proceedings
authorized and recognized university or college, against a brother attorney.
- the completion of a four-year high school course,
Rule 8.01 A lawyer shall not, in his professional
Rule 7.02 - A lawyer shall not support the application dealings, use language which is abusive, offensive or
for admission to the bar of any person known by him otherwise improper.
to be unqualified in respect to character, education,
or other relevant attribute. Duty to be Professional in Language
This rule covers not only disrespectful
Duty to Support only those Qualified to be admitted language towards a fellow lawyer, but also covers
to the Bar such language towards a party ligitant. If the language
Just as the lawyer himself must be qualified with is towards the courts, Canon 11, Rule 11.03 will apply.
respect to his character, education and the other
requirements, the lawyer must expect every other
applicant to be equally qualified.
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Excessive language weakens rather than objective assessment of the client’s options and must
strengthens the persuasive force of legal reasoning. not denigrate the other lawyer’s professional
standing in order to obtain for himself the client’s
General Rule of Statements in judicial proceedings: account.
Statements made in the course of judicial
proceedings are absolutely privileged. Statements Entry of appearance of a second lawyer does not
made in pleadings, petitions, motions, are absolutely imply the removal of the first lawyer.
privileged regardless of the defamatory tenor and of
the presence of malice, provided that it is relevant to
subject of inquiry. So, if it’s not relevant, they may be CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
considered libelous. INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Offensive remarks in pleadings are not “privilege
communication.” This is the exception to the above-
stated general rule. This constitutes unprofessional Duty to a lawyer to shun unauthorized practice of
conduct that may subject the lawyer to disciplinary Law is founded on public interest and policy.
actions, even if the publication is privileged.
Purpose: to protect the public, the court, the client,
The rule of absolute privileged communication and the bar from incompetence or dishonesty of
absolves beforehand the lawyer from civil and those unlicensed to practice law and not subject to
criminal liability. But the lawyers nevertheless the disciplinary control of the Court.
remain subject to the disciplinary authority of the
Court. Effects of unauthorized practice of law: can bring
detriment, danger, and damage to private individuals
Offensive or improper utterances are not who should be receiving competent and learned legal
punishable when they’re made out of impulsiveness assistance from lawyers.
or the heat of the moment in the course of an
argument; lawyers should be allowed some latitude Practice of Law – refers to any activity, in or out of
of remark or comment in the furtherance of their the court which requires the application of law, legal
causes. procedure, knowledge, training and experience.
Sanctions for intemperate language: a lawyer - Practice of law is not a natural or constitutional
may be held liable for contempt or administratively right but a special privilege, highly personal and
disciplined. He may not be subject to a counterclaim partakes the nature of public trust.
in the case litigated for such language. - One who has passed the bar examinations but has
In case of contemptuous statements in private not yet taken his oath and signed the roll of
letters to judges and justices, privacy of attorneys is not yet authorized to practice law.
communications cannot be invoked. - Practice of law without authority may be punished
for indirect contempt.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of SHYSTER – In legal ethics, it is a non- lawyer
another lawyer, however, it is the right of any pretending to be a lawyer.
lawyer, without fear or favor, to give proper advice
and assistance to those seeking relief against Specialized practice of Law: a lawyer may prefer a
unfaithful or neglectful counsel. particular field of law as his interest as he has
developed mastery and expertise in that particular
Duty to Refrain from Professional Encroachment: field.
Professional courtesy extends to the respect A lawyer shall not permit his professional service or
for the lawyer-client relationship existing between his name to be used in aid or collaborate on cases
another lawyer and his clients. with a person, agency personal or corporate which
are not authorized to practice law.
Should the client manifest his dissatisfaction with
his present lawyer, the new lawyer must give only an
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Rule 9.01 - A lawyer shall not delegate to any Reasons for the need of a supervising lawyer for a
unqualified person the performance of any task practicing law student:
which by law may only be performed by a member
of the bar in good standing. 1. To ensure no miscarriage of justice.
2. Law school clinic may be able to protect itself
Lawyering is a profession: from any potential vicarious liability arising from
A lawyer shall not delegate or assign to an any culpable action of their law students.
unqualified person a lawyer’s delicate job because 3. To ensure consistency with the fundamental
not all persons are capable of doing a lawyer’s job in principle that no person is allowed to practice
every field of law. As a profession, lawyers can without a license.
demand payment for their services which have
certain standard of quality. SELF- REPRESENTATION (SEC. 34 RULE 128):
The individual litigant may personally do
The lawyer and the non-legal staff: everything in the course of proceedings from
The lawyer should give assistants commencement to the termination of the litigation.
appropriate instruction and supervision concerning
the ethical aspects of their employment, particularly Danger of self- representation: runs the risk of failing
regarding the obligation not to disclose information in the legal nuisances because of his ignorance of
relating to representation of their client, and should legal substance and procedures.
be responsible for their work product because non-
legal staff are not subjected to professional discipline. Self- representation cannot be availed in criminal
cases because the right to counsel cannot be waived
The Lawyer and the Law Student: even though he is the most intelligent man because
A law student can help the lawyer in the he does not know how to establish his innocence.
fields of lawyer’s work such as examination of a case
law and court records, interviewing witnesses, making - A party must choose between self-
collection of claims, delivering papers and other representation or being a member of the bar. During
similar matters. BUT the student is not permitted to the course of proceedings, a party should not be
perform the professional functions of a lawyer, such allowed to shift from one form of representation to
as conducting court trials, giving prof. advice to clients another in order to avoid confusion.
or drawing legal documents from them.
Private Practice- involves the exercise of a profession
A Law Student Practice Rule (Rule 138- A): or vocation usually for gain, mainly as attorney by
1. Conditions for student practice: acting in a representative capacity and as counsel by
th
He is on his 4 year in law school. rendering legal advice to others.
Enrolled in a recognized law school’s legal
education approved by the SC. Rule 9.02 - A lawyer shall not divide or stipulate to
2. Appearance: He shall be under the direct divide a fee for legal services with persons not
supervision and control of a member of the IBP licensed to practice law, except:
in all his appearance in court.
Exception: law student appears before an inferior (a) Where there is a pre-existing agreement with a
court as an agent or a friend of a party where partner or associate that, upon the latter's death,
issues and procedure are relatively simple even money shall be paid over a reasonable period of
without supervision of a lawyer. time to his estate or to persons specified in the
3. Privileged communications shall also apply to the agreement; or
student.
4. Law student shall comply with the standards of (b) Where a lawyer undertakes to complete
professional conduct governing members of the unfinished legal business of a deceased lawyer; or
Bar.
(c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing
agreement.
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Canon 34 of CPE: Rule 10.01: A lawyer shall not do any falsehood, nor
- Prohibits an agreement for the payment to the consent to the doing of any in Court; nor shall he
widow and heirs of a deceased lawyer of a percentage mislead, or allow the Court to be misled by any
of fees received from the future business of the artifice.
deceased lawyer’s clients.
- No division of fees for legal services is proper Duty of Fidelity to the Courts
except with another lawyer, based upon the division Just think Atty. Manuel “the awesome one” Zamora ;)
of service or responsibility. 1. Falsehood without intent, causing no material
damage, is sanctionable
2. Knowingly making false allegations in pleadings is
Canon 10 - A LAWYER OWES CANDOR, FAIRNESS direct contempt; and this is causing the client to
AND GOOD FAITH TO THE COURT perjure himself (subjecting him to criminal
prosecution for perjury)
3. It matters not whether or not the court was
misled by lawyer’s submission of false
allegations/documents, because there’s that
Duty of Candor to the Courts:
malicious intent already
While a lawyer owes fidelity to the cause of
his client, it should not be at the expense of truth and *No need to cite one too many illustrations here as
they’re all about doing falsehood to the courts. I’m
the administration of justice
sure you get it kids.
Duty to Obey Court Orders:
1. Lawyers should obey court orders and processes; Rule 10.02: A lawyer shall not knowingly misquote
or misrepresent the contents of a paper, the
wilful disregard of them can subject lawyers to
language or the argument of opposing counsel, or
punishment for contempt and disciplinary
the text of a decision or authority, or knowingly cite
sanctions
2. A lawyer has the graver responsibility (than any as law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which
other profession) to uphold the integrity of the
has not been proved.
courts and show respect to their processes
3. This duty exists no matter how minor the court
Duty to Give Accurate Quotations and Citations:
order may seem
The Golden Rule (on how to quote court
4. Failure to do so is only partially justified by his
decisions): court decisions must be reproduced,
attention to his sick relatives
5. Failure to receive court orders is not an excuse copied or quoted word-for-word and punctuation-
mark-for-punctuation mark
when there is negligence
6. On vague or erroneous court orders: Lawyer
should carry out the spirit and intent (and just Rationale of the rule: This is because accdg to Art 8,
openly defy the court order) CC, jurisprudence forms part of the law of the land,
thus they must be exactly quoted, otherwise they
might lose their proper and correct meaning, to the
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
detriment of other courts, lawyers, and the public Illustration of violation of the rule:
who may be misled.
a. Stating in a radio interview that a judge was
Reasoned interpretation of a court decision is ignorant of the law and he is studying mahjong
not deception, it would be mere argument fully rather than studying law.
within the bounds of earnest debate. b. Arguing in motion for reconsideration that the
lawyer who filed it was a big name “Claro M.
But presenting as a findings of fact, making Recto”.
them appear as if they’re facts recognized by the c. Pleadings that uses offensive and intemperate
court when in truth they were merely forwarded language as a means of harassing judges whose
versions constitutes misrepresentations. decisions unfavorable to them.
Where to File: where the charge for indirect of the contempt power may no longer be in the
contempt has been committed against a: preservative but already in the vindictive sense. If this
a. RTC/court of equivalent/higher Court should be happens, the contempt citation would be improper or
charged/filed with such court. that punishment should be revised.
b. If in lower court should be filed in RTC
Rule 11.04 - A lawyer shall not attribute to a Judge
Hearing: respondent may be released from custody motives not supported by the record or have no
upon filing of the bond. materiality to the case.
Rule 11.01 - A lawyer shall appear in court properly a. An allegation by a counsel that the proceedings
attired. before the trial court were “irregular” and that the
so called irregularities “show the accused control
Proper attire for: over the court and court procedure”.
Male - Barong Tagalog or suit with tie. b. Stating in pleading: “The Decision of the Court is
Female – appropriate business attire. like a brief for Ayala” and “The court jeopardized
But generally, the proper attire would be the its campaign against graft and corruption.”
contemporary business suit.
Rule 11.05 - A lawyer shall submit grievances against
- A lawyer not wearing proper attire in court may be a Judge to the proper authorities only.
held in contempt of court and ordered to leave the
court and return properly attired. Grievance Mechanism:
a. All grievances against judges must be presented
Rule 11.02 - A lawyer shall punctually appear at before the SC as the disciplining authority over all
court hearings. judges.
b. It must be shown beyond doubt that the
Punctuality is demanded by the respect which judgment is unjust as it is contrary to law or is not
a lawyer owes to the court, the opposing counsel and supported by evidence, and the same was made
to all the parties to the case. It is not an excuse that with conscious and deliberate intent to do an
his tardiness was caused by matters which could injustice.
reasonably be foreseen or anticipated such as
traffic/breakdown of his vehicle. Elements of inexcusable negligence in rendering an
unjust judgment:
Rule 11.03 - A lawyer shall abstain from scandalous, Judge failed to observe in his performance
offensive or menacing language or behavior before of his duty, that diligence, prudence, and care which
the Courts. the law is entitled to exact in the rendering of public
service.
Illustration of violation of the rule both written and
oral language: Jurisdiction of the Ombudsman over Judges:
a. Using the terms “abhorrent nullity”, “legal The Ombudsman is duty- bound to have all
Monstrosity”, “horrible error” cases against judges and court personnel filed before
b. Stating in his brief that “Judge Maliwanag is not it referred to the SC for determination of whether an
wearing his brief while in his chamber during administrative aspect is involved in accordance with
office hours.” Art. VIII Sec. 6 of Constitution. In the meantime that
the administrative matter is pending before the SC,
If the disagreement between the counsel and the the Ombudsman must defer action on the criminal
judge has degenerated into a personal clash, the use complaint against the judge or court personnel.
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Rule12.03 A lawyer shall not, after obtaining - this is because a lawyer owes a duty to the court
extensions of time to file pleadings, memoranda or to “assist the court in the expeditious
briefs, let the period lapse without submitting the consideration and disposal of pending cases”
same or offering an explanation for his failure to do
so. Technicalities should not be improperly used to
thwart substantial justice. Hence, a party should not
Duty to File Pleadings Seasonably: invoke defect of from where no prejudice to
1. The grant of extensions of time to file pleadings is substantial rights are involved
a mere liberality upon the granting authority, so
it must not be abused. A lawyer who files a Treble costs can be assessed against dilatory and
motion for extension does not do so as a matter frivolous appeals and tactics:
of right. It’s a mere plea. Frivolous / dilatory appeals: Where the rights
of a party have been made crystal clear by a lower
2. An extension of time for filing of briefs will not be court decision, it may also already be clear that any
allowed except for good and sufficient cause, and appeal from it is clearly groundless and that the
only if it’s filed before the expiration of the time appeal made is only for the purpose of delay. Such a
sought to be extended scheme is an attempt to defeat the administration of
3. Allowance or denial of the motion filed is justice
addressed to the sound discretion of the court
4. Explanation for failure to file pleading seasonably Illustration:
must be acceptable. 1. Repeatedly resorting to the remedy of certiorari
5. Lawyers should not presume that the extension is a dilatory tactic
that may be granted shall be counted from 2. Where a case has already attained finality before
notice. Thus, lawyers should not wait until their the SC and the case was remanded to the trial
motion for extension is acted upon. They should court, the losing party may not file a new action
file their pleadings within the period which they as a mere subterfuge to frustrate the execution
requested in their motion for extension. of the judgment.
Rule 12.06 - A lawyer shall not knowingly assist a Prohibition does not apply to a former counsel
witness to misrepresent himself or to impersonate This does not mean that a lawyer cannot testify
another. as witness. His remedy would be to withdraw
from active management of the case.
Duty not to Present a False Witness
Dealing with corrupt witnesses: when the
judge is convinced that the witness makes false CANON 13 - A LAWYER SHALL:
statements, he may immediately order that the - RELY UPON THE MERITS OF HIS CAUSE
witness be prosecuted for perjury. - AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS:
Rule 12.07 A lawyer shall not abuse, browbeat or - TO INFLUENCE,
harass a witness nor needlessly inconvenience him. - OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
Duty to Respect Witness:
Because a witness is not an antagonistic
party, so he/she should be respected and treated
Duty not to influence judges:
with politeness and courtesy
Any inappropriate ex parte communication
with the judge is disallowed. A lawyer should not
Rule 12.08 A lawyer shall avoid testifying in behalf of
communicate or argue privately with the judge as to
his client, except:
the merits of the pending cause and deserves rebuke
(a) on formal matters, such as the mailing,
and denunciation for any device of attempt to gain
authentication or custody of an instrument, and the
from judge special personal consideration favor.
like; or
(b) on substantial matters, in cases where his
Rule 13.01 - A lawyer shall not extend extraordinary
testimony is essential to the ends of justice, in which
attention or hospitality to, nor seek opportunity for
event he must, during his testimony, entrust the trial
cultivating familiarity with Judges.
of the case to another counsel.
Duty of non-fraternization with judges:
Duty not to be a Witness and Counsel at the Same
A lawyer’s treatment of judges must not be
Time:
with the end in view of cultivating closeness which
If a lawyer is both counsel and witness, he
can be converted later on to seek favors from the
becomes more easily impeachable for interest and
judge.
thus may be a less effective witness. The public will
Being a former law school classmate, being a
be inclined to believe that a lawyer’s testimony is
neighbor/fraternity brother, both lawyer and the
altered to serve the client’s interest. He is an
judge must be aware and conscious as to where such
ineffective position or arguing his own credibility. The
friendship must end.
roles of an advocate and a witness are inconsistent.
When it comes to matters pending in the
judicial docket, the lawyer and the judge must keep a
Rationale of the rule:
professional distance and affinity must be kept
1. It’s designed to protect the integrity of the
respectful.
advocate’s professional role by preserving the
distinction between advocacy, which is based on
Rule 13.02 - A lawyer shall not make public
reason and subject to objective evaluation, and
statements in the media regarding a pending case
testimony, which is based on the witness’ moral
tending to arouse public opinion for or against a
qualities and is evaluated in terms of individual
party.
credibility.
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
Duty not to resort to the Bar of Public Opinion not usurp the court’s role by prejudging the case or its
during the pendency of a case: legal issues.
However, it should be recognized that
certain statements may be generally permitted, such How does prejudice formed in violation of sub-
as a statement on the general nature of a claim or judice rule? If judges and witnesses are exposed to
defense in a pending case. the media materials that are not part of the evidence
presented or argued in the trial, judges and the
Illustration of violation of the rule: witnesses will be hindered from impartiality and
a. Publication in a newspaper with the title, “Senior objectivity which cause prejudice. Freedom of
prosecutor lambasts Surigao judge for allowing expression as well as freedom of the media to report
murder to bail out.” should be limited since these freedoms should not
take precedence over the proper administration of
Sub- Judice defined: justice.
- Refers to matters under or before a judge or
court; under judicial consideration. Ex. of violation of sub- judice rule:
- Part of the law relating to contempt to the a. public discussion of a prior criminal record
court. which is not relevant to the present charge
against him;
Basis/purpose of the Sub- Judice rule: b. on-screen admissions of guilt by the accused.
The courts must be allowed to deal with the
legal issues that are before it free from undue Open- Justice principle:
interference and influences by others making public Refers to the public right to scrutinize and
statements about how these issues should be dealt criticize courts and court proceedings.
with. It also protects the witnesses because public Purpose: to prevent idiosyncrasy or judicial
statements may change relevant facts of what he arbitrariness and maintain public confidence in the
witnessed. administration of justice. Also, it has been just as
fundamental to a democratic society of freedom of
How it is violated? speech.
It is violated by public statements that risk
prejudging matters or causing prejudice. It includes Post- litigation criticisms:
statements urging the court to reach a particular It is the duty of a lawyer to criticize and
result in a matter, comments of the strength or expose the shortcomings and indiscretions of courts
weakness of a party’s case or particular issue, or and judges by criticizing concluded litigations
comments on witnesses or evidence in the case. because then the court’s actuations are thrown open
to public consumption and discussion.
Application:
It applies where court proceedings are Illustrations of disrespectful post- litigation
ongoing, and through all stages of appeal until the criticisms:
matter is completed. It also applies where the court a. A lawyer describing a ruling as a “absolutely
proceedings are merely imminent. erroneous and constituting an outrage to the
The rule applies to lawyers, as well as to the rights of the petitioner Mickey Celles and a
public and public officials including legislators. mockery to popular will.”
b. A lawyer stating through a local newspaper,
Penalty: “the only remedy to put an end to so much
Making public statements in the media evil, is to change the members of the SC.”
regarding a pending case which tends to arouse
public opinion for or against a party may also Rule 13.03 - A lawyer shall not brook or invite
constitute indirect contempt under Sec. 3 (c-d) Rule interference by another branch or agency of the
71 of the Rules of Court. government in the normal course of judicial
proceedings.
Exception to the rule: fair and accurate reporting is
allowed of the factual content of ongoing judicial
proceedings by the media, as long as the report does
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
Rule 14.01 – A lawyer shall not decline to represent A CDO gets paid but NOT by indigent client; he
a person solely on account of the latter's race, sex. may get compensation from the Court subject to
creed or status of life, or because of his own opinion availability of funds. (Rules of Court, Sec 32, Rule 138)
regarding the guilt of said person.
A CDO is not exempt from any liability in case he
Rule 14.02 – A lawyer shall not decline, except for messes. He’s equally liable as any paid lawyer.
serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request Distinguish Counsel de oficio (CDO) from Counsel de
from the Integrated Bar of the Philippines or any of parte (CDP):
its chapters for rendition of free legal aid. CDO is a court appointed lawyer;
CDP is the lawyer of the party’s own choice
Counsel de Oficio(CDO): A lawyer appointed by the
Court to counsel an accused. One can be a CDO if he’s The right to secure CDP’s services is not absolute:
a member of the bar in good standing who can (It’s actually more like a privilege than a right... but
competently defend the accused. whichever, it’s not absolute).
Reason: The Court should balance the privilege to
In localities where no bar member is available: Court retain a counsel of choice against the state and
may appoint any person, resident of the province and offended party’s equally important right to speedy
of good repute for ability to defend the accused. and adequate justice (so it’s party’s privilege vs.
State’s right).
General rule: A lawyer can’t decline being appointed
as CDO. The Court can restrict the accused’s option to retain
Exception: a serious and sufficient cause, like the 1) a CDP under the ff. circumstances:
lawyer cannot competently handle the case or 2) - When an accused insists on an atty he can’t
there’s conflict of interest. afford;
- When he chooses someone who’s not a member
Court’s duty to appoint a CDO is NOT mandatory of the bar
when: the accused has proceeded with the - When the personally chosen lawyer declines (for
arraignment and the trial with a his chosen counsel a valid reason) ...and similar others...
(CDP), but during presentation of evidence, he
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
whether the relationship with the client The alternative can be that each party may have to
terminated 8yrs before the creation of new client obtain separate representation, with the
that has adverse of interest with the first client, possibility in some situations of incurring
there still has conflict of interest. additional cost, complication or even litigation.
5. Termination of previous engagement is not a The lawyer then, acts as intermediary. Forms of
ground to disregard the prohibition on conflict of intermediation vary from arbitration to mediation
interest because the client’s confidence once where each client’s case presented by the
reposed cannot be divested by the expiration of respective client and the lawyer decides the
the professional employment. outcome, then to common representation.
6. The absence of any other lawyer in town is not an
excuse to accept cases that has conflict of Rule 15.05 - A lawyer when advising his client, shall
interest. give a candid and honest opinion on the merits and
7. Conflict of interests is not limited to litigation probable results of the client's case, neither
cases but can also rise from financial dealings. overstating nor understating the prospects of the
case.
A lawyer is forbidden to do either of two things after
severing his relationship with a former client: Scope of the Advice:
a. Client is entitled to straight-forward advice
1. He may not do anything injuriously affect his expressing lawyer’s honest assessment.
former client in any matter in which he formerly b. Purely technical advice can sometime be
represented him; inadequate unless requested by the client himself.
2. Nor he may at any time use against his former It is proper for a lawyer to refer relevant moral
client knowledge/information acquired by virtue and ethical considerations in giving advice.
of the previous relationship. c. Where consultation with a professional in another
field is itself something a competent lawyer,
Rationale for the prohibition on conflict of interests: would recommend, the lawyer should make such
recommendation ex. family matters with the help
1. The relations of atty. and client are founded on of clinical psychology and business matters with
principles of public policy, on good taste. the aid of financial specialists.
2. To avoid treachery and double- dealing so that
clients be encouraged to trust their secrets to Rule 15.06 - A lawyer shall not state or imply that he
their attorneys. is able to influence any public official, tribunal or
legislative body.
Test to determine if there is conflict of interests:
Rule 15.07 - A lawyer shall impress upon his client
- Whether the acceptance of a new relation would compliance with the laws and the principles of
prevent the full discharge of the lawyer’s duty of fairness.
undivided fidelity and loyalty to the client or will it
invite suspicion of unfaithfulness or double- Rule 15.08 - A lawyer who is engaged in another
dealing in the performance of that duty? profession or occupation concurrently with the
- An important criterion is “probability” and not practice of law shall make clear to his client whether
“certainty” of conflict. he is acting as a lawyer or in another capacity.
Rule 15.04 - A lawyer may, with the written consent
of all concerned, act as mediator, conciliator or The objective of this rule is to avoid confusion,
arbitrator in settling disputes. both for the benefit of the lawyer and the client.
As a rule, a lawyer is not barred from
A lawyer acts as intermediary in seeking to commercially dealing with client but the
establish or adjust a relationship between clients business transaction must be characterized with
on amicable and mutually advantageous basis ex: utmost honesty and good faith.
in helping organize a business in which 2 or more Business transactions bet. atty. and his client is
clients are entrepreneurs. discouraged by the policy of the law because the
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
lawyer might take advantage of his client’s have a lien to the same extent on all judgments and
ignorance using his position. executions he has secured for his client as provided
for in the Rules of Court.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL Though a lawyer has a lien over his client’s funds, he
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY should notify his client about it in due time – he
COME INTO HIS PROFESSION. should give notice promptly (accdg to this rule, he
may notify his client after he satisfies his fees)
Duty to be a Trustee of Client’s Moneys and Rule 16.04 A lawyer shall not borrow money from
his client unless the client's interest are fully
Properties: Mainly because what client and lawyer
protected by the nature of the case or by
have is a fiduciary relationship.
independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of
Rule 16.01: A lawyer shall account for all money or
justice, he has to advance necessary expenses in a
property collected or received for or from the client.
legal matter he is handling for the client.
Duty of Accountability – generally derived from law
General Rule: No debtor-creditor relationship
on agency which imposes the duties of separation,
between lawyer and client
accounting, notification and delivery on all agents
possessing the principal’s property.
Exception:
- Lawyer may borrow money from his client only if
A lawyer may not apply any amount he received as
his client’s interests are fully protected
partial settlement of a judgment to his professional
- Lawyer may lend money to a client, when in the
fees without the concurrence of his client.
interest of justice, (during his handling of the
Failure in this duty is misconduct. (In one case, the
case) he has to advance necessary expenses
lawyer was suspended) Fear of not being paid is no
excuse.
If done with bad faith and deceit – grave
misconduct CANON 17 - A LAWYER OWES FIDELITY TO THE
Failure to remit amounts to client pursuant to an CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF
execution – misappropriation; such act gives rise THE TRUST AND CONFIDENCE REPOSED IN HIM.
to the presumption that he has appropriated the
money for his own use; lawyer can be cited in
contempt; Canon 17 decrees the fiduciary relationship
Restitution may be ordered in all instances of between a client and his lawyer. The fidelity which a
failure in this duty. lawyer owes to his client does not necessarily mean
The amount/s covered by this rule: Any, not just absolute adherence to the client’s views or activities.
litigation expenses but also expenses due BIR,
Register of Deeds, and others. Duty of confidentiality; preservation of client’s
Mere failure to promptly report to the client his secrets:
receipt of the money is punishable The protection given to the client is
perpetual and does not cease with the termination of
Rule 16.02 A lawyer shall keep the funds of each the litigation, nor is it affected by the party’s ceasing
client separate and apart from his own and those of to employ the attorney and retaining another, or by
others kept by him. any other change of relation between them. It
survives the death of the client.
Rule 16.03 A lawyer shall deliver the funds and
property of his client when due or upon demand. Rationale:
However, he shall have a lien over the funds and - to avoid self- incrimination;
may apply so much thereof as may be necessary to - to maintain the right to counsel;
satisfy his lawful fees and disbursements, giving - Encourages a dynamic and fruitful exchange and
notice promptly thereafter to his client. He shall also flow of information;
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
- Full disclosure opens the door to the whole of the case/after judgment means that there is no
spectrum of legal options on the case of the client violation of Par. 5 Art. 1491 of the Civil Code.
than limited information;
Regardless of the defense of the lawyer in the
General rule on transparency in the identity of the acquisition of the property of his client such as the
client: as a matter of public policy, a lawyer may not client has no money to pay for the services of the
invoke the communication privilege and refuse to lawyer is still prohibited because there is breach of
divulge the name or identity of his client because: confidentiality and harassment/influence on part of
- The court has the right to know that the client the lawyer.
whose privileged information is sought to be
protected is flesh and blood.
- The privilege exists only after the atty-client CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
relationship has been established. WITH COMPETENCE AND DILIGENCE.
- Privilege generally pertains to the subject matter
of the relationship.
- Due process require that the opposing party
Diligence with that norm of practice
should know his adversary.
expected of men of good intentions (as the practice
of law does not require extraordinary diligence)
Exceptions to the general rule: Info relating to the
identity of the client may fall within the ambit of the
Entry and Authority of Appearance:
privilege when the client’s name itself has an
A lawyer is presumed to be properly
independent significance, such as disclosure would
authorized to represent any cause in which he
then reveal client’s confidences.
appears (and no written power of attorney is required
for this authority)
Purchase of the client’s property by the lawyer
Formal entry of appearance is no longer
under Article 1491 of the Civil Code:
required so an appearance may be made by simply
filing a normal motion, plea, or answer.
Under 1491 of the Civil Code, lawyers are
prohibited from acquiring either by purchase or
- a law firm’s main and branch offices comprise a
assignment the property or rights involved which are
single law firm
the objects of the litigation in which they intervene by
- death of handling lawyer does not extinguish
virtue of their profession.
lawyer-client relationship
Even if a fair price was paid for the property
- When relationship is with a law firm, death of
if it is object of the litigation, it is void and inexistent
the handling lawyer does not terminate lawyer-client
pursuant to Art. 1409 of the Civil Code. Hence,
relationship between the client and law firm; so the
constitutes breach of professional ethics and
lawyers in the firm, to not be held liable for
constitutes malpractice.
negligence, should either re-assign the case or
The prohibition on purchase is all embracing
withdraw from it.
to include not only sales to private individuals but also
- Accountability of a supervising lawyer for an
to public or judicial sales.
associate lawyer’s misconduct - well, he’ll just be
asked to explain.
Duty not to condone a client’s fraud: (e) The probability of losing other employment as a
A lawyer may not continue assisting a client result of acceptance of the proffered case;
in the conduct that that lawyer originally supposes is (f) The customary charges for similar services and
legally proper but then discovers is criminal and the schedule of fees of the IBP chapter to which he
fraudulent. He should: belongs;
(g) The amount involved in the controversy and the
1. Endeavour to rectify it by advising his client. benefits resulting to the client from the service;
2. Withdrawal from the representation if necessary (h) The contingency or certainty of compensation;
or if the client refused to rectify it. (i) The character of the employment, whether
3. Has discretion to inform promptly the injured occasional or established; and
person or his counsel, so that they may take (j) The professional standing of the lawyer.
appropriate steps.
The amount of atty’s fees due is that stipulated in the
Definition of Fraud – a generic term, embracing all retainer agreement, absence such, amount would be
multifarious means which human ingenuity can fixed on the basis of the quantum merit (reasonable
devise, and which are resorted to by one individual to worth) of the atty’s services
get advantage over another by false suggestions or by
suppression of truth, and includes all surprise, trick Factors to be considered in fixing atty’s
and cunning unfair way by which another is cheated. compensation:
- Importance of the subject matter of the
Rule 19.03 - A lawyer shall not allow his client to controversy
dictate the procedure in handling the case. - Extent of services rendered
- Professional standing of the lawyer
- Lawyers have the exclusive management of the
procedural aspect of the litigation including the Court isn’t bound by opinion of a lawyer as to
enforcement of the rights and remedies of their proper compensation; Court may disregard it and
client. base its conclusion on its own professional
knowledge
- Even over the objection of the client, a lawyer No form is required with regard to agreement
can present or refuse to present certain witnesses. on fees but it’s preferred if it’s in writing
Written agreement on fees is generally binding,
- Mistakes of counsel as to the relevancy or but if client is ignorant and uneducated, such written
irrelevancy of certain evidence or mistakes in the agreement may not be persuasive and the
proper defense, in the introduction of certain compensation should be made on the basis of
evidence, or in argumentation are, among all quantum merit.
mistakes and procedure and they bind the clients. Unless expressly stipulated, payment of
lawyer’s fees is not gratuitous (as it’s based on the
law of contract: I do and you give)
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR A lawyer may require advance payment of his
AND REASONABLE FEES. fees, but he shall return the excess.
A lawyer may accept property in payment such
as ownership interest in an enterprise.
A lawyer is entitled to recover litigation expenses Lawyer’s contingency fee (payment conditional upon
when: success) is an exception to this prohibition.
- Defendant’s act or omission has commission has
compelled the plaintiff to litigate or to incur CHAMPERTOUS CONTRACTS: an agreement between
expenses to protect his interest; a third person and a party litigant or a lawyer and his
- The defendant acted in gross and evident bad client wherein the third person with respect to the
faith in refusing to satisfy the plaintiff’s valid, just, party litigant or the lawyer with respect to his client,
and demandable claim supports the party litigant’s or the client’s litigation in
- In any other case where the court deems it just exchange for a share of the proceeds emanating from
and equitable that the expenses be recovered the litigation, if there are any.
Lawyer’s acquisition of his client’s property: SYNDICATED LAWSUITS. It’s a form of champerty
where the litigant sells his shares in his lawsuit to
He may not: if the properties are the objects of the investors.
litigation in which he intervenes (meaning, “during
the pendency of the litigation”); this prohibition Rule 20.01 A lawyer shall not reveal the confidences
includes not only sales to private individuals but also or secrets of his client except;
public or judicial sales; this covers not only the (a) When authorized by the client after acquainting
purchase but also the assignment of the property him of the consequences of the disclosure;
(b) When required by law;
He may: if the lawyer acquires it after the termination (c) When necessary to collect his fees or to defend
of the case himself, his employees or associates or by judicial
action.
Rationale (of the prohibition): public policy disallows
because of the fiduciary (based on trust and There are no fixed rules in the setting of
confidence) nature of the lawyer-client relationship; attorney’s fees, that’s why they’re negotiable.
and because by virtue of the lawyer’s office, he may There can only be guidelines.
easily take advantage of the credulity and ignorance Judge’s opinion as to the capacity of the lawyer is
of his client and unduly enrich himself at the expense not a basis of the right to a lawyer’s fees
of his client.
Manner of fixing the fees:
Mere demand for delivery of the litigated property Hourly fee basis: a lawyer keeps an accurate record
does not cause the transfer of ownership, thus, not of all the time he had spent on the case, indicating
a prohibited transaction. the number of minutes spent in every activity relating
to the case. It’s usual to mark the time in tenth-of-an-
CHAMPERTY: “buying into someone else’s lawsuit”, hour increments, meaning in chunks of six minutes.
rd
it’s the arrangement in which a 3 party (or even the Then the number will be multiplied by the lawyer’s
litigation lawyer) supports another’s litigation in agreed upon hourly rate.
exchange for a share of the proceeds, if there are any. Fixed fee basis: Combination arrangement
If there are none, the party litigant would not have to
pay the person or entity which financed the litigation. Lawyer may ask for “deposits” which would cover
Any amount advanced would not have to be the necessary expenses and costs
returned. An executor or administrator of an estate may
Champerty is prohibited on the ground of public not charge against the estate any professional
policy, it violates the fiduciary relationship between fee for legal services as such are already paid for
the lawyer and his client. It’s also a form of in his capacity as executor or administrator
maintenance (intermeddling of an uninterested party, General elements to be considered in fixing a
in short, epal). reasonable compensation/L
- Importance of the subject matter/controversy
For the party litigant, it’s an issue of litigation - Extent of the services rendered
financing (when he has no financial means to pursue - Professional standing of the lawyer
litigation).
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Rule 20.02 A lawyer shall, in case of referral, with CONTINGENT FEES: Arrangement where fees are due
the consent of the client, be entitled to a division of only if the lawyer handles a case successfully. Fees
fees in proportion to the work performed and will come from the recovered amount in the case. If
responsibility assumed. the case is unsuccessful, the client is under no
obligation to pay his lawyer.
Duty to Divide Fees in Proportion to Work Done
- Applicable in instances where legal work would Appropriateness of contingent fee arrangement:
have to be shared between two or more lawyers - The only practical means by which a litigant can
- In this case, fees would have to be shared afford to pay his lawyer.
between these lawyers proportionately (on the - A successful prosecution produces a res out of
basis of the proportion of services they render or which the fee can be paid
by agreement between/among the lawyers) with
the prior consent of the client On Criminal cases: Public policy condemns this type
- It doesn’t require disclosure to the client of the of arrangement because these cases don’t produce a
lawyer’s share res with which to pay the fee
Lawyer Referral System: the purpose of this is to aid Reasonableness of contingent fees: It’s validity
individuals who are able to pay fees but need depends on the reasonableness of the amount fixed
assistance in locating lawyers competent to handle as contingent fee under the circumstances of the
their particular problems. case.
Duty to Avoid Disputes with Client Over Fees: QUANTUM MERUIT: “as much as he deserves”; the
It’s preferable that agreement on fees rule implies a promise to pay a reasonable amount for
between the client and lawyer be in writing (to avoid the labor and materials furnished
disputes)
Fees based on quantum meruit is authorized when:
ASSUMPSIT: Latin for “he undertook, he promised”, - There is no express contract for the payment
It’s a cause of action for unpaid work. Its basis is - Although there’s formal contract, the fees are
common law so it’s not applicable in the Philippines. unconscionable or unreasonable
Concepts on attorney’s fees: - Void contract
Ordinary sense: compensation paid by client - The counsel, for justifiable cause, was not able
Extraordinary sense: awarded by the court to be paid to finish the case to its conclusion
by the losing party (this must be expressly stated in - There is a hearing.
the decision)
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HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
RETAINING FEE: preliminary fee paid to ensure and His remedy is: a) file an action against the
secure a lawyer’s future services, to remunerate him executor in his personal capacity; or b) file a
for being deprived, by being retained by one party, of petition in the intestate or testate proceedings
the opportunity of rendering services to the other
part and of receiving pay from him. ACCEPTANCE FEE: It’s an absolute fee arrangement
which entitles a lawyer to get paid for his efforts
In the absence of an agreement to the contrary, regardless of the outcome of the litigation
the retaining fee is neither made nor received in
consideration of the services contemplated; it’s
apart from what the client has agreed to pay for CANON 21 - A LAWYER SHALL PRESERVE THE
the services which he has retained him to CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
perform AFTER THE ATTORNEY-CLIENT RELATION IS
Absence of the stipulation of additional atty’s TERMINATED.
fees is not a bar to the collection of additional
atty’s fees
Rationale of lawyer- client confidentiality:
2 kinds of retainer fees: To permit the attorney to reveal to others
1. General retainer: the fee paid to a lawyer to what is disclosed, would be not only a gross violation
secure his future services as general counsel for of a sacred trust upon his part, but it would utterly
any ordinary legal problem that may arise in the destroy and prevent the usefulness and benefits
routinary business of the client and referred to derived from professional assistance.
him for legal action. Lawyer- client confidentiality extends as well
Reason for this is that the lawyer is deprived, by to his employees and neither of them should accept
being retained by one party, of the opportunity of employment, which involves or may involve the
rendering services to the other part and of receiving disclosure or use of these confidences either for the
pay from him. advantage of his client, without his knowledge and
- This fee is independent and different from the consent, and even thought there are other available
compensation which the lawyer should receive in sources of information.
payment for his services The announced intention of the client to
commit crime or fraud is not included within the
2. Special retainer: fee for a specific case handled confidence which he bound to respect.
or special service rendered by the lawyer for a
client. Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
Expiration of retainer agreement does not mean
that lawyer is no longer entitled to attorney’s (a) When authorized by the client after acquainting
fees for services rendered him of the consequences of the disclosure;
the dismissal of a counter-claim (for atty’s fees)
does not amount to res judicata (b) When required by law;
Rights and obligations arising from the lawyer-
client relationship is not transmissible (therefore (c) When necessary to collect his fees or to defend
the lawyer may not go against the heirs of his himself, his employees or associates or by judicial
client of payment of his professional fees). The action.
fees constitute a charge against the client’s state.
When a lawyer rendered legal services to the Attorney- client privileged defined- in the law of
administrator or executor to assist him in the evidence, it is the client’s privilege to refuse to
execution of his trust, his atty’s fees may be disclose and to prevent any person from disclosing
allowed as administration expense. But the confidential communication between him and his
estate is not directly liable for his fees, because attorney.
they rest primarily on the executor or Factors to consider in creation of a Lawyer- Client
administrator. relationship:
1. Where legal advice of any kind is sought
DLSU- College of Law 32
HAULO-AMPONG-RICO - MEMORY AID IN LEGAL ETHICS
2. from a professional legal adviser in his Rule 21.03 - A lawyer shall not, without the written
capacity as such, consent of his client, give information from his files
3. the communications relating for that to an outside agency seeking such information for
purpose, auditing, statistical, bookkeeping, accounting, data
4. made in confidence processing, or any similar purpose.
5. by the client,
6. are at his instance permanently protected, Rule 21.04 - A lawyer may disclose the affairs of a
7. from disclosure by himself or by the legal client of the firm to partners or associates thereof
advisor, unless prohibited by the client.
8. except the protection be waived.
Rule 21.05 - A lawyer shall adopt such measures as
Nature of lawyer- client relationship: may be required to prevent those whose services are
The nature of the lawyer- client relationship is utilized by him, from disclosing or using confidences
premised on the Roman Law concepts of “locatio or secrets of the clients.
conductio operarum” (contract of lease of services)
where one person lets his services and another hires Rule 21.06 - A lawyer shall avoid indiscreet
them without reference to the object of which the conversation about a client's affairs even with
services are to be performed, wherein lawyers’ members of his family.
services may be compensated by honorarium or for
hire and mandato (contarct of agency). Rule 21.07 - A lawyer shall not reveal that he has
In modern day, an attorney possesses special been consulted about a particular case except to
powers of trust and confidence reposed on him by his avoid possible conflict of interest.
client.
A lawyer is independent and his power his
entirely different from and superior to those of an CANON 22 - A LAWYER SHALL WITHDRAW HIS
ordinary agent. SERVICES ONLY FOR GOOD CAUSE AND UPON
There are rules, ethical conduct and duties that NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
breathe life into it, among those, the fiduciary duty to
his client which is at very delicate, confidential
character requiring a very high degree pf fidelity and
Duty to Withdraw Legal Services Only for Good
good faith. Cause and Upon Notice
Requirement of proper withdrawal: The discharge does not terminate the lawyer’s
The lawyer should have either the written duty to protect the client’s interest.
conformity of his client or an order from the court
relieving him of the duties of counsel Lawyer’s right to retain papers: This right persists
If the client refuses to give consent to the largely because no substitute procedures have been
retirement or withdrawal, the lawyer must file an established to provide a lawyer with a prior secured
application or petition for withdrawal with the court. claim for his fee.
He must serve a copy of his petition upon his client
and the adverse party at least 3 days before the date Charging lien: a charging lien to be enforceable as
set for hearing, otherwise the court may treat the security for the payment of atty’s fees requires as a
application as a “mere scrap of paper.” condition sine qua non a judgment for money and
execution in pursuance of such judgment secured in
Withdrawal of record is required for an attorney of the main action by the atty in favour of his client. This
record in litigation: a lawyer must still appear on the lien presupposes that the atty has secured a
date of hearing for the atty-client relation does not favourable money judgment for his client.
terminate formally until there is a withdrawal of
record. Until he is properly relieved as counsel of
record, he will remain responsible for the conduct of
the case.