Notes

Legal Ethics

four-fold duties of a lawyer

duty to the court
duty to the client
duty to colleagues
duty to the public
significance
limit the parameters and tame the exercise of the profession
guard against the abuses and ills of the profession
raise the standard of the legal profession
encourage and enhance the respect for the law
assure an effective and efficient administration of justice
assist in the keeping and maintenance of law and order
provide the basis for the weeding out of the unfit and misfit
importance of the new code
provides an impression of identity and sense of independence
feeling of pride and emancipation from foreign Canons
Supreme Court is vested by the Constitution with the power to admit to practice which it exercises through a
Bar Examination Committee
basic requirements for admission (prior and continuing requirements)
citizen of the Philippines [maintain allegiance]
at least 21 years of age [requires the exercise of sound judgment & discretion; assumption of maturity]
good moral character and no charges against him involving moral turpitude have been filed or are
pending [public to continue to trust lawyers; must disclose all cases]
resident of the Philippines [readily accessible and available to client]
requirements to practice law
educational requirements
passing the Bar
possession of good moral character
lawyer’s oath before the SC
signing of the Roll of Attorneys
persons entitled to practice law
duly admitted members of the bar who are in good and regular standing
basic characteristics of the practice of law
practice of law is a privilege- must bow to the inherent regulatory power of the Court to exact
compliance with the lawyer’s public responsibilities; privilege can be withdrawn by SC following due
process
not a money-making venture
essential part in the administration of justice
cannot be assigned or inherited
privilege burdened with conditions
reserved only to those who are academically trained in law and possessed of good moral character
practice of law
doing any of those acts which are characteristic of the legal profession
covers any activity in or out of court which requires the application of law, legal principles, practice or
procedure and calls for legal knowledge. training and experience
giving legal advice and instructions informing them of their rights and obligations
preparing documents requiring the knowledge of legal principles not possessed by ordinary
layman
appearing before public tribunals which possess power and authority to determine rights of
life, liberty, and property
non-lawyers authorized to practice law otherwise indirect contempt
(allowed to appear only in certain cases but do not practice law)
MTC- may conduct his own litigation in person or with the aid of an agent or friend appointed by him
(including law student)
any other court- may conduct his litigation personally but bond by the same rules in the conducting
the trial of his case
criminal case before MTC where duly licenses member not available- judge may appoint a non-lawyer
to aid the accused in his defense
law student practice
 senior law student
enrolled in a recognized law school’s law clinic approved by SC
represent indigent clients without comepensation
criminal, civil, administrative before any trial court, tribunal, board or officer
direct supervision and control of a member of the IBP duly accredited by the law school
NLRC or any labor arbiter- represent themselves, their organization or members, are duly accredited
members of any legal aid office
Code of Professional Responsibility
principal source and basis of the riles of ethics for members of the Bar who do not belong to the
judiciary, including those in government service
norms of conduct which every attorney must obey and respect promulgated as it was by no
less than the Highest Court of the land
legal profession
form of public service or public trust intimately related to the administration of justice
lawyers considered officers of the courts; public officers occupying a quasi-judicial office
lawyer-client relationship
strictly personal
highly confidential
fiduciary in nature- not allowed to disclose info
creation
oral
express
implied

Lawyers Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to
the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon
myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

lawyer’s primary duty to society or State

sacred trust that lawyers must uphold and keep inviolable at all times
becomes a guardian of truth and the rule of law; indispensable instrument in the fair and
impartial administration of justice
must not only obey the Constitution and the laws but also legal orders or processes
willful disregard thereof may subject the lawyer not only to punishment for contempt but to disciplinary
sanctions as well

Canon 1. Duty to uphold the Constitution and the laws

1.01 Duty not to engage in unlawful, dishonest, immoral or deceitful conduct

moral character displayed upon application for admission to the Bar must be maintained incessantly
otherwise privilege may be withdrawn
good moral character is not only a condition precedent for admission; its continued possession is also
essential for remaining in the practice of law
protect the public
protect the public image of lawyers
protect prospective clients
protect errant lawyers from themselves
unlawful-disciplined of violating the laws of the country a supposed to be a model in the
community; need not be penal
immoral- that conduct which is willful, flagrant, or shameless and which shows moral indifference to
the opinion of the goof and respectable members of the community
moral character is what a person really is as opposed to good reputation which is the
opinion generally entertained of him; all aspects of moral character and behavior may
be inquired into for those seeking admission to the Bar
gross immorality- conduct which is unquestionably so corrupt or unprincipled
conviction of crimes involving moral turpitude- disbarred as unfit to protect the administration
of justice and no longer of good moral character
 moral turpitude- everything which is done contrary to justice, honesty, modesty or good
morals
1.02 Duty not to counsel illegal activities
should not render any service or advice to any client which will involve disloyalty to the laws of the
country which he is bound to uphold and obey
model in the community regarding respect of the law; advances the honor of his profession and he
best interest of his client
exact compliance with the strictest principles or moral law
great trust of the lawyer is to be performed within and not without the bounds of the law; the office of
attorney does not permit much less demand violation of law or any manner of fraud or chicanery
all acts which are unlawful, dishonest, immoral or deceitful corrode public confidence in
the legal system
1.03 Duty not to encourage lawsuits; duty not to delay any man’s cause for money or malice
reasons
prevent barratry- fomenting suits and offering services to one party
prevent ambulance-chasing- haunting hospitals and homes of the afflicted to offer services
fomenting of litigation
subornation of perjury [encouraging falsification]
mulcting of innocent persons
defrauding of injured persons [settling early]
duty not to be an instigator but a mediator; unprofessional to volunteer advice to bring a lawsuit; must
resist the whims and caprices of clients and temper client’s propensity to litigate
stirring up litigations proscribed by the rules of legal ethics; appeal interposed by counsel for
the purpose of delay is condemned
officer of the court- help in dispensation of justice
significance of attorney’s signature on pleading (unsigned pleading produces no legal effect)
certificate that he has read
to the best of his knowledge, information, and belief there is a ground to support it
not interposed for delay
1.04 Duty to encourage amicable settlements
mediation / alternative dispute resolution
compromise- party must give up some of the rights he has in consideration of the same act on the part
of the other side; attorney’s fees not ground for disapproval of compromise
GR: consent required to compromise (can be subsequently ratified to make it enforceable)
EXC: authorized by SPA
lawyer has the exclusive management of the proicedural aspect of litigation including the
enforcement of rights and remedies of the client thus can negotiate favorable terms for
his client
if the client is not agreeable to the compromise must immediately repudiate the same
fact that a party was not assisted by counsel during compromise does not ipso facto result in
a mistake under the law as it is presumed that a person would take ordinary care of his
concerns and must be deemed with full knowledge of the consequences thereof
settlement of cases in court is authorized and even encouraged by express provision; compromise
effected even after final judgment is impliedly allowed
whenever the controversy will admit of fair judgment the client should be advised to avoid or end
litigation and help prevent the clogging of docket

Canon 2. Duty to be an efficient lawyer

2.01 Duty not to reject the cause of the defenseless or oppressed

valid reasons
conflict of interest
incompetence of lawyer
lawyer’s prime duty to see to it that justice be accorded to all without discrimination
lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same
standard of conduct governing his relation with paying client; not decline to represent a person solely
on account of race, sex, creed or status in life or because of opinion as to guilt
legal aid is not a matter of charity but a means of correction of social imbalance that may and often do
lead to injustice for which reason it is a public responsibility of the Bar
defenseless- those who are not in a position to defend themselves due to poverty, weakness,
ignorance or other similar reasons
oppressed- victims of acts of cruelty, unlawful exaction, domination or excessive use of authority
2.02 Duty not to refuse to render legal advice to the defenseless or oppressed
 immediate legal advice necessary to protect rights even if lawyer does not accept the case
2.03 Duty not to do or permit to be done any act to solicit legal business
public service; administration of justice not a mere money-making trade
otherwise
commercializes the profession
damages public confidence
increase lawsuits / needless litigation
GR improper solicitation of legal business prohibited as it is unethical for an attorney to advertise his
talents or skill as a merchant (ground for disbarment or suspension)
best advertisement is a well-deserved reputation for competence, honesty and fidelity to
private trust and public duty
EXC compatible with the dignity of the legal profession; made in a modest and decorous manner
simple signs stating the name or names of the lawyers
professional cards bearing the name of the lawyer or lawyers, the office and residence address
and special lines in law
advertisements in legal periodicals bearing the same brief data
calling card with a formal picture
publication in reputable law lists in a manner consistent with the standards of conduct
imposed
modest announcements in newspapers, periodicals or magazines about the opening if a
law office or firm
2.04 Duty not to charge rates lower than those customarily prescribed
GR rates to be charged
Schedules of Attorney’s Fees providing specific guidelines in the fixing of fees for some IBP
Chapters
long standing local custom or tradition
EXC valid justification such as when a client is a relative or fellow lawyer or is too poor as to
inhumanitarian
reason: to avoid demeaning and degrading competition

Canon 3. Duty of honest and dignified pronouncement of legal service

must not resort to false and misleading information

even if true, the manner of making it known must not be undignified and demeaning to the legal
profession
3.01 Duty not to use or permit use of self-praises or false claims on qualifications or quality of legal services
any false pretense by a lawyer intended to defraud, mislead and deceive or to tout on his qualifications
or quality of legal services is unethical whether done by him personally or through another with his
permission
3.02 Duty not to use false, misleading or assumed name for a firm name
only use names in Roll of Attorneys
no name not belonging to any of the partners or associates may be used in the firm name for any
purpose
names of deceased may still be used but indicate passing
purpose: to maintain clients who have been provided legal services by the law firm; benefit the
firm from the goodwill attached to the personality of the deceased partner
death of a partner does not extinguish the attorney-client relationship with the law firm
abandonment of SyCip case: must be dropped from the firm name as its retention has the
tendency to improperly exploit its advertising value
drop name of a partner appointed as judge or appointed to a government position which prohibits
private practice of law
avoid misleading the public and a display of influence in the part of the firm
unethical to use name of a foreign firm; main and branch offices should use the same name
negligence of a member in the law firm is negligence of the firm
3.03 Duty to withdraw from the firm when lawyer accepts public office
GR: drop name of the partner from the firm name
EXC: if the law allows him to practice law concurrently while holding the position
reason: to prevent the law firm or partners from making use of the name of the public official to attract
legal business and to avoid suspicion of undue influence
3.04 Duty not to seek publicity
debasing the legal profession specially so if he pays something for the value of it
best advertisement is well-merited reputation
Canon 4. Duty to support the improvement of the legal system

lawyers as officers of the courts must assist in the administration of justice; every lawyer’s duty to improve the
legal system; contribute to the enhancement of the system; while not a matter of strict duty it is. duty
nonetheless which flows from a lawyer’s sense of public responsibility

Canon 5. Duty to keep abreast of legal developments

must update themselves with the law and must participate in the dissemination thereof
elevate the standards of the legal profession
improve the administration of justice
to enable the bar to discharge its public responsibility more effectively
continuous and laborious study to prevent skill and knowledge from becoming obscure due to obsoleteness
three-fold obligation upon becoming a lawyer
owes it to himself to continue improving his knowledge of the law
owes it to his profession total an active interest in the maintenance of high standards of legal
education
owes it to the lay public to make the law a part of their social consciousness
MCLE- to keep abreast with the law and jurisprudence; every 3 years at least 36 hours
exempt: Justices of the SC, CA, Sandiganbayan, RTC judges, law deans, some law professors,
members of Congress, etc

Canon 6. The Canons apply to lawyers in government service

shall govern the acts of all lawyers including those in the service of the government as a lawyer does
not shed his professional obligations upon assuming public office
lawyers who are incumbent judges are governed by the Code of Judicial Conduct
grounds for disbarment applicable to all
all public officials and employees are governed by the Code of Conduct and Ethical Standards
whether lawyers or non-lawyers
misconduct in office as a public official
GR may not be disciplined as a member of the Bar
EXC disciplined is misconduct is of such a character as to affect his qualification as a lawyer
or show moral delinquency
6.01 Duty to see to it that justice is done
primary duty of prosecutor as a quasi-judicial officer is not to convict but to see that justice be done
thus he should seek equal and impartial justice; suppression of facts or concealment of witnesses
capable or establishing innocence is cause for disciplinary action
as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is
to use every legitimate means to bring about a just one
duty to clarify contradictions and fill up gaps and loopholes in their evidence to prevent doubt so the
innocent may not suffer and the guilty not escape unpunished
should recommend acquittal of the accused whose conviction is on appeal if he finds no legal basis to
sustain the conviction
6.02 Duty not to use his public position to promote or advance private interest
public lawyers have more restrictions and their want of moral integrity is to be more severely
condemned as they are public servant who owe utmost fidelity to the public service; public office is a
public trust
they do not shed their professional obligation upon assuming public positions on the other hand they
need to be more sensitive as their disputable conduct is more likely to be magnified in the public eye
required to uphold the public interest over and above personal interest and not to allow the latter to
interfere with public duties
unethical for a government lawyer to remain secretly connected with a firm and solicit cases for referral
fees or monthly retainers
a govt lawyer should not refuse to represent the Govt or any of its agencies or officers
6.03 Restrictions against government lawyers who left the service
barred from accepting or having any member of his family accept employment in a
private enterprise which has pending official business with his during the pendency thereof or within 1
year after its termination
barred from owning, controlling, managing or accepting employment in any private enterprise
regulated, supervised or licensed by their office unless expressly allowed by law for a period of 1 year
after resignation, retirement or separation from public office
 precent possible appearance of impropriety and loss of public confidence in government; at all times
be accountable to the people and serve them with utmost respect

Canon 7. Duty to uphold the dignity of the legal profession

7.01 Duty not to make false statements or suppress a material fact in connection with application for
admission to the bar
application is notarized thus liable for perjury; answerable for knowingly making false statements or
suppressing material facts
if found before taking the Bar: denied permission to take the examinations
before taking the oath: not allowed to take his oath
after taking the oath: name stricken from the Roll of Attorneys
disclose even crimes not involving moral turpitude since it is the non-disclosure not the commission of
the crime that makes him moral unfit to become a lawyer & also committed perjury
anybody can file against a lawyer or applicant thus list of applicants published as the public is vitally
interested in the rectitude of attorneys
7.02 Duty not to support unqualified bar applicant
shall make no recommendation or endorsement if he knows the applicant is not qualified; even his
duty to prevent such applicant from taking the examinations
lawyer should aid in guarding the Bar against admission to the profession of candidates unfit or
unqualified for being deficient in either moral character or education
refers to testimonial vouching for moral character of an applicant; constitutes gross misconduct in
office
7.03 Duty not to engage in conduct adversely affecting the legal profession
should maintain the standard of moral fitness required of him upon admission in either his profession
or private activities; must always uphold the dignity of the legal profession; even if not related to the
practice of law
good moral character is essential during the continuance of practice and the exercise of the privilege;
must not only be of good moral character but also be seem to be of good moral character to
avoid scandalizing the public by creating the belief he is flouting those moral standards
should not assist anyone even his clients in the commission of any crime or unprofessional act as in
fact he may even properly make disclosures as may be necessary to prevent the act or protect
those against whom it is threatened

Canon 8. Duty of professional courtesy

must participate in the battle for justice with the armors of courtesy and fairness
8.01 Duty not to use abusive and improper language
language must be emphatic yet dignified whether written or oral to maintain the dignity of the legal
profession
employment serves no useful purpose and constitutes direct contempt or contempt in facie curiae
lack or want of intention is no excuse for the disrespectful language at best it mitigates
from the point of view of recipient; cannot claim he did not mean what any reader must have
understood them as meaning
EXC use of strong language impelled by the same language used by the judge
8.02 Duty not to encroach upon the professional employment of another lawyer
GR: unethical for a lawyer to exert efforts directly or indirectly to encroach upon the professional
employment of another; any act which is calculated to ease out the previous lawyer with the intent
to grab the case
EXC: a person without a retained lawyer or when the previous lawyer was already dismissed is a
legitimate prospective client
EXC: advice and assistance to victims of unfaithful and neglectful counsel as a lawyer who has
acquired knowledge of the malpractice of a member of the Bar has the duty to the public and to the
legal profession to inform the Supreme Court or the IBP, should expose without fear or favor and
should accept without hesitation employment against the member of the Bar who has wronged his
client
competition among attorneys is contrary to the long established etiquette of the legal profession
should not in any way communicate upon the subject of controversy with a party represented by
counsel much less should he undertake to negotiate or compromise the matter with him but should
deal only with his counsel

Canon 9. Duty to shun unauthorized practice of law

 unauthorized practice: when a person who is not a lawyer pretends to be one and performs act
which are exclusive to members of the Bar
without authority- indirect contempt
without being employed- contempt as an officer of the court who has misbehaved in his
official transactions
must take as partner or associate in his law firm only those licensed by the SC to practice law and
confined to those who are subject to the requirements and regulations imposed upon members of the
legal profession
the lawyer who assists in an unauthorized practice of law whether directly or indirectly is subject to
disciplinary action
reason: need of the public for integrity and competence of those who undertake to render legal
services because of the fiduciary and personal character of the lawyer-client relationship
9.01 Duty not to delegate legal work to unqualified workers
reason: dictates of public policy
practice of law is limited only to individuals duly qualified in moral character and education and who
passed the Bar Examinations possessing tested qualification and who are sworn to observe the rules
and ethics of the profession as well as being subject to judicial disciplinary control for the protection of
the courts, clients and the public
whether the unauthorized person is knowledgeable in the law is immaterial
lawyer cannot delegate his authority even to qualified persons without client’s consent; attorneys are
selected on account of their special fitness through their learning and probity; an associate or assistant
in a law firm may appear for the client unless the client has contracted otherwise
9.02 Duty not to divide legal fees with non-lawyers
GR: can only divide with another lawyer who had rendered legal services with him in a case or legal
work
EXC:
pre-exisitng agreement with a partner or associate tat upon the latter’s death money shall be
paid over a reasonable period of time to his estate or to persons specified in the agreement
lawyer undertakes ro complete unfinished legal business of a deceased lawyer
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 arrangement
reason: it would leave the public in hopeless confusion as to whom to consult in case of necessity and
also to leave the bar in chaotic condition aside from the fact that non-lawyers are not amenable to
disciplinary measures
non-lawyers are not entitled to lawyer’s fees

Canon 10. Duty of candor, fairness, and good faith to the courts

to enable presumption of veracity; the burden placed on the judiciary would be intolerable if it could
not take at face value was is asserted by counsel
recognition then that counsel is expected to display the utmost zeal in defense of a client’s cause but
never at the expense of deviation from the truth
lawyer is an instrument or agency to advance the ends of justice and his duty is to uphold the dignity
and authority of the courts to which he owes fidelity
refiling a case which was already litigated before while not forum-shopping in nevertheless a violation
10.01 Duty not to do any falsehood; duty not to mislead
must be a minister of truth hence must not mislead the court nor allow the court to be misled by an
artifice
duties mandated by the Attorney’s Oath
to do no falsehood
nor consent to the doing of the same in court
to conduct himself as a lawyer according to the established of his knowledge and discretion
with all good fidelity to the court
offering false testimony in evidence is a crime
10.02 Duty not to knowingly misquote or misrepresent
lack of candor (negligence is a defense)
knowingly misquoting or misrepresenting
the contents of a paper
the testimony of a witness
the language or the argument of opposing counsel
text of a decision or authority
knowingly citing as authority a decision that has been overruled or a statute that has been
repealed
 asserting a fact which has not been proved (EX lawyer’s version of a case)
foisting a non-existent rule
must quote a decision verbatim to avoid misleading the court and prevent appellate courts from acting
on misinformation as well as save precious time in finding out whether the citations are correct
syllabus of a case is not the work of the SC and should not be cited in place of the text of the decision
10.03 Duty to observe the Rules of Procedure; duty not to misuse the rules
rules of procedure are instruments in the speedy and efficient administration of justice; must not be
used to defeat or frustrate the ends of justice
result would be to render illusory substantive rights
10.04
reason: to prevent unfairness, surprise attacks and back-stabbing
pleader must simultaneously furnish copies of annexes with pleadings to the adverse parties
GR adverse party must be notified at least 3 days before the date fixed in the Motion to give him the
opportunity to be heard
EXC motions which do not prejudice the rights of the adverse party may be heard and considered
ex parts

Canon 11. Duty to give respect to the Courts

officer of the court occupying a quasi-judicial office with a tripartite obligation to the courts, to the
public, and to his clients but the public duties take precedence over his private duties; first duty is to
the courts
one of the bounden duties of an attorney to observe and maintain the respect due to the courts of
justice and judicial officers (includes other officers of the Court like Clerks, Sheriffs and other judicial
officers who take part in the judicial work
lawyers must be respectful not only in their actions must also in their use of language as disrespectful
acts and language are contemptuous
the highest sign of respect to the courts is the lawyer’s obedience to court orders and processes
criticisms of courts must not spill over the walls of decency and propriety
pleading containing derogatory, offensive or malicious statements constitutes direct contempt
criticism made in good faith may be tolerated; mere criticism or comment on the a decision of the
court in a pending case made in good faith
11.01 Duty to appear in court properly attired
to maintain the dignity and respectability of the legal profession otherwise can be held in contempt
11.02 Duty to be punctual at court hearings
duty of the lawyer not only to his client but to the courts and to the public to be punctual in attendance
and to be concise and direct in the trial and disposition or cases to delay no man for money or malice
lack of punctuality may interfere with the speech administration of justice and may be liable for
contempt
11.03 Duty to abstain from scandalous, offensive or menacing behavior before the courts
direct in contempt or contempt in facie is misbehavior committed in the presence of or so near a court
of judge so as to obstruct or interrupt the proceedings before the same including disrespect towards
the court and can be punished summarily without hearing
language should be emphatic yet dignified; duty to abstain from all offensive personality and
to advance no fact prejudicial to the honor or reputation of a party or witness unless required by the
justice of the cause
a mere disclaimer of any intentional disrespect is not a ground for exoneration
11.04 Duty not to attribute to a judge motives not supported by the record or having no materiality to the case
cardinal condition: bona fide; must not spill over the walls of decency and propriety
criticize in good faith
if pending: sub ju dice; must not unduly influence & must not suggest
final: greater leeway
judge misbehaves: the affected lawyer may demand that the incident be made of record and this act is
not contemptuous
while prohibited to attribute motives to a judge not supported by the record, lawyers must however be
courageous enough to expose arbitrariness and injustices of courts and judges
11.05 Duty not to criticize judges in an insulting or intemperate language
constructive criticism is used to timely correct or rectify mistakes, errors, or irregularities so that true
justice may be achieved; aggrieved party is expected to rise to call the attention of the judge; essential
ingredient in the administration of justice and must be welcomed by the judge as dispensation of
justice is more important that personal feelings
destructive criticism must not be tolerated; Constitutional freedom of free speech cannot shield the
erring lawyer from the punishing hand of the court to preserve and enforce its order in its immediate
 presence
lawyer shall not criticize the personal or official conduct of a judge in an insulting and intemperate
language; depends not only upon the manner it was presented but also on the kind or tone
of language used as well as the apparent intention of the critic
11.06 Duty to submit grievances against a judge to the proper authorities
lawyer has the duty to defend a judge from unfounded criticism or groundless personal attacks but
such duty does not prevent a lawyer from filing administrative complaints against erring judges or from
accepting cases of clients who have legitimate grievances against them
SC- administrative, criminal complaints against judges in connection with their duties
Office of the Ombudsman- complaint is criminal and not purely administrative in nature
House of Rep and Senate- impeachable offenses of Justices of the SC
Rule 139-B: the IBP BOG may initiate and prosecute proper charges against erring
attorneys including those in govt service motu proprio or upon referral by the SC,
Chapter Board of Officers or at the instance of any person
EXC media, military authorities, president, governors, mayors or other officers or institutions
which are not the proper forums to investigate
duty of lawyers to report to the authorities acts of extortion of public officers for appropriate action and
not to participate in the illegal acts
double duty to resist extortions and temptations to bribe and to report to the
proper authorities

Canon 12. Duty to assist in the speedy and efficient administration of justice

speedy and efficient administration of justice is the duty of both lawyers and judges
move to dismiss cases for constant postponement
12.01 Duty to adequately prepare for trial
mastery of fact of the case, the law, and jurisprudence applicable thereto and upon which he can
appropriately anchor his theory and stance
a newly hired counsel who appears midstream is presumed and obliged to acquaint himself with all the
antecedent processes and proceedings that have transpired in the record prior to his takeover
must be ready with originals when presenting documentary exhibits
must keep abreast of the law and legal developments as ignorance of the law which prejudices the
client may be a ground for disciplinary action
12.02 Duty not to engage in forum-shopping
duplication or multiplication of actions arising from the same cause is trifling
forum-shopping: vexation cause the courts and parties-litigants by a party who asks different courts
to rule on the same or related causes or grant the same or substantially the same reliefs; dismissal of
all actions pending without prejudice to appropriate actions against the counsel or party concerned
sworn certification attached to pleading (signed by client not counsel)
to the best of his knowledge no such other action or claim is pending therein
pending: complete statement of the present status thereof
thereafter learns of pending: report that fact within 5 days
failure to comply shall not be curable by mere amendment and shall be cause for the dismissal of the
case without prejudice
indirect contempt- false certification or non-compliance
direct contempt & summary dismissal- willful and deliberate
if one has become final and executory and it is refiled: res judicata not forum-shopping
lawyer has the duty to disclose the prior dismissal of his case by a court of concurrent jurisdiction
12.03 Duty to file pleadings on time
should not let the period lapse without offering an explanation
lawyer who asks for extension of time must comply with the same
if the motion for extension of time is filed in bad faith at the outset it is an obstruction of justice and
subject to discipline
12.04 Duty not to unduly delay a case
duty to assist in the realization of efficient and speedy administration of just and thus must not cause
undue delay of any case or impede the execution of a judgment or misuse of court processes
execution of final judgment should not be thwarted; a judge should prevent dilatory tactics; lawyer
should not misuse the rules of procedure to frustrate the ends of justice
12.05 Duty not to talk to witness during break or recess while the latter is still under examination
common duty of lawyers and witnesses to uphold the truth that real justice may be rendered to whom
it is due
to uphold and maintain fair play with the other party and to prevent the examining lawyer from being
tempted to coach his own witness to suit his purposes
 12.06 Duty not to knowingly assist a witness to misrepresent or impersonate
lawyer is sworn to do no falsehood nor to consent to the doing of any in court
witness: criminally liable for false testimony
lawyer: criminally liable for offering false testimony in evidence and rendered totally unfit to assist in
the administration of justice
12.07 Duty not to abuse, browbeat or harass or needlessly inconvenience a witness
rights of witnesses must be respected during trial
right of witness against harassment or incriminating questions
not to be detained longer than the interest of justice requires
not the be examined except only as to matters pertinent to the issue
client cannot be made the keeper of the lawyer’s conscience in professional matters thus has no right
to demand that his counsel abuse the opposite party nor indulge in offensive personalities
judges equally mandated to be courteous
12.08 Duty to avoid testifying on behalf of his client
acting as witness; judicial affidavit rule
EXC
on formal matters such as the mailing, authentication or custody of an instrument and the like
on substantial matters in cases where his testimony is essential to the end of justice in which
event he must during his testimony entrust the trial of the case to another counsel
expert on his fees
reason: impropriety of a lawyer acting in that dual capacity lies in the difference between the
respective functions of a witness (to tell the facts as he recalls them) and an advocate (partisan)
inhibition is not a question of competency to testify but one of propriety for the dual role especially
when the procedure followed is one of self-examination which will generally invite criticism and
confusion in the proceedings

Canon 13. Duty to refrain from acts giving appearance of influencing the court

principles of justice: rendering or giving one what is due him

cases must be won because they are meritorious not because of connections, clout, dominance and
influence
13.01 Duty not to extend extraordinary attention nor seek opportunity for cultivating familiarity with judges
protect the good name and reputation of the judge and lawyer; prevent misconstructions of motives on
the part of both the judge and the lawyer so as not to seriously affect the confidence of the people in
the judicial system
independence of judges must be protected at all times so that the administration of justice may not be
exposed to the destructive suspicions before the scrutinizing eyes of litigants and the public as a
whole
otherwise lawyer dishonors the profession and judge who consents to them is unworthy of his high
office
lawyer should not communicate or argue privately with the judge as to the merits of a pending
case; judges should only be impartial but should appear impartial
courts should administer justice free from suspicion of bias and prejudice
13.02 Duty not to make public statements in the media regarding pending case
public statements to arouse public opinion for or against a party generally condemned as it may
interfere with a fair trial in the courts and otherwise prejudice the due administration of justice
an ex parte reference to the facts should not go beyond quotation from the records and papers on file
in the court
test of contemptuousness is the character of the act done and its direct tendency to prevent and
obstruct the discharge of official duty
prejudicial trial by publicity; must allege and prove unduly influence on judge
lawyer equally guilty as the client if he induces the latter to cause the publicity
after the case if finished the courts are subject to the same criticism as other people
13.03 Duty not to invite outside interference in the judicial proceedings
when a case his already within the jurisdiction of a court the lawyer should not cause or seek
the interference of another agency of the govt to preserve the independence of judges

Canon 14. Duty to render legal service to the needy

needed involvement of practicing lawyers in the rendition of legal aid to the poor and indigent without
expecting ordinary attorney’s fees for their services; social obligation of every practicing lawyer
in consonance with the constitutional provision that free access to the courts and quasi-judicial bodies
 and adequate legal assistance shall not be denied to any person by reason of poverty
14.01 Duty to make available services regardless of status
shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of life
or own opinion of guilt
criminal cases only
inapplicable to civil cases as it his duty to counsel or maintain actions only as appear to him to
be just and such defenses only as he believes to be honestly debatable under the law
the administration of justice does not discriminate; should defend the accused by all fair and
honorable means that the law permits regardless of his personal opinion as to guilt for them he
assumes the character of a judge
not for the lawyer to adjudge the guilt of his own client who under the law is presumed
innocent thus not unethical to defend an accused
even upon discovery of guilt
must still continue with defense of client and use all fair arguments arising on the evidence and
see to it that due process is accorded to his client and he should not be punished for more
than what the law provides
if prosecution fails to prove guilt beyond reasonable doubt the client is legally entitled to
acquittal
however lawyer not bound to accept every case that is referred to him thus can decline if loaded
14.02 Duty not to decline appointment as counsel de officio or amicus curiae
duty to appoint a counsel de oficio rests upon the presiding judge
an accused no matter how financially destitute is entitled to be heard through counsel thus provided
with the opportunity to be represented by competent counsel
must see to it that thefunsamental rights of his client are more than sufficiently protected with a
reasonable zealousness to win the case within the bounds of the law
judges are cautioned from frequently appointing the same lawyer as counsel de officio
unfair to the attorney concerned considering the burden of his regular practice
compensation provided for might be considered by some lawyers as a regular source of
income which the Rule did not envision
accused can refuse a counsel de officio

amicus curiae- known to be an expert or knowledgeable on certain matters of law in regard to which
the judge may be doubtful or might go wrong; not a party to the action but may petition the court for
permission to file a brief; does not have the right to interfere with or control the condition of the record
and cannot assume the functions of a party
free legal aid on request of IBP- court may assign an attorney to render professional aid free of charge
if it appears the party is destitute and the services are necessary to secure the ends of justice and to
protect the rights of the party
14.03 Duty not to refuse representation of indigent clients
EXC can decline representation but not rendering of advice to protect rights in the meantime
not in a position to carry out the work effectively or competently- inexperience on the nature of
the case for which he is being engaged; entitled to competent representation and not doubtful
experimentation
conflict of interest between him and the prospective client or between a present client and a
prospective client
involves indigent clients who come to a lawyer for legal services
social obligation to render free legal service to the destitutes of society who cannot afford to hire the
services of lawyers; in line with the social justice provision of the Constitution and the right to free
access to the courts and quasi-judicial bodies
lawyer who pretends to be disqualified commits grave misconduct; CPR is not a request to lawyers
but an order from the highest court of the land to officers of the court
14.04 Duty to observe same standard of conduct for all clients
client becomes unable to pay: must still represent the client with utmost fidelity, competence and
diligence
degree of care and skill required of the lawyer is not affected by the fact that his services are rendered
gratuitously
volunteering services establishes lawyer-client relationship
no discrimination in rendition of service