FOUR-FOLD DUTY
- Society
- Profession
- Court
- Client
Steps to become a lawyer
- Pass the bar
- Take the oath
- Sign the roll
- Obtain a certificate allowing you to practice law
Rule 1.01
A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct
NOTARIAL PRACTICE
- Personal
- Vested with public interest; everyone has locus standi
Canon 2: A lawyer shall make his legal services available in an
efficient and convenient manner compatible with independence,
integrity and effectiveness of the profession
Rule on Mandatory Legal Aid Service
- Bar 2017 passers and later
- Needs 120 hours of free legal service within first year of
passing the bar
Rule 6.03
A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which
he has intervened while in said service.
- Matter – discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and
specific party and not merely an act of drafting, enforcing,
or interpreting government or agency procedures,
regulations etc
- Intervene – substantial intervention that must affect the
interests of parties
- If you hold a government position where being a lawyer is
a requirement, if you are disbarred, you are in danger of
losing the position; only protected positions are those
removable by impeachment
Prohibited acts and transactions under RA 6713
- Own, control, manage or accept employment in any
private enterprise regulated, supervised or licensed by
their office
- Engage in the private practice of profession unless
authorized by the Constitution or law
- Recommend any person to any position in private
enterprise which has a regular or pending transaction with
the office
- Accepting or having any family member accept
employment in a private enterprise which has pending or
official business
o Prohibition continues to apply 1 year from
resignation except the second one – but lawyers
cannot appear before the office where they used
to work
Generally speaking, a lawyer who holds a government office may
not be disciplined as a member of the Bar for misconduct in his
duties as a government official. BUT if said misconduct also
constitutes a violation of his oath as a lawyer, then he may be
disciplined by the Court as a member of the Bar.
Canon 22
A lawyer shall withdraw his services only for good cause and upon
notice in the appropriate circumstances.
Rule 22.01
A lawyer may withdraw his services in any of the following cases:
- Client pursues an illegal or immoral course of conduct in
connection with the matter
- Client insists that the lawyer pursue conduct violative of
the canon and rules
- Inability to work with co-counsel will not promote the best
interest of the client
- Mental or physical condition of lawyer renders it difficult for
him to carry out the employment
- Client deliberately fails to pay the fees for the services or
fails to comply with retainer agreement
- Lawyer is elected or appointed to public office
- Other similar cases
Tests to Determine Existence of Conflict of Interest
- Lawyer will be called upon to use confidential information
acquired through their connection against a client
- Lawyer is required to fight for an issue or claim of one
client, but is also duty bound to oppose it for another client
- Require attorney to perform an act that may injuriously
affect the first client or when called upon in a new relation
to use against the first any knowledge acquired through
their professional connection
- Prevent full discharge of an attorney’s duty to give
undivided fidelity and loyalty to the client or would invite
suspicion of unfaithfulness or double dealing
Quantum Meruit (TINS)
- Time spent and extent of services rendered
- Importance of subject matter
- Novelty and difficulty of questions involved
- Skill demanded of a lawyer
Other factors to determine according to Rule 20.01
- Probability of losing other employment
- Customary charges for similar services and schedule of
fees of the IBP chapter
- Amount involved in the controversy + benefits resulting to
the client
- Contingency or certainty of compensation
- Character of employment
- Professional standing of the lawyer
Substitution of Lawyers
- Written application of new lawyer
- Written consent of client
- Written consent of old lawyer
Indigent
- A person who has no visible means of income or whose
income is insufficient for the subsistence of his family
MCLE
- To keep abreast with the law
- Maintain ethics
- Enhance standards
Rule 6.01
The primary duty of a prosecutor Is not to convict but to see that
justice is done.
- Factors that establish attorney-client relationship
o Legal advice of any kind is sought
o From a professional legal adviser in such
capacity
o Communications relating to that purpose
o In confidence by the client
o Permanently protected from disclosure by
himself or the legal advisor
o EXCEPT if protection is waived
- Lawyers are generally allowed to do business with clients
but also disfavored for lawyers are put in a position where
they can easily take advantage of their clients, thus under
strict scrutiny by courts
JUDICIAL ETHICS
Qualities of a judge
- Independence
- Integrity
- Impartiality
- Propriety
- Equality
- Competence and diligence

Members of the Judge’s family

- Spouse
- Children
- Children-in-law
- Any relative within the 6th civil degree by affinity or
consanguinity
- Companion or employee of the judge who lives in his
household

Grounds for Inhibition

- Actual bias or prejudice or personal knowledge of disputed
evidentiary facts
- Previously served as a lawyer or a material witness in the
matter
- Judge or family member has economic interest in the
outcome of the case
- Served as executor, administrator, guardian or trustee
- Judge’s ruling in the lower court is the subject of review
- Related to a party litigant
- Knows his or her spouse or child has a financial interest or
any other interest that could be substantially affected by
the outcome
- Parties may agree in writing that the reason for the
inhibition is immaterial or unsubstantial  judge may
participate in the proceedings
Direct Contempt
- Misbehavior in the presence of so near a court as to
obstruct or interrupt the proceedings before the same
- Disrespect toward the court
- Offensive personalities toward others
- Refusal to be sworn or to answer as a witness
- Refusal to subscribe an affidavit or deposition when
lawfully required
- Penalty:
o RTC or higher – 2k, 10 days
o MTC – 200,1 day

Indirect Contempt (MDA-FAIR)

- Misbehavior of an officer in the performance of duties
- Disobedience to lawful writ, process or order
- Abuse or unlawful interference with the processes or
proceedings of a court not constituting direct contempt
- Any improper conduct tending to impede, obstruct or
degrade the administration of justice
- Assuming to be an attorney or office of the court without
authority
- Failure to obey a subpoena
- Rescue or attempted rescue of a person or property in the
custody of an officer by virtue of an order of court