THE LAWYER AND THE LEGAL PROFESSION
03 – A lawyer shall not engage in conduct that
In a nutshell:
- Uphold the integrity and dignity of the legal
profession and support the IBP
- Be courteous, fair and frank to fellow lawyers
- Not to assist in the unauthorized practice of law
- Not to encroach upon the employment of another
lawyer
CANON 7. A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION, AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR
Canon 7.01 – A lawyer shall be answerable for
knowingly making false statement or suppressing a
material fact, in connection with his application for
admission to the bar
Consequences:
 Discovered before the candidate could take the Bar
Examinations: he will be denied permission to take
the Bar
 Discovered after passing the Bar Exam but before
having taken his oath: he will not be allowed to take
his oath as a lawyer
 Discovered after the candidate had taken his oath as
a lawyer: his name will be stricken from the Roll of
Attorneys
In Re: Ramon Galang (66 SCRA 282)
Under oath: “He has not been charged with any offense
before a Fiscal, Municipal Judge, or other officers; or
accused of, indicted for or convicted by any court or
tribunal of any crime involving moral turpitude; nor is
there a pending case against him.” But he intentionally
withheld his criminal case of slight physical injuries
which was still pending.
He was allowed to take the Bar 7 times due to such
concealment and allowed to take his oath on 1972.
LICENSE REVOKED.
 If what is concealed is a crime not involving
moral turpitude, concealment is itself evidence
of sufficient lack of moral character.
Canon 7.02 – A lawyer shall not support the
application for admission to the bar of any person
known by him to be unqualified in respect to
character, education or other relevant attribute
 A 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 (Canon 29, CPE)
 Violation makes a lawyer liable for disciplinary
action; gross misconduct in office. (Rule 138, Sec. 27,
ROC)
Canon 7.
adversely reflects in his fitness to practice law nor
shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession
 Commission of unlawful act though not related to the
Integrated Bar Bar Associations
Compulsory Voluntary
Sine qua non to the
No
practice of law
Violation on rules of
integration is sufficient
No
cause for disbarment of
suspension
Shall not operate at
cross-purposes with the
IBP (should not obstruct
or defeat the purpose of
IBP)
discharge of professional duties which puts his moral
character in serious doubt, renders him unfit to
continue practicing law.
 Right to privacy is not a defense
INTEGRATED BAR OF THE PHILIPPINES (Rule 139–A,
Rules of Court)
 Official state organization requiring membership and
financial support of all attorneys as a condition
precedent to the practice of law.
 National organizations of lawyers (IBP) created
January 16, 1973 pursuant to Rule 139-A ROC
 Constituted as body corporate by the issuance of P.D.
181.
In Re: Edillon, 84 SCRA 554
Is Bar Integration constitutional?
 Valid exercise of police power over an important
profession
 Legal practice not a right but a privilege
 SC has plenary power in all cases regarding the
admission to and supervision of the practice of law
 Not violative of the freedom of association. Integration
does not make a lawyer a member of any group of
which he is not already a member
 Only compulsion is the payment of annual dues; cost
of improving the profession should be shared by the
subjects and beneficiaries of the regulatory program,
the lawyers.
 The provisions of Rule 139-A of the Rules of Court
ordaining the integration of the Bar of the
Philippines and the By-Laws of the Integrated Bar of
the Philippines is neither unconstitutional nor illegal,
and a lawyer's stubborn refusal to pay his
membership dues to the Integrated Bar of the
 Philippines, notwithstanding due notice, in violation
of said Rule and By-Laws, is a ground for disbarment
and striking out of his name from the Roll of
Attorneys of the Court.
Santos vs. Llamas, AC No. 4749
 The exemption granted by RA 7432 to senior citizens
from paying individual income tax does not exempt
lawyers who are likewise senior citizens from paying
IBP dues and privilege tax.
 Llamas can engage in the practice of law only by
paying his dues, and it does not matter that his
practice is "limited."
 By indicating "IBP-Rizal 259060" in his pleadings
and thereby misrepresenting to the public and the
courts that he had paid his IBP dues to the Rizal
Chapter, respondent is guilty of violating Canon 1.01
and Canon 7.
 Llamas' failure to pay his IBP dues and his
misrepresentation in the pleadings he filed in court,
indeed merit the most severe penalty. However, in
view of his advanced age and his express willingness
to pay his dues and plea for a more temperate
application of the law, the penalty of one year
suspension from the practice of law or until he has
paid his IBP dues, whichever is later, is appropriate.
CANON 8. A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR TOWARD
HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL
Canon 8.01 – A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
otherwise improper
 Should be observe even in the pleadings that the
lawyers file
 Forceful but dignified, emphatic but respectful
 Clients, not the lawyers, are litigants
Canon 8.02 – A lawyer shall not, directly or indirectly,
encroach upon the professional employment of
another lawyer; however, it is the right of any lawyer,
without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or
neglectful counsel
 A lawyer should not steal clients
 A lawyer shall not negotiate with the opposite party
who is represented by a counsel, without the latter’s
knowledge or presence
 A lawyer may however interview any witness or
prospective witness of the adverse party
CANON 9. A LAWYER SHALL NOT DIRECTLY OR
INDIRECTLY ASSIST IN THE AUTHORIZED PRACTICE
OF LAW
 Only those licensed by the SC may practice law
in this country.
Canon 9.01 – A lawyer shall not delegate to any
unqualified person the performance of any task which
by law may only be performed by a member of the Bar
in good standing
 Delegation to a non-lawyer, or to a disbarred lawyer,
suspended lawyer, alien lawyer --- UNETHICAL
 Is delegation of task to a para-legal allowed?
- What does a para-legal do? Research, drafts
pleadings, drafts paper work. Under Cayetano
vs. Monsod case, functions of a para-legal are
within the definition of the practice of law. But at
the end of the day, the legal work done by a
para-legal is a work-product of the lawyer’s
whose name and signature is on the paper work.
Canon 9.02 – A lawyer shall not divide or stipulate to
divide a feel for legal services with persons nit licensed
to practice law, except:
a) Where there is a pre-existing agreement with
the partner or associate that, upon latter’s
death, money shall be paid over a reasonable
period of time to his or to the persons specified
in the agreement;
b) Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
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 arrangement.
 No sharing of legal fees to:
- Non-lawyer
- Unqualified person
 To ensure that legal work is being done by
the lawyer personally
 Letter (b) means that the lawyer who completed the
legal business can share the legal fees to the estate of
the deceased lawyer.
CANON 10: A LAWYER OWED CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
Rationale: burden on the judiciary would be intolerable if
it cannot take at face value what is asserted by counsel.
Rule 10.01- A lawyer shall do no falsehood, nor
consent to the doing of any in court; nor shall he
mislead or allow the court to be mislead by any
artifice.
Cases of Falsehood:

 Raising issues long laid to rest by a final and
executor judgment
 Making it appear that a person, long dead,
executed a deed of sale in the lawyer’s favor
 Denying having received the notice to file brief
which denial is belied by a return card
 Presenting falsified documents before the court
HUEYSUWAN VS FLORIDO A.C NO 5624, Jan. 20, 2004
Rule 10.02 – A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or
the argument of the opposing counsel, or the text of, a
decision of authority, or knowingly cite as a law a
provision already rendered inoperative by appeal or
amendment, or assert as a fact that has not been
proved.
QUOTATION OF DECISION
 Must be verbatim
 Provide the proper citation
 Do not quote the syllabus
Rule 10.03 – A lawyer shall observe the rules of
procedure and shall not misuse them to defeat the
ends of justice
Litigation is not a game of technicalities
ETERNAL GARDENS MEMORIAL PARK VS CA, GR NO.
123698, AUG 5, 1998
To thwart the execution of judgment which has long been
rendered final and executor, petitioner resorted to:
First, opposing the writ of possession in favor of Sps.
Seelin before the RTC by filing MFR, petition to CA,
petition denied, MFR, petition to SC, petition denied,
MFR, denied;
Second, petition for certiorari before CA, denied, MFR,
denied; Petition for review before SC, denied, MFR,
denied;
Third, same as second.
In the meanwhile that the case was protracted and
execution delayed due to the unmeritorious petitions of
petitioner, the case has dragged on for 17yrs., wherein
interment on the parcel of land has taken place,
rendering execution in favor of Sps. Seelin impossible.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
 Lawyer’s first duty is to the court.
 Not only to judges but also to judicial officers
who take part in the judicial work.
 Obedience to court orders and processes.
 Criticism must be bona fide and must not spill
over the walls of decency.
IN RE: ALMACEN, 31 SCRA 581
Rule 11.01 - A lawyer shall appear in court properly
attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
IN RE ARGUAS, 1 PHIL. 1
The instructed witness not to look at defendant’s lawyer
but instead focus his attention on the former. When the
witness did not give heed to the warning, judge arose
from his seat and grabbed the witness by the shoulder..
Lawyer asked that the incident be placed on the record,
was held in contempt.
SC ruled that such act of insisting that the matter be
placed on record is not contemptuous. Lawyers must
however be courageous enough to expose arbitrariness
and injustices of judges.
WICKER VS ARCANGEL, GR NO. 112869, JAN. 29, 1996
IN RE ALMACEN, GR NO. L-27654, FEB. 18, 1970
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.
Proper Authorities:
1. Supreme Court
2. Office of the Ombudsman- MACEDA VS
OMBUDSMAN, GR NO. 102781, APRIL 22, 1993
3. HR and Senate- for SC Justices (impeachable
officers)
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and the
facts of his case, the evidence he will adduce and the
order of its preferences. He should also be ready with
the original documents for comparison with the
copies.
If you are newly hired counsel who appears in a case in
midstream?
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.
Forum-Shopping
As a result of or in anticipation of adverse opinion in one
forum, a party seeks favorable opinion in other forum(s)
on the gamble that one will render a favorable
disposition.
Elements of forum- shopping:
 Same parties
 Same cause of action
 Same issues
 Same reliefs (relate to res judicata and litis
pendentia)
What are the evils of forum-shopping?
 Duplication or multiplicity of suits
 Double or multiple vexation of lawsuits arising
from only one cause of action
 Clogging of court dockets
 Waste of time, energy and resources
 Reprehensible manipulation of court processes
and proceedings
 May result in tribunals rendering conflicting
rulings.
How do the courts seek to prevent forum-shopping and
what are the sanctions for non-compliance?
Sec. 5, Rule 7, ROC: CERTIFICATION OF NON_FORUM
SHOPPING in initiatory pleadings signed by the party, not
the lawyer. Otherwise:
 Failure to comply not curable by amendment
 Dismissal without prejudice, unless otherwise
provided, upon motion and after hearing
 Submission of a “false
certification/noncompliance with any of the
undertakings therein-indirect contempt of court,
administrative and criminal sanctions
 Willful and deliberate forum-shopping-summary
dismissal with prejudice, direct contempt,
administrative action
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgement or misuse Court
processes.
NUNEZ VS ATTY. RICAFORT, AC NO. 5054, MAY 29,
2002
Rule 12.05 - A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while the
witness is still under examination.
 To prevent lawyers from teaching or coaching
witness to testify in his favor or to rectify some
mistakes or statements damaging to his cause
 In the last analysis, to uphold the truth
Rule 12.06 - A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.
 Lawyer should do no falsehood nor consent to
the doing of any in court
Criminal Liability:
 Witness: false testimony (Art 281, 282, 283 RPC,
depending upon the nature of the case)
 Lawyer: offering false testimony in evidence
(Art. ___, RPC); criminal and administrative
liability
Rule 12.07 - A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
What are the rights of the witness under the Rules of
Court? Sec. 3, Rule 132, ROC
 To be protected from irrelevant, improper or
insulting questions and from harsh and insulting
demeanor
 Not to be detained longer than the interests of
justice requires
 Not to be examined except only as to matters
pertinent to the issue
 Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law
 Not to give an answer which will degrade his
reputation, unless it be the very fact at issue or
to a fact from which the fact in issue unless
would be presumed. But a witness must answer
to the fact of his previous final conviction for an
offense.
Rule 12.08 - A lawyer shall avoid testifying in behalf of
his client, except:
a) On formal matters, such as the mailing,
authentication or custody of an instrument,
and the like, or
 b) On substantial matters, in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony,
entrust the trial of the case to another
counsel.
SANTIAGO VS ATTY. RAFANAN, AC NO. 6252, OCT 5,
2004
CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
REASON?
 to protect the good name and reputation of both
lawyer and judge
 to avoid misconstruction of motive so as not to
seriously affect the confidence of the litigants
and the public in general on the courts and
justice system
Lantoria Case
Defenses of the Lawyer:
D1. “Draft Decisions were at best recommendatory on
the judge. The Judge is free to disregard the draft
decisions, to modify or whatever he wants to do.”
 Is that a proper defense? NO. Any propriety,
which tends to influence or gives appearance of
influencing the court.
o It means actual influence on the judge is
not necessary as long as there is the
APPEARANCE of having influencing the
judge, it is already sufficient.
o The draft decisions of Lantoria had the
appearance of influencing the court.
D2. “Complainant is in pari delicto (EQUALLY GUILTY),
Lantoria did not come to court with clean hands.”
Lantoria was the client of Bunyi. He is a manager
of a certain property (subject of the litigation), and he is
representing the owner of the property. They really are
in the same side in the ejectment case. According to
Bunyi, it was Lantoria who made him write the draft
decisions. It was Lantoria who asked the judge. He
instructed Bunyi and the latter did as instructed.
Once he was done with the decisions, he gives
the them to Lantoria who will also deliver to the judge.
Lantoria is equally guilty.
Held:
 The defense of in pari delicto is not applicable
in administrative cases.
*What is the concern of Administrative Cases?
 Whether a lawyer has committed an ethical
violation? What is protected then is the public
interest.
 Administrative case does not concern with
private rights and interests of the parties.
 It has nothing to do with quarrels among the
parties
13.02 – A lawyer shall not make public statements in
the media regarding a pending case tending to arouse
public opinion for or against the party
Evil sough to be avoided by the rule: TRIAL BY
PUBLICITY; tending to arouse the media; fair trial in the
courts may be hampered or interfered with
Trial by Publicity – when there is overwhelming public
opinion regarding the case
*Who tries and decides cases? Judge, based on facts and
law presented in the court room and none other.
Effect of Trial by Publicity – Judge no longer decides
independently based solely on facts, evidence and law
but also his decision is not tainted with overwhelming
public opinion
Q: There are sensational cases we always hear about in
the news that have been publicized, so many blogs about
it, status updates, etc. Is there trial by publicity?
A: YES
Q: When does it becomes a legal ethics issue?
A: If the source of the publicity is a lawyer.
-if the source is the media practitioners – that is
just their job. The CPR does not include them
Q: What about the Lawyers you see in the news being
interviewed about their cases and then answering the
questions? Is there violation of 13.02?
A: It depends on what the statements are.
 Is there tendency to arouse public opinion
against a party?
Q: What if there is an effect of inciting the public opinion?
Of course, you cannot expect the lawyer in the news to be
biased to give statements favorable to his client.
A: One option is to say NO COMMENT. Another is to
answer, how do you answer in a safe way? DO NOT GO
BEYOND A SIMPLE QUOTATION OF YOUR PLEADINGS,
DO NOT GO BEYOND STATING YOUR ARGUMENTS,
EVIDENCES ALREADY CONTAINED IN FILED
PLEADINGS.
There is no danger of publicity there because the
judge already know what you are stating about. You can
answer as long as it does not go beyond what is
manifested in the court.
Estrada vs Sandiganbayan
 Atty. Paguia is the counsel for Estrada. They had
several pending petitions before the Supreme Court.
Among the contentions they raised is the
constitutionality of GMA’s assumption to presidency.
Paguia questioned the impartiality of the Supreme Court
because according to him the SC has pre-empted itself by
participating the oath taking of GMA as president. They
impliedly announced that GMA is the rightful president.
What made this wrong is that Paguia did not
limited his arguments within the court forum. He also
used broadcast and print media.
 The situation during the EDSA II was volatile, the
lawyer’s public statement in the media did not
improve the situation – it made it worst.
 He was suspended indefinitely for violation of
13.02
13.03 – A lawyer shall not brook or invite interference
by another branch or agency of the government in the
normal course of judicial proceedings. - SELF-
EXPLAINATORY
It is consistent of the independence of the
judiciary. Lawyers must respect the independence of the
court and must therefore not invite other agencies or
other branches of the government to interfere in normal
judicial proceedings.
LAWYER AND THE CLIENT
14.01 – A lawyer shall not decline to represent a
person solely on account of the latter’s race, sex, creed
or status of life, or because of his own opinion
regarding the guilt of said person.
Q: Are lawyers compelled to accept cases then?
A: What is merely prohibited in 14.01 is the refusal of
cases based solely on those grounds (sex, race, creed or
status of life or his opinion). If that is your only grounds,
it is unethical.
Q: What if you do not think that the client is guilty? You
know for CERTAIN that he is guilty because he admitted
the crime to you. Can you refuse to be his defense
lawyer?
A: Still, NO. If that is your only reason, it is not justifiable.
Otherwise, trial has not been started the lawyer has
already convicted the client. He has now assumed the
character of the judge.
 There is also a danger that an innocent person
who are victims only of suspicious circumstances
might be in danger of denied of proper defense.
*The Law should defend by all means that the law
permits regardless of his personal opinion. Study if you
have defenses in your favor, grounds to dismiss the case
even if he is guilty.
 Court has no jurisdiction
 The crime has prescribed
 Information does not state his guilt
 Double-Jeopardy
 Maybe you have mitigating circumstances
available in your favor – assuring your client to
have lower penalty
 If after trial you will know that your client is
guilty. But there’s just no proof beyond
reasonable doubt, then fight for the acquittal for
your client.
*continue with the defense and use all fair and honorable
means of doing so, see to it that due process in observed
and that the client is according with a correct penalty
Q: What if your reason of declining is based on Religious
Reasons?
A: Perhaps, YES. Because it's not any of the grounds.
 BUT, it’s different when you are a judge. You
cannot allow your Religious Beliefs to prevail the
settle law and jurisprudence.
Q: Is this rule applicable to Civil Cases (14.01)?
A: Not applicable. In Civil Cases, it is the lawyer’s duty to
counsel or maintain such actions or proceedings only as
appear to him to be just and such defenses that he
believes are debatable under the law.
The lawyer’s signature in the pleading is deemed
as a certification by him that he has read the pleading,
that to the best of his knowledge, information and belief,
there is good ground to support it.
14.02 – A lawyer shall not decline, except for serious
and sufficient cause, an appointment as counsel de
oficio or as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its chapters
for rendition of free legal aid. - SELF-EXPLAINATORY
If you are appointed as counsel de officio or amicus
curae, do not decline except you have efficient cause
GR: DO NOT DECLINE
BUT!!!
Q: Can an accuse refuse a counsel de officio?
A: YES. He may want to defend for himself or hire
another counsel of his own choice, the court can give him
reasonable time to find a lawyer of his own choice.
 BUT the criminal case cannot be at the mercy of
the accused. Let’s say he asks for extension of
time to find a lawyer of his own choice. Judge
postpone the arraignment of the case, set to
another date. When that day comes, and still no
lawyer. 3x ni nya gibuhat pero wa gihapon.
 Q: Can the court compel him to have a
counsel de officio? YES, because the case
cannot be at the mercy of the accused.
Q: Can the judge assign a lawyer to give free legal aid to
destitute or indigents in Civil Cases?
A: YES, under Sec. 21 Rule 138 – it is allowed even in civil
cases where the services of counsel are needed to attain
the ends of justice.

14.03 A lawyer may not refuse to accept
representation of an indigent client, unless:
a) he is in no position to carry out the work effectively
or competently;
b) he labors under a conflict of interest between him
and the prospective client or between a present client
and the prospective client;
GR: do not refuse a case of an indigent
EXCEPTIONS:
A – SELF-EXPLAINATOR
B – he labors under the conflict of interest between
him and the prospective client or between a present
client and the prospective client
Conflict of Interest – when the lawyer would argue a
claim on one hand and would have to argue the defense
against such claim on the other hand.
One essence of the attorney client relationship is the
LOYALTY to the client. What loyalty is there if you argue
for a client and later argue for the defense against his
claim? – You can only be loyal to one side of the
controversy.
- You cannot serve both sides of the Controversy
14.04 – SELF-EXPLAINATORY
same degree of diligence should be given to paying
and non-paying clients
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
15.01 – A lawyer in comparing with the perspective
client shall ascertain as soon as practicable whether
the matter would involve with another client or of his
own interest and if so shall forthwith inform the
prospective client.
You are talking for prospective client and when
he tells you his story, you realize that his interest is
adverse to an existing client of yours. What should you
do? - Under 15.01, you immediately tell the client to stop
disclosing further information. Tell him honestly that
there is potential conflict of interest and that you cannot
take his case.
It would be unethical if after detecting that his
interest is adverse to a client of yours and then you
encourage him to disclose. There is an abuse of the
situation; you are giving yourself an opportunity to know
that other party’s strengths and weaknesses of his case.
You can use it to the prejudice of that prospective client.
MEJIA vs REYES
Atty Reyes was counsel and notary public of PNP, in such
capacity he handled a case of PNP vs a certain MEJIA.
Meija lost and wanted to appeal, at reyes advice meija did
not push through with his appeal later on meija learned
that the accused was PNPs council. The act constitutes
malpractice.
15.03 A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him
by a prospective client.
A lawyer shall not represent conflicting interests
except by written consent of all concerned given up
after full disclosure of the facts.
-Important – we know that lawyers cannot represent
conflicting interests.
EXCEPT:
 By written consent by all concerned given up the
full disclosure of the facts
EX: you are a defense counsel in a criminal case. Accused
are 2 brothers – accused of homicide. You have been the
long time lawyer of the family of the 2 brothers. In the
course of the trial, the prosecution gets hold of the
evidence pointing the innocence of A and the guilt of B. A
may have information to incriminate B.
What prosecution did is that they dropped A as
an accused and used him as a witness against B. Can this
be done? YES, the court grants it so A is no longer an
accused but is now a hostile state witness.
Q: Can you still represent both A and B? There interest
now have became adverse. A will now have to testify
against B, as counsel of the latter you must prove his
innocent. What should you do?
A: (1) You tell A and B that you can no longer their
lawyer because your interest are not adverse, etc…
(2) If A and B says that he trusted you that you can still
represent them without prejudicing their separate
interests. – YOU CAN STILL BE THEIR LAWYER.
*YES, PROVIDED THAT THE LAWYER GET THEIR
WRITTEN CONSENT
 Verbal consent is not enough, IT MUST BE
REDUCED TO WRITING.
Representing Conflicting Interest – Criminal offense,
you study the betrayal of public trust (Art. 309 of the
RPC)
Let’s say you’re a lawyer and then the governor
wants to hire your services. The governor tells his case,
narrates to you his story and then ask you, “what do you
think attorney?” You give your legal advice, after
listening to your legal advice; the governor decides not to
hire you. “Attorney, lahi man tag ganahan mahitabo, I
decided not to hire you. Bye”
The next day, the mayor visits you. He tells you
his story, you immediately realize that the mayor is the
adverse party in the governor’s story. You gave your legal
opinion, he is happy and decided to hire you.
Q: Can you take the case of the mayor?
A: In Hilado vs David, the Supreme Court said that the
lawyer need not be employed, he need not even be
paid. The duty not to represent the conflicting interest is
already there. MERE CONSULTATION SUFFICES TO
ESTABLISH A LAWYER CLIENT RELATIONSHIP. There
being such relationship, there is already the duty not to
represent a conflicting interest.
 It does not matter if it is the lawyer’s fault that
he was not hired by the governor. It is of no
moment.
Q: What if the Attorney-Client Relationship has been
terminated? The lawyer is fired; the client dies. Is the
duty still there not to represent conflicting interest?
A: YES, the duty outlasts the relationship.
Northwestern University Case
There were many labor cases consolidated into
one case. There were many complainants, Atty Arquillo
represented them. There were also many respondents,
but Arquillo also represented one of them. He is
convinced that there is no conflict of interest because the
complainants and that one respondent were similarly
situated. They were on the same side.
His argument seems to be correct because when
the labor court rendered decision, it really found that
that one respondent that he represented was not guilty of
the charge, only the other respondents. Hence, there was
a little legitimacy of his claim.
But it did not convince the Supreme Court, still
there is representation of conflicting interest. No matter
how convinced the lawyer that his clients are on the
same side, the mere fact that as counsel for complainants
he filed the complaint and as counsel for that one
respondent he filed a motion to dismiss his own
complaint. And as counsel for the complainants, he filed
an opposition to the motion to dismiss.
So you have spectacle of a lawyer filing pleadings
against his own pleadings. It necessarily show that there
was really a conflicting interest in the case no matter how
convinced he is that his clients are on the same side.
Artezuela vs Maderazo
You have lawyer for complainant preparing the
answer, he did not admit but it was shown that the
answer was printed in his law office. His defense was: he
is not the counsel for record for both parties so he
could not be representing conflicting interests.
Supreme Court did not like this argument, if we
have to inquire a lawyer to be counsel of record for both
parties before there is representing conflicting interest
then we are only punishing the most obvious forms of
treachery. Usually, when a lawyer represents conflicting
interest, it is done in the most covered, most secret
manner. You do not really put it on record that you are
representing both parties. So the mere fact that in his
own law office, the answer was prepared as well as
printed, even without the admission from the lawyer
there is already the appearance that the lawyer is not
loyal, not faithful to his client’s cause
PNB vs Cedo
We have a PNB lawyer who after living PNB
accepted cases involving parties against PNB and
involving transactions in which he had intervened while
he was connected with PNB.
15.02 - A lawyer shall be bound on the rule on the
privilege communication in respect of the matters
disclosed to him by a perspective client
 This is another instance of loyalty to the client
 It’s like going to a confession, you can expect that
the priest cannot divulge whatever sins you have
confessed. Just like lawyer and client, it is like a
virtual confessional seal of the client secrets and
confidences.
Q: What form of communication are covered?
A: ALL. Oral, Written, text messages, email, private
messages. When a client tell a lawyer, whatever advices
the latter give are privileged.
Rule 15.02 talks about the rule on privilege
communication.
Q: What is this rule and where do we find this?
A: Found in Sec. 24 Rule 130 of the Rules of Court.
An attorney cannot, without consent of his client,
be examined as to any communication made by the client
to him or his advice given thereon in the course of OR
WITH A VIEW TO PROFESSIONAL EMPLOYMENT.
This tells us that attorney client relationship
already exist even if it is still during consultation. The
client need not hire the lawyer in the end or the lawyer
need not take the case, as long as there have been
communication with a view to professional employee
Q: When can a lawyer disclose?
A: Only with a consent of his client. Without his client’s
consent, a lawyer cannot be compelled to answer
questions on the witness stand and what the lawyer
need only invoke this rule. The communication is
practically untouchable.
 Extension: The privilege extends also to other
people: to the lawyers’ secretary, stenographer,
clerk – legal staffs of the lawyer cannot be also
compelled for disclosure.
 Q: When can they disclose? Who must give
consent?
 A: This time, 2 people must consent: the client
and the lawyer.
Q: Are pleadings confidential?
A: Before they are filed in court, they are confidential.
Yes. Before they are filed in court.
LIMITATIONS TO CONFIDENTIAL PRIVILEGE – not all
communications are privileged.
Basic Limitations:
1. The purpose must be to seek legal advice
 Let’s say the lawyer and his client, wa sila date
pag valentines, they had drinking spree.
Nahubog na ang client, nahambugiro na. “You
know attorney, every time I go abroad I always
bring with me local celebrities and starlets as my
dates. That’s how I get away with my wife. To
escape my reality.” So the lawyer says, “I know
you’re rich, you’re a bank manger but not that
rich that you can afford such vices.” The client
says, “I get money from the bank. And I’m not
worried about it because in few months, I will be
resigning and be long gone. No one will even
notice.”
 Q: Is it communication privilege?
 A: NO. It was not for the purpose of seeking legal
advice. Storya ra to sa hubog. The lawyer can be
compelled to testify in court as to the
contents of the communication.
2. It does not extend to communication of future
crimes
 The client talks to his lawyer, “Attorney, 1 ra
man jd ang witness nako noh? I already made
arrangements, I plan to kill him.” True enough,
lawyer heard of the incident. He confronted his
client, the latter admitted.
 Q: Can the lawyer testify against the client
regarding the plan? But its already done. What
time should you be looking at?
 A: At the time the communication was made, if it
is still a future crime. It is not covered by the
privilege communication. A person committing
or about to commit a crime can have no privilege
witness. Communication must be for a lawful
purpose or in furtherance of a lawful end.
Otherwise, if the purpose is criminal, it is not
only lawful to divulge but the lawyer should be
bound to disclose at once in the interest of
justice.
o Privilege also apply to law students
under Law Students Practice Rule.
When you reach 4th year, you will be
handling cases but remember that the
privilege also apply to you. Don’t go tell
people about your case.
Two – Fold Purpose of the Rule:
1. To encourage clients to fully disclose to the lawyer
without fear.
 If there is not attorney-client privilege, there is
not man in right mind would make full
disclosure to the lawyer if the latter can just
blackmail him anytime. Or use that information
against the client.
2. To enable counsel to obtain information so as not
to be mislead in the evaluation of the merits or
demerits of the client
 A lawyer can only have a true appreciation of the
client’s case if he knows all the pertinent facts.
And only if the lawyer can know the pertinent
facts that he can arrive for workable strategy on
how to manage and handle the case.
 So if the client withholds valuable information,
that can be the skew of the lawyer’s picture of
the case. And it is unfair on the part of the
lawyer.
 To know a valuable information the first time the
client testifies, there is a danger that all the
strategy is thrown out of the window kay
mausab tanan if d sya kahibaw.
 2 Fold Purpose: In favor of both lawyer and
client
Regala vs Sandiganbayan – long case, focus your
readings on whether or not the identity of the client
is covered by attorney-client privilege. Dili ba that
the privilege only covers the communication
between them or does it also involve even to the
extent of not disclosing the client’s identity?
*If your answer is YES, is there exceptions? If NO,
exceptions?
Verbatim from the Case:
GR: Lawyers may not refuse to divulge the identity of
his client
As a matter of public policy, a client's identity
should not be shrouded in mystery:
1. The court has a right to know that the client whose
privileged information is sought to be protected in
flesh and blood.
2. The privilege begins to exist only after the attorney-
client relationship has been established.
3. The privilege generally pertains to the subject matter
of the relationship
4. Due process considerations require that the
opposing party should, as a general rule, know his
adversary.
EXCEPTIONS
1. When there is a strong probability exists that revealing
the client's name would implicate that client in the very
activity for which he sought the lawyer's advice.
2. Where disclosure would open the client to civil
liability.
3. Where the government's lawyers have no case against
an attorney's client unless, by revealing the client's name,
the said name would furnish the only link that would
form the chain of testimony necessary to convict an
individual of a crime.
Other Exceptions
-the content of any client communication to a lawyer lies
within the privilege if it is relevant to the subject matter
of the legal problem on which the client seeks legal
assistance
-where the nature of the attorney-client relationship has
been previously disclosed and it is the identity which is
intended to be confidential, the identity of the client has
been held to be privileged, since such revelation would
otherwise result in disclosure and the entire transaction.
*information relating to the identity of a client may fall
within the ambit of the privilege when the client's name
itself has an independent significance, such that
disclosure would then reveal client confidences.
Rule 15.04 - A lawyer may, with the written consent of
all concerned, act as mediator, conciliator or
arbitrator in settling disputes.
Rule 15.05 - A lawyer when advising his client, shall
give a candid and honest opinion on the merits and
probable results of the client’s case, neither
overstating nor understating the prospects of the case.
 The lawyers says, “it very difficult to prove.
Ayaw lang jd pagdahom nga mudaog kay lisud,
apiki.”
 This time, it’s UNDERSTATING. You are
subjecting the client to impossible levels of
stress. Just like ordinary client, he would likely
seek for 2nd, 3rd, 4th opinions.
o What if the subsequent lawyer gives him
an honest opinion, so did the 3rd and 4th.
o What would the client think of the 1st
lawyer? “kaBOGO ato nya oi!”
*But even though how easy a case is, DON’T PROMISE
A VICTORY. You don’t see that in the CPR but for
practical reasons lang ba. It’s suicide if you do. But if
its not easy case, you also give your client your
honest opinion.
 You can do that in a subtle way without
promising any victory by telling him the strength
and weakness of the case. It’s up to the client to
think the outcome.

15.06 - A lawyer shall not state or imply that he is able

This is an instance of candor
to influence any public official, tribunal or legislative
 Do not sugar coat, do not over state, do not
body.
understate the merits of the case.
“Ay labor case d.i ni, ay kabalaka kay kanang mga
There’s a shooter, shot a man in the middle of a
labor arbiters diha kay ako nang mga amigo tanan” –
busy street in colon. Many witnesses at least 50 who
UNETHICAL
were able to identify the shooter and willing to testify.
They have executed respective affidavits. Plus the
15.07 – A lawyer shall impress upon his client
shooting was also captured by 10 CCTV cameras.
compliance with the laws and the principles of fairness
The shooter goes to you, that he shoot a man in
colon but does not have a defense. He discloses all
This brings us our previous lesson: Who controls the
evidences against him. Lawyer say, “don’t worry, it’s a
case? The lawyer controls the case, no matter how
criminal case and we can always have those evidences
powerful your client maybe (wealth or political figure
excluded for one reason or another. Don’t worry, you will
or goons). It could be intimidating but always remember
not go to jail”
that on matters of law, the lawyer prevails over the client
and should not allow the client to dictate the case.
Q: Is that overstating or understating?
A: Overstating, it is in reality a very difficult case. No
Wicker vs Arcangel
defenses and the evidences are all against you.
“I was just Lawyering. I was just serving as a
 Can you exclude those evidences? – the are not
mouth piece of my client” - UNTENABLE ARGUMENTS
fruits of a poisonous tree. They are not seized
evidences. There is a slim chance that you could
Lawyers should advice client on matters of decorum
exclude them so it’s a difficult defense. THE
and proper attitude towards courts of justice
LAWYER MADE IT SEEM EASY. – THAT’S
 Let’s say the lawyer must curve the client’s
OVERSTATING
desire to publicize the litigation.
 You gave false hope to the client and to you the
“I have so many friends in media, Atty. If you want we can
lawyer – you gave yourself impossible levels of
assassinate the character of the adverse party and his
stress and pressure to win because you have
lawyer overnight” – trial for publicity is prejudicial to
promised a victory.
the administration of justice.
o Because you are pressured, the lawyer
might resort to extra-legal means just to
 Curve the clients desire to match on the
win.
streets and rally.
o If you lose – What will the client think of
There’s a particular case where a union has a
you? – INCOMPETENCE
pending appeal in the CA and dugay na kaau, wala pa juy
action sa CA. so the Labor Union went to their lawyer,
*Let’s say that the victim’s family seeks your legal
that he will stage a picket before the CA to remind them
advice – THE SAME SITUATION
of their case and position.
 The lawyer advised them to pursue with the picket
because it is their right to peaceably assemble, it is also
an exercise of their freedom of speech and expression.
Supreme Court held that it is UNETHICAL for the
lawyer to make such advice. Picketing and Rallying
before courts and any other quasi-judicial agencies are
forms of influence on such forum.
*Remember that even the appearance of
influencing the court is already unethical. You do
not prove actual influence on the court
15.08 - A lawyer who is engaged in another profession
or occupation concurrently on the practice of law shall
make clear to his client whether he is acting as a
lawyer or in another capacity
May it appear to the lawyer if you are still being
a lawyer or you are not being a real estate agent or an
insurance agent.
 “Mam, mao ni nahitabo sa atong kaso.
Naghearing yesterday and these are blah blah
blah.. Do you have any questions?”, “No more
attorney, everything is perfect, thank you.”
o “so wala na man kay questions mam,
karun naa koy baligya nimo nga yuta
(sales talk dayun)”
*In this case, the lawyer must make it
clear that this time around, he is no
longer acting as a lawyer but rather,
acting as a real estate agent whose
primary purpose is to sell and to
profit. (all fiduciary relations,
confidencial relation – WALA JUD NA
AT THIS POINT)
-This is also in order for client
to be more cautious, the lawyer must be
honest – a different dynamics apply.
CANON 17 - A LAWYER OWES FIDELITY TO THE
CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEY AND PROPERTIES OF HIS CLIENT MAY COME
INTO HIS POSSESSION.
In so far as his client is concern, there are DUAL ROLES
OF THE LAWYER:
1. That of a fiduciary or a trustee – at most good
faith and fidelity on the part of the lawyer; strict
compliance with canon 14-22
2. As agent of the client – to appear in court as
representative of the client, binds the client in
matters of procedure; foremost an officer of the
court
Regala vs Sandiganbayan
The Supreme Court made it clear that the lawyer
is more than an ordinary agent, he is an officer of the
court. The lawyer controls the case and if his client insists
on illegal means, it is the lawyer’s ethical duty not to
follow the client’s instructions.
An ordinary agent would have to follow principal
instructions. But the lawyer may or may not follow; it
depends on the lawyer’s discretion. IT’S MORE THAN AN
ORDINARY AGENT.
EXAMPLES WHERE A LAWYER BREACH HIS CLIENT’S
TRUST IN TERMS OF HANDLING MONEY OF THE
CLIENT
1. Misappropriation by lawyer of rentals
This happened in an ejectment case to evict a
tenant or leasee who has not been paying rentals which
violated the contract. An incidental relief would be the
payment of the unpaid rentals while the case is still
pending. Unknown to the client who is the landlord, the
tenant has been paying to the lawyer. The lawyer did not
tell his client and instead used it for himself.
It even constraint the client to look for another
lawyer just so he can file a collection suit against his
other lawyer.
2. Securing money from client for fictitious bond and
appropriating the same
Misappropriating money given by client to be
used for amicable settlement. In fact, the lawyer did not
even attempt to enter into amicable settlement and just
pocketed the same.
16.01 – A lawyer shall account for all money or
property collected or received for or from the client. -
SELF-EXPLAINATORY
Q: Why should a lawyer account?
A: because the money or the property is not his.
16.02 - A lawyer shall keep the funds of each client
separate and apart from his own and those of others
kept by him
 No co-mingling of funds – do no mingle your own
funds with client funds or if you are handling
funds of different client, keep all of them
separate.
REASONS:
1. If you co mingle, you will be confused after some time.
 How much go to whom? How much do I own
here and how much will go to my client?
2. To prevent temptation on the part of the lawyer to
appropriate client funds.
REPERCUSSIONS OF UNLAWFUL RETENTION OF
CLIENT FUNDS – because it is a violation of Canon 16,
ADMINISTRATIVE LIABILITY
Q: Can it constitute contempt of court?
A: YES. It is a ground for indirect contempt of court. It
is the officer of the court who misbehaves in his official
functions. There could be also criminal and civil
prosecution. If all elements of Estafa are there, then he
can also be sued for Estafa.
Q: Can a lawyer borrow money from the client?
A: GR: NO.
REASON:
 The lawyer might take advantage of his legal
superiority.
 There is also moral ascendancy.
 There can also be an undesirable effect on the
lawyer.
o A client might propose illegal means and
kay maikog man ka, so sugot nlang ka
because you are indebted to your client.
Exceptions:
 If the client’s interests are fully protected by the
nature of the case or by independent advice.
o Let’s say your client is himself a lawyer
(successful in civil litigation and
mercantile law). You may borrow from
that client, it may fall under the
exception. Your client is protected of
independent advice. Client knows the
law, he as a lawyer also knows that you
cannot really take advantage.
 YOU ARE CONSIDERED TO BE
EQUALLY BALANCED
o Let’s say your client is a bank. Can you
borrow from the bank? YOU MAY,
because the bank is protected by
independent advice. Aside from you, it
also has other lawyers to protect its
interests.
OTHER SIDE OF THE COIN: Can a lawyer lend money to
his client?
GR: NO, same reason why he cannot borrow.
Exceptions: When in the interest of justice, he has to
advance necessary expenses in a legal matter he is
handling for his client.
 You have finished your position paper, deadline
tomorrow. The pages for your position paper is
very2 thick to be submitted to many
respondents. Then you realize that you need to
get money for photocopying and mailing
expenses. The client cannot give you the money,
but promise to reimburse you afterwards.
Q: Can the lawyer shoulder the expense and
extend it by way of a loan? YES
 Client borrow money from lawyer for the tuition
fee of his children. Can the lawyer lend? NO, the
law is very particular. The loan must be
necessary, a legal expense in a legal matter that
the lawyer is handling.
 Q: Can a lawyer enter into business transaction
with the client? YES, it is allowed because there
is no prohibition. He is not barred from dealing
with his client but he transaction must be
exercised with outmost honesty.
16.03 A lawyer shall deliver the funds and property of
his client when due or upon demand. However, he shall
have a lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees
and disbursements, giving notice promptly thereafter
to his client. He shall also have a lien to the same
extent on all judgements and executions he has
secured for his client as provided for in the Rules of
Court.
“black font – GR, SELF-EXPLANATORY
red and Blue – EXCEPTIONS – instances that the
lawyer can retain funds and property of the client” –
MAO NI GIINGON NI ATTY ANI HAP! D AKO!
Red Part – pertains to Retaining Lien
Blue Part – Charging Lien
2 KINDS OF ATTORNEY’S LIENS
1. RETAINING LIEN – also known as the general or a
possessory lien
 This is the right of the lawyer to withhold his
clients’ property (funds and documents) that
lawfully comes to his possession until payment
of his attorney’s fees.
Why the recognition of the attorney’s lien?
-It is but not natural that the lawyer be secured in the
fruits of his professional labor.
-Proper administration of justice cannot be secured
without an intelligent and prosperous bar. (STANSELL
VS ROACH, 29 ALR 143)
*Let’s say the lawyer has in his possession the client’s
original title to his property. Time passed, wa nay bayad2
ang client then he wants to get back the title because he
needs it.
-the lawyer says he will return his title if the
client will pay his attorney’s fees.
Q: Can the lawyer do that?
A: YES. That is the Retaining Lien. The lawyer can retain
funds and documents of the client until he is paid of his
attorney’s fees.
2. CHARGING LIEN – also known as special particular
possessory lien
-this is the right of the lawyer to request the
court to annotate his claim for attorney’s fees in what
ever recoveries made by the client prom the losing
adversary.
A lawyer shall have a lien:
 upon all judgments for the payment of money,
and executions issued in pursuance thereof
 which he has secured in a litigation for his client
 from and after the time when he shall have
caused a statement of his claim of such lien to be
 entered upon the records of the court rendering
such judgment, or issuing such execution and
 shall have caused written notice thereof to be
delivered to his client and to the adverse party
4 REQUISITES:
 the lawyer has won the case for the client, it is
already final and executory
 it is a money judgment
 the lawyer must annotate his claim for attorney’s
fees in the record of the case
 written notice to the losing party and to his
client
Q: If the lawyer has done all four, what is the effect?
A: The lawyer now gets a portion of the winnings to the
extent of his unpaid attorney’s fees.
Let’s say the lawyer has won the case for the
client and the judgment award is 100K. The lawyer has
an amount of unpaid attorney’s fees of 30K, he annotate
his claim and give written notice to his client and the
losing party.
Q: What is the effect?
A: The lawyer gets 30K, only 70K goes to his client.
*The purpose of the attorney’s lien is to make
collection of attorney’s fees easier. It is sort of a
security device to ensure that lawyers will get paid.
Usually, lawyers utilize this liens with difficult client,
d jd mamayad.
RATIONALE OF ATTORNEY’S LIEN:
It is but natural that the lawyer shall be secured
of fruits of his professional labor. Di man jud pwede nga
cge lang jd kag pro bono. You have to earn a livelihood.
Used to pay his legal staffs also. It does not mean nga pro
bono man to nmu, pro bono ra pd sa imo staffs, it cannot
be.
BASIS: Rules of Court
An attorney shall have a lien upon the funds,
documents, papers of his client which have lawfully
come to his possession and may retain the same until
he’s lawful fees and disbursements have been paid and
may apply such funds to such satisfaction thereof.
The lawyer shall have the same right and power over such
judgments and executions as his clients would have in
order to enforce his liens and secure the payment of his just
fees and disbursements.
As a result a legal fiction is created. It is as if the lawyer
won or the prevailing party litigant in the case. But the
execution of the money judgment in his favor extends only
in so far as the amount of his fees and disbursements.
LIMITATIONS OF A RETAINING LIEN
1. Funds, documents, papers only
 if a lawyer has in his possession a car of the
client, the latter did not pay. The lawyer decided
that he will not return the car unless he is paid of
attorney’s fees. – NOT ALLOWED BECAUSE IT IS
ONLY LIMITED TO FUNDS, DOCUMENTS AND
PAPER ONLY, NOT ON OTHER KINDS OF
PROPERTIES
2. The thing retained should have lawfully come
into possession of the lawyer under
circumstances consistent with the
enforcement of a lien for services
 Thus a retaining liens does not apply to funds
coming into the lawyers possession in trust
 “Mam we need to post a cash bond kay maoy gi
require sa court” Client agreed and gave you
cash. Can you decide not to post the bond and
just apply the money to the client’s unpaid
attorney’s fees? NO, IT DOES NOT APPLY TO
FUNDS COMING INTO A LAWYER’S POSSESSION
IN TRUST FOR A PARTICULAR PURPOSE
3. A lawyer cannot retain files the client needs
to pursue his case
 So if the client fires you and he needs the files,
you did not give it because of his unpaid dues.
But the client needs the documents to pursue his
case. Then there can be no retaining lien.
CHARGING LIENS
1. The lawyer has won the case for the client, it is
already final and executory
2. It is a money judgment
3. The lawyer must annotate his claim for
attorney’s fees in the record of the case
4. Written notice to his client AND TO THE
ADVERSE PARTY
*The lawyer shall have the same right and power over
such judgments and executions as his client would have
in order to enforce his need
 So a legal fiction is created – it is as if the
lawyer won or is the prevailing party litigant
in the case – but the execution of money
judgment in his favor is only as so far as the
amount of his fees.
Let’s say all the requisites have been complied with but
the losing party paid the entire money judgment to the
client.
Q: Can the lawyer still collect FROM THE LOSING PARTY?
A: YES, because that’s the effect of a charging lien. The
losing party cannot claim ignorance because he has been
notified but nonetheless he paid everything to the
winning party.
REMEDY OF THE LOSING PARTY: Reimbursement from
the winning party on the ground of UNJUST
ENRICHMENT.
Q: Do you consider amicable settlement as a winning
claim?
A: Go back to the rules of court. It says all judgments for DISTINGUISH RETAINING LIEN AND CHARGING LIEN
the payment of money xxx which he has secured for his *SLIDES:
client. Retaining Lien Charging Lien
 Strictly construe – it refers only to decisions Nature Passive Active
rendered by the court General Specific
Basis Lawful securing
LIMITATIONS ON THE CHARGING LIEN possession of favorable money
1. Applies only to a specific action in which the papers, judgment for
charging lien is recorded documents and client
funds belonging
Let’s say the lawyer is handling many cases for to client
the client. They have won Case1 and the charging lien is Coverage Only documents, Covers all
recorded therein. Then the lawyer realizes that he has papers and funds judgments for
still unpaid attorney’s fees in Case2, 3 and 4, he also in the lawful the payment of
applied the charging liens to them. possession of the money and
lawyer by reason executions
Q: Can that be? of his pursuant thereto
A: NO, because it is a particular lien, applicable only to professional
that case where it is recorded. employment
Effectivity As soon as As soon as claim
2. Favorable money judgments and execution lawyer takes for lien is
pursuant thereto possession entered into the
records of the
The lawyer won the case for the client and the case
dispositive portion says, “wherefore premises Notice Client need not Client and
considered, judgment is hereby rendered declaring be notified adverse party
complainant ABC corporation as the rightful owner of must be notified
lot # 1234. Accordingly, XYZ corporation is directed Applicability May be exercised Exercised only
to deliver ownership and possession of the said Lot # before judgment when lawyer has
1234 as well as TCT #8 covering such property to execution or already secured
complainant.” regardless a favorable
thereof money
Q: Can there be charging lien? judgement
A: NO. It is not a money judgment. It is a delivery of a
property DISCUSSION
 RL – passive and general
What if the dispositive portion says. “wherefore o CL – active in the sense that it does not
premises considered, the marriage between become effective without any action on
complainant and defendant declared null and void ab the part of the lawyer
initio by reason of psychological incapacity” -specific because it pertains only to the
Q: Can there be charging lien? case in which it is recorded
A: NO.  BASIS OF RL – lawful possession of papers
documents and funds belonging to the client
“Wherefore, premises considered, the contract o BASIS OF A CL – favorable money
between complainant and defendant is declared judgment
valid and hence, defendant is directed to repair the
 COVERAGE OF RL – documents papers funds
vehicle of the complainant in accordance with the
o COVERAGE OF CHARGING LIEN –
provisions of the contract”
money judgments
Q: Can there be a charging lien?
*When does RL take effect? – As soon as the lawyer
A: NO. not a money judgment but for specific
takes possession
performance
*When does CL take effect? – As soon as it is annotated
in the records of the case
*Is notice required for RL? NO, it becomes automatic
as soon as the lawyer takes possession.
*Is notice necessary before CL can be imposed? YES.
Notice to the LOSING PARTY AND TO THE CLIENT.
  APPLICABILITY OF RL – maybe exercised
before judgment or execution or regardless
thereof
Q: Can you exercise RL even if you are not
handling litigation for the client? – Let’s say
simply advisory, but you have funds and
documents of your client – YES. It is not
dependent on any favorable outcome of the
litigation.
o APPLICABILITY OF CL – there must be
a favorable money judgment
Rule 16.04 - A lawyer shall not borrow money from his
client unless the client’s interests are fully protected
by the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for
the client.
BUSINESS TRANSACTIONS WITH CLIENTS:
 Lawyer is not barred from dealing with his client
with the business transaction must be
characterized with utmost honesty and good
faith. (NAKPIL VS. VALDEZ, AC NO 2040,
MARCH 4, 1998)
 Much higher standard of good faith is required
compared to business transactions that are at
arm’s length.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
Rule 18.01 - A lawyer shall not undertake a legal
service which he knows or should know that he is not
qualified to render. However, he may render such
service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on
the matter.
You can say that you are not competent in that field of
law anymore. Lawyers are only human; you cannot
expect him to know all cases. It would be unethical for a
lawyer to take a case knowing that he is not competent to
handle it.
Q: But can he still handle it even if he is incompetent?
A: YES. but he must he collaborating counsel who is
competent of that matter WITH THE CONSENT OF THE
HIS CLIENT.
18.02 – A lawyer shall not handle any legal matter
without adequate preparation.
18.03 – A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
there with shall render him liable.
SLIDES: Effects of negligence and incompetence of
lawyer:
 Disciplinary action against the lawyer
 Malpractice suit for damages
 A criminal conviction may be set aside
 A retrial may be had in civil cases
DISCUSSION: Let’s go to the matter of negligence
EFFECTS OF NEGLIGENCE AND INCOMPETENCE OF A
LAWYER:
1. Obviously, you have administrative liability
2. There could be a malpractice suit for damages –
CIVIL SUIT
*GENERALLY, a criminal conviction is not set aside,
no retrial will be held in civil cases but in exceptional
circumstances, IT HAS BEEN KNOWN TO HAPPEN
EXCEPTIONAL CIRCUMSTANCES
3. Criminal conviction may be set aside if the errors
of the defense counsel were so shocking that
they deprived the accused of the constitutional
right to effective counsel
You can set aside conviction but it must be proven that
the counsel’s acts or omissions were outside the range of
professionally competent assistance. And the negligence
must have an actual effect on the outcome of the case, not
just a conceivable or a speculated effect on the outcome
of the case
ANOTHER EXAMPLE: A lawyer who simply forgot the
case. Which explain why he wasn’t able to appear
hearings and he did not file a single pleading. He simply
forgot about it
4. Clients are bound by the negligence of the lawyer
DILIGENCE REQUIRED OF A LAWYER: - ORDINARY
CARE AND DILIGENCE – GOOD FATHER OF A FAMILY
A lawyer is not an insurer of the result of the case. He can
only do his best; do what he could, according to his
knowledge, capacity and discretion.
Q: is the client bound to the negligence of his counsel?
A: YES. A lawyer is an agent of a client. As agent, the
lawyer binds the client. Any act of the lawyer within the
scope of his general and implied authority is considered
an act of the client.
*If we adopt a contrary rule, magbalik2 ra ang case. If a
party senses nga pildihunon na jd siya, he can always
have a retrial afterwards because of his lawyer’s
negligence.
*the acts of the counsel must be outside the range of
professionally competent assistance
18.04 - A lawyer shall keep the client informed of the
status of his case and shall respond within a
reasonable time to client’s request for information.
 Lawyer must inform the client of the status of
the case
He has a duty to keep his client informed but clients have
corollary duty also to be in contact with his counsel from
time to time to be informed of the progress of his case.
There are instances where lawyers are hired by clients
and the latter will just disappear. And what if the lawyer
needs the client’s assistance in gathering documentary
evidences? Or locating and identifying witnesses? No
cooperation from the client.
It does not mean that a lawyer took the case, he can be
the detective. There are matters which needs the client’s
participation. NO PRUDENT PARTY WOULD LIVE HIS
CASE ENTIRELY TO HIS LAWYER.
SLIDES: EFFECTS OF NEGLIGENCE AND
INCOMPETENCE OF COUNSEL:
CIVIL CASES
 Retrial may be conducted
 Courts are slow in setting aside judgments in
civil cases
CRIMINAL CASES
 Criminal conviction may be set aside if the errors
of the defense counsel were shocking that they
deprived the accused of the constitutional right
to effective counsel. (MCMANN VS
RICHARDSON, 387 US 759)
 Conviction may be set aside but accused must
show that his counsel’s acts or omissions “were
outside the range of professionally competent
assistance”. Furthermore, the acts or omissions
must have caused actual prejudice, not just some
conceivable effect on the outcome of the case.
(STRICKLAND VS WASHINGTON 466 SCRA
668)
DILIGENCE REQUIRED OF COUNSEL: ORDINARY CARE
AND DILIGENCE
A lawyer is not an insurer of the result of the case.
19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH
ZEAL WITHIN THE BOUNDS OF THE LAW.
Just a reiteration of the things you already know.
In representing a client, you represent him with zeal. The
key phrase there – “within the bounds of the law.” No
amount of zeal can ever justify by breaking the law.
 You were overzealous then you forgot the law
because you are too passionate to safeguard
your client’s interest. – THIS IS NOT
JUSTIFIABLE. – MUST BE ALWAYS WITHIN THE
BOUNDS OF THE LAW
 A lawyer’s duty is not to his client but to the
administration of justice. To that end, his client’s
success is fully subordinate and his conduct
ought to and always be scrupulously observant
of law and ethics.
19.01 – A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten
to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
 Counter suits are alright if they are founded on
facts and law but if they are just there to
intimidate, to oppress, to gain leverage or
advantage, they are unethical.
 Fair and honorable means – we have discussed
this extensively in the CPR – THERE IS A
PARALLEL PROVISION IN RULES OF COURT –
practically the same tenor (fair and
honorable means regardless of your opinion of
the guilt of the accused)
EX: This involve unjustified litigation. A secretary is fired
because his boss found another secretary. The boss and
the lawyer manufactured spurious criminal action of
theft
19.02 – A lawyer who has receive an information that
his client has in the course of the representation
perpetuated a fraud upon a person or a tribunal shall
promptly call upon the client to rectify the same and
failing which, he has to terminate such client in
accordance with the rules of court
Your client presented documents in the court as
evidence. Later on, you discover that the client falsified
the presented evidences. You confronted him then he
admitted. Because of the falsified documents, you are
sure that you will win the case.
Q: What should you do knowing that the documents
presented were falsified?
A: First, advice the client to rectify the fraud. If he will
not, next step, WITHDRAW AS COUNSEL, BUT YOU
CANNOT EXPOSE IT TO THE COURT (respecting client’s
secret) – just withdraw, you cannot expect to participate
in an unethical act.
Q: How about the new lawyer? What is he supposed to
do?
A: “IT’S UP TO HIM HAHAHA” – Atty.
19.03 – A lawyer shall not allow his client to dictate
the procedure on handling the case.
THE LAWYER CONTROLS THE CASE – not the client
 The lawyer must know the difference between
matters that he as lawyer should decide and
matters which his client should rightfully decide.
  He (the lawyer) should follow his own decision
and not that of the client. Thus, a lawyer may
agree to postpone the trial of the case despite the
client’s contrary wishes, if the opposite counsel
is sick or under bereavement, or under other
justifiable cause.
 Counsel however is hidebound to comply with
his client’s lawful requests.
EX: Lawyer advises client for settlement. Client doesn’t
want to. Can the lawyer enter into settlement? NO,
because the matter whether to settle or not resides in the
client to decide.
 How much should we settle for? Client wants to
settle but only up to 100k. Can the lawyer enter
into settlement for an amount bigger than 100k?
NO, he should comply to his client’s lawful
request
 Should we appeal or not? Client does not want
to. The lawyer wants to appeal because he
believes that they can win the case. Can he file?
NO, the decision of the client in this case is
controlling.
o The lawyer can at best RECOMMEND,
but the decision rest with the client.
20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
ATTORNEY’S FEES – “fair and reasonable” – no such
thing as standard rate.
Q: What do we know about Attorney’s Fees so far?
A: Customarily prescribed rates. In practice, they are
published by the local IBP chapter.
Lawyers CANNOT CHARGE LOWER than the prescribed
rates. There is a floor price but no ceiling price, no
standard rule. So how do we know it is fair and
reasonable?
Attorney’s fees – remuneration given to a lawyer as a
reasonable compensation for his professional
services
RATIONALE: Although the legal profession is not a
business undertaking, the lawyer like all other human
being has a right to livelihood. Dli lang jd pwede nga
magcge na lang ug pro bono perme.
2 CONCEPTS OF ATTORNEY’S FEES:
1. Ordinary Concept – ordinary payment as we
know it.
Q: Is there a presumption that a lawyer is entitled to
attorney’s fees?
A: YES, there is.
Let’s say there is no written contract, not even a
verbal contract for attorney’s fees but the lawyer already
rendered valuable legal services and the client has been
benefited thereby.
Q: How do you presume that the Attorney is entitled to
Attorney’s fees?
A:
a. Let’s go to the principle of UNJUST
ENRICHMENT.
 The client cannot unjustly enrich himself at the
expense of his lawyer
b. There is no express contract, oral contract, but
there is innominate contract called FACIO UT
DES – I DO SO THAT YOU’D GIVE
 Which is why there is a presumption that the
lawyer is entitled to attorney’s fees.
 EX: such service is intended to be gratuitous
 Q: Who has the burden of proof that it is
gratuitous?
 A: the client to prove, “WA OI!!!”
HOW THE AGREEMENT IS MADE:
 Oral
 Written
 Implied – the lawyer has rendered valuable
services (based on Unjust enrichment and
Facio ut des)
*of the 3, the best is written
2. Extra-Ordinary Concept – refers to indemnity
for damages ordered by the court to be paid by
the losing party in a litigation
 one form of damages – IN THE NATURE OF
INDEMNITY – paid to the client.
 It is wrong for the lawyer to claim the Attorney’s
Fee in the pronouncement of judgment that he
owns the Attorney’s fees – kay “Attorney’s” fees
gd! – WRONG! BECAUSE IT IS IN THE NATURE
OF INDEMNITY – IT IS PAYABLE TO THE
CLIENT, THUS CLIENT OWNS THE
ATTORNEY’S FEES.
 EXCEPT – if there is an agreement of the lawyer
and his client that the Attorney’s Fees is an
additional compensation or as part thereof
To avoid controversy over attorney’s fees, it is
advisable to agree in advance as to the matter of how
the lawyer should be compensated AND TO REDUCE
IT INTO WRITING.
 For the benefit of both client and lawyer
There is ADDED BENEFIT ON THE PART OF THE
LAWYER
 In case of unjustified dismissal of the attorney,
he shall be entitled to recover from the client
FULL AMOUNT OF COMPENSATION BASED ON
THE STIPULATIONS OF THE CONTRACT
(WRITTEN CONTRACT)
HOW DO YOU MAKE A CONTRACT FOR ATTORNEY’S
FEES?
 The ideal contract for attorney’s fees is as
simply as you have it, as simple as it can be.
 It does not need to look like the real contract
(kanang mga whereas2, hereunder, hereunto,
under the over – wala nang mga ing.ana!)
 The idea is to make the client understand what
he is dealing with. It would be ironic that he
would hire another lawyer to help him interpret
the contract because he can’t understand.
 As long as there’s a letter and the client’s
conformity.
HOW TO CONSTRUE ATTORNEY’S FEES CONTRACT
 If there is doubt or ambiguity, construe in favor
of the client.
 It is subject to judicial review.
 The lawyer cannot use his right to privacy
because of the nature of the contract. The court
can always scrutinize this kind of contract and
agree if the fees are reasonable and fair.
RETAINER’S FEE ARRANGEMENT
2 Kinds of Retainer:
1. General Retainer - you are retained by the
client to handle ordinary legal services that arise
from his ordinary business.
EX: simple legal queries, request for legal advisories,
review of contracts/drafting – ordinary legal
problems.
*When a lawyer is retained by the client, the
lawyer must be accessible at any time so long as
the retainer fees is in arrangement.
Let’s say you are retained by the client, 30K per month
but for the month of February, wala juy gubot and
company. Nothing was referred to you for legal counsel.
You did not render any legal services.
Q: Are you still entitle to the 30K?
A: YES. You will still get paid because it would not be
dependent on actual performance. What is being paid is
the undertaking of he lawyer that he is available to
that particular client at anytime and he cannot offer
his services to parties of conflicting interest.
 GENERAL RETAINER IS LIKE A Q: What is the most important consideration?
COMPENSATION FOR LOST OPPORTUNITIES
2. Special Retainer – fee of a specific case handle
or a special service rendered by the lawyer for a
client
 A client might have several cases demanding
individual or special attention. If in every case,
there is independent and separate contract of
attorney’s fees, each fee is considered a special
retainer
 Ao it is no longer an ordinary legal problem. You
now have a special case or a special legal service
which needs you undivided attention.
 So in the contract of attorney’s fees, you must
specify what kind of retainer you are using. If
it is a General Retainer: it is best to indicate
or have a separate provision that if the
service must require more than the usual
attention, then it would have different
payment
 You must have those kinds of provisions because
you might be spreading yourself too thin.
General Retainer lage then hatagan kag mga kaso
nga lisud kaau and d nlang ka katug kay mag cge
nlang kag tuon, it takes too much of your time
pero General Retainer gihapon ang bayad (it
should have been a special retainer already
when you think about it).
 And remember that in case of doubt and
ambiguity, it will be construed in favor of the
client, so you as a lawyer should be very careful
Q: Is it possible for a single client, you have general
retainer and special retainer agreement?
A: YES
KINDS OF ATTORNEY’S FEES ARRANGEMENTS
1. Fix or Absolute – the lawyer gets paid,
regardless of what will happen
2. Contingent Fee – the lawyer gets paid only if he
will win the case
3. Fixed Fee payable per appearance in court
4. Fixed Fee on an hourly rate or Time Billing –
you will be accountable for your time
-advisable if you are always running out of time.
Best way to have time management. Kay nay usahay ang
client tabi.an kaau. Ma.waste imo time that should have
been used to make other pleadings.
5. Fees for every piece work – charging every
page of the pleading, or you can have provision
that you will be paid different rates in different
court
Q: Should the lawyer and client choose only one?
A: They can have ONE, SOME OR EVEN ALL.
A: Most important consideration is that the agreement
has been voluntarily entered into by the lawyer and
client.
*Regardless of what kind of fee, always remember
the basic rule that it should be fair and reasonable
CONTINGENT FEE CONTRACT – also know as no cure,
no pay basis
  Lawyer will be paid only if they win, there is a fix
percentage of what ever they will recover from
the suit
Q: Why is this allowed?
A: Such contract is the only way in which the poor and
helpless can have their rights litigated.
 Advantageous on the part of the client because
they can find lawyer that is willing to waive all
other fees until he win the case and ONLY IF
YOU WIN
 Advantageous on the part of the lawyer he is
assured of payment when they win the case
o Wala man guro lawyer nga mukuha ug
kaso nga dli meritorious – it is a
winnable case, although there is risk of
not winning, the risk is not that high.
Q: How many percent?
A: Under the CPE – a contract for contingent fee were
sanctioned by law, should reasonable under
circumstances including the risk and uncertainty of
the compensation and should be subject to the
supervision of the court as to its reasonableness
 It tells us that because in contingency contracts,
there is uncertainty of compensation. Lawyers
are allowed to charge higher percentage to
compensate for the risk
 An attorney engaged in a contingency basis
may not, in order to collect his fees, prosecute
an appeal despite his client’s refusal to appeal
 “Attorney di nlang ta mu.appeal kay murag
mamatay na ko aning kasuha.” “Mu appeal ta
mam! Wa pa rba ka kabayad nako!” – HE
CANNOT INSIST
 Contingency contract does not make the Lawyer
a Creditor of the Client, it neither give the lawyer
any right in the client’s winning of the suit. If the
contingency does not occur, then the lawyer is
not entitled to fees
*In here, what the attorney waives is only the
attorney’s fees, THERE IS NO UNDERTAKING TO BEAR
EXPENSES OF LITIGATION. (filing fee, docket fee, etc –
charged to the client)
ART. 2208, NEW CIVIL CODE:
In the absence of stipulation, attorney’s fees and
expenses of litigation, other than judicial costs, cannot be
recovered, except:
1. When exemplary damages are awarded
2. When the defendant’s act or omission has
compelled the plaintiff to litigate with third
persons or to incur expenses to protect his
interest
3. In criminal cases of malicious prosecution
against plaintiff
4. In case of a clearly unfounded civil action or
proceeding against the plaintiff
5. Where the defendant acted in gross and evident
bad faith in refusing to satisfy the plaintiff’s
plainly valid, just and demandable claim.
6. In actions for legal support
7. In actions for recovery of wages of household
helpers, laborers and skilled workers.
8. In actions for indemnity under workmen’s
compensation and employer’s liability laws
9. In separate civil action to recover civil liability
arising from a crime
10. When at least double judicial costs are awarded
11. In any other case where the court deems it just
and equitable that attorney’s fees and expenses
of litigation should be recovered.
In all cases, the attorney’s fees and expenses of
litigation must be reasonable.
CHAMPERTOUS CONTRACT – where the lawyer agrees
to prosecute suits at his own expense for the recovery of
things or property belonging to or claimed by the client,
the latter agree to pay the former a portion of the
property or thing recovered as compensation.
Q: Is it the same as contingent fee?
A: NO. THIS KIND OF CONTRACT IS VOID.
Champertous Contract Contingent Contract
Lawyer undertakes to bear all NA
expenses incident to litigation
Payable in cash or in kind Payable in cash or in
kind
Void; against public policy and valid
ethics of the profession
*Here, the lawyer bears all expenses incident to the
litigation including all filing fees, docket fee, etc. –
THIS IS AGAINST PUBLIC POLICY AND ETHICS
 You now have a lawyer spending everything for
the case. He is now investing in the case, he
might want to recover what he has given AT ALL
COST – even it means breaking the law
20.01 – A lawyer shall be guided by the following
factors in determining his fees:
a. The time spent and the extent of the services
rendered or required;
b. The novelty and difficulty of the questions
involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as
a result of acceptance of the proffered case;
f. The customary charges for similar services
and the schedule of fees of the IBP chapter to
which he belongs;
g. The amount involved in the controversy and
the benefits resulting to the client form the
service;
 h. The contingency or certainty of compensation;
i. The character of the employment, whether
occasional or established; and
j. The professional standing of the lawyer.
 That it should be fair and reasonable
Q: How do we know it is fair and reasonable?
-enumerated – take note of letter H
the contingency or certainty of compensation
FOR CONTINGENT FEE CONTRACTS
Q: Are lawyers allowed to charge more than the usual
rates?
A: YES. to compensate for the uncertainty of
compensation
Q: Is the list exhaustive?
A: Not exhaustive. There could be other factors as
declared in jurisprudence, client’s ability to pay,
reasonable requests of fellow lawyers (client is a lawyer
– inamigo nga rate), responsibility imposed and results
cured can also be factors to determine attorney’s fees.
QUANTUM MERUIT – as much as he deserves
Q: When is this resorted to? When is attorney’s fees
based on quantum meruit?
A: There are many instances:
 When the fees stipulated excessive,
unconscionable or unreasonable, the court can
reduce the fees.
 When there is no express contract (no oral, no
written agreement but the lawyer rendered
valuable legal service - implied)
 When the contract of employment is void due to
some formal matters
 When there is agreement to attorney’s fees and it
is not agreed upon
 When the lawyer withdraws with justifiable
cause
o When can he recover full amount of
compensation?
 The contract has been reduced
into writing
 The dismissal of the lawyer is
WITHOUT justifiable cause.
o If it is the counsel who quits?
 If the cause is justified –
quantum meruit
 If the cause is not justified –
fees maybe reduced or even
forfeited.
o Can the law limit the collection of
attorney’s fees? Can congress pass a law
limiting the attorney’s fees?
 YES. The state as parens patriea
may protect the interest of the
underprivileged
EX: RA 145 – a lawyer is limited to not more than P20.
Q: Is this valid?
A: The state can do this. But this was enacted during a
time when P20 was still substantial.
-the reason behind this is gamay ra ang mga
ma.claim sa veterans then dako pa jd ang bayad sa
lawyers. The veterans could not gain anything. The
underprivileged is not protected from their own lawyers
More resent law: Labor Code – attorney’s fees should
not exceed 10% of the amount of wages recovered.
Q: Can congress do this? Can they limit attorney’s fees?
A: YES. Obviously, this is to benefit the workers.
-it is ironic that the workers win but they have to
pay all their winnings to the lawyers.
20.02 - A lawyer shall, in cases of referral, with the
consent of the client may entitled to a division of fees
in proportion to the work performed and the
responsibility assumed
 This is fee splitting

Q: Can lawyers split the fee among themselves?
A: YES. But there must be 3 requisites.
 It is a referral
 With the client’s consent
 Split must be proportionate to the work
performed and the responsibility assumed
*Let’s say wala na ng last requisite, you simply refer a
case to another lawyer
Q: Are you entitled to a split?
A: NO. Otherwise, you will be acting like an agent or a
runner for that particular lawyer and you get a kickback
for the mere fact of referring.
 Remember that solicitation of legal business is
illegal
 You must have performed a work or
responsibility in the case
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation
whatsoever related to his professional employment
from anyone other than the client.
20.04 – A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice of
fraud.
 Lawyers are presumed to be entitled to
livelihood. But they are urged to avoid
controversies with the clients concerning
compensation.
Q: What does this mean?
A: Kutob sa makaya nimo, ayaw nlang pangaway
regarding attorney’s fees. It does not look good in legal
profession. It is enough that you will get a heartful and
simple, “Thank you kaau, Attorney. Pero wa lang jud koy
kwarta ibayad.” (SHIT!) If you can take it, take it
sincerely.
2nd part of the rule: Resort to judicial action only to
prevent a position in justice or fraud
 There are clients who take advantage of their
lawyers. Let’s say you have a client, makabayad
jd pero d lang mubayad. Then by all means, file a
case
 This rule does not prohibit lawyers from filing
cases if the collection is warranted under the
circumstances.
 This is an action of a lawyer against the client for
collection of attorney’s fees.
21 – A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED
“We have already discussed this during Attorney-
Client Relationship”
Take note: “even after the attorney-client relationship is
terminated”
 the obligation to preserve client confidences and
secrets outlasts the professional employment of
the lawyer.
 in addition to possible administrative liability,
there could also be criminal liability (Art. 209 of
RPC)
21.01 A lawyer shall not reveal the confidences or
secrets of his client except:
a. When authorized by the client after
acquianting him of the consequences of the
disclosure;
b. When required by law;
c. When necessary to collect his fees or to defend
himself, his employees or associates or by
judicial action.
GR: A lawyer shall not reveal the confidences of his client
EXCEPT:
1. When authorized by the client after
appointing him of the consequences of the
disclosure
 The client’s consent must be
intelligently given
 Lawyer must have explained to the
client consequences of the disclosure
 *Even if consent is given but the
consequences was not explained, not
allowed
 *If the consent is an informed one, it is
a waiver on the part of the client for
the lawyer’s duty to safeguard the
client’s secret
EX: Let’s say the one to make disclosure is the secretary,
stenographer or clerk of the lawyer.
 Aside form the client, they also need the consent
of the lawyer.
2. When the disclosure by the lawyer is
required by law
 The law does not make the law office a nest of
vipers in which to hatch crimes or frauds.
 Lawyer’s duty forbid the lawyer from assisting a
commission of the crime or permitting the
privilege to conceal from doing
o So the lawyer can disclose if the client
consulted him as to how to commit a
crime. – it is even required by law
o The privilege does not apply to future
frauds
3. When necessary to collect fees or to defend
himself or his staff by judicial action
 Let’s say, a client does not want to pay the
lawyer. Makabayad gd but d lang jd mubayad. So
the lawyer filed a collection suit. In his anwer,
the client said he did not pay because the lawyer
charges exorbitant fees.
o The lawyer is put in a situation that he
must justify, there is a need for him to
disclose all the work he has done for the
benefit of the client. – he is justified in
disclosing the client secret
Rule 21.02 - A lawyer shall not, to the disadvantage of
his client, use information acquired in the course of
employment, nor shall he use the same to his own
advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto.
21.03 – A lawyer shall not, without the written consent
of his client, give information from his files to an
outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing
or any similar purpose.
EX: NBI agents went to the lawyer asking for files
because they are investigation a client of his, with
subpoena.
 If the lawyer complies, he maybe found ethically
liable
 If the NBI says, “Sige na attorney, ok ra sa imo
client. We have already talked to him.” So the
lawyer call his client and confirm if he really
consented. Client said YES, to give them all the
files. The lawyer gives them the files.
Q: Is the lawyer liable?
A: YES. He needs a WRITTEN consent
Case: the court cannot order an opening of lawyer’s
cabinet seized by virtue of a valid search warrant, which
cabinet contains files of his clients.
Rule 21.04 - A lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05 – A lawyer shall adopt such measures as
maybe required to prevent those whose services are
utilized by him from disclosing or using confidences or
secrets of the client
 It would be useless if the lawyer is very vigilant of
client’s secret but his staffs are talking about his
client’s secrets outside the office.
 This provision only tells the lawyer that it is their
duty to carefully select, train, manage, supervise and
control their employees to the end that the client’s
secret is safeguarded.
Rule 21.06 – A lawyer shall avoid discrete
conversation about the client’s affair even with
members of his family
Rule 21.07 – A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest
 Lawyers are prevented from advertising who their
clients are
 If a law firm is advertising about their client, most
probably, it has sought the consent of their client
before advertising
22 - A LAWYER SHALL WITHDRAW HIS SERVICES
ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRTUMSTANCES.
Q: Can the lawyer withdraw as a counsel?
A: YES. It must be with good cause and proper notice.
Withdrawal by a Lawyer – 2 possible scenarios
1. With the consent of the client
 there must be a consent of the client
 motion for withdrawal of counsel filed with the
court and served upon the adverse party
2. Client does not consent
 hearing for the motion of withdrawal as counsel
 hearing is done after due notice to the client and
the lawyer
 court would have to determine if the lawyer
ought to be allowed to withdraw
*Right of the client to terminate counsel is absolute
22.01 – A lawyer may withdraw his services in any of
the following cases:
a. When the client pursues an illegal or immoral
course of conduct in connection with the
matter he is handling;
b. When the client insists that the lawyer pursue
conduct violative of these canons and rules;
d) When his inability to work with co-counsel will
not promote the best interest of the client;
e) When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;
f) When the client deliberately fails to pay the
fees for the services or fails to comply with the
retainer agreement;
g) When the lawyer is elected or appointed to
public office; and
h) Other similar cases.
*it only says “MAY” – he may withdraw or he may not
A&B – if the client insist in pursuing immoral, unlawful,
unethical courses of action
C – when his inability to work with co-counsel will not
promote the best interest of the client
Say the client hired another lawyer para daghan
mo and it turns out he hired your mortal enemy.
E – when the client DELIBERATELY fails to pay the fees
-if d sya makabayad kay d jd sya kabayad – not a
ground for withdrawal
F – when a lawyer is elected in public office
 here we have to qualify: it refers to public office
which allows the concurrent private practice of
the law
o if the public office prohibits the practice
of law, withdrawal of private practice is
concurrent and not discretionary
o no choice but to withdraw from all his
cases
*The list is not exhaustive – G – “in any manner
similar”
When the client acts in a manner which tends to degrade
his profession, cge lag pang chancing.
 When it is apparent that the lawyer is
required to be a witness of a substantial
matter, then the lawyer can voluntarily
withdraw the case.
22.02 A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled, and
shall cooperate with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the matter.
 We are talking of a lawyer who has been
discharged or withdrawn as counsel and another
lawyer takes over
What would the court do?
 Name of the new lawyer shall be entered in the
docket of the court in place of the former one.
  Written notice of the change shall be given to the
adverse party
What is the duty of the lawyer being replaced?
 To inform the court of such replacement
 To ask that he be allowed to withdraw as counsel
*shall immediately turn over all papers and property
to which the client is entitled - subject to a retainer lien
*cooperate to his successor of the transfer of the
matter – UNDERSTANDABLE
Q: Can the client hire additional counsel?
A: YES. In Cannons of Professional Ethics, a client’s
proffer of additional assistance should not be
regarded as evidence of wanton confidence but the
matter should be left on the discretion of the client.
However, counsel may withdraw when his inability to
work with co-counsel will not promote the best
interest of the client
 Attorney-Client relationship is purely personal.
It is essentially contractual and there has to be
contracting parties. Kung patay na ang
contracting parties, patay na ang contract?
 In the absence of a retainer from the heirs or
authorized representative of his diseased
client, the attorney would have no power or
authority to appear or to take further action
in the case save to inform the court to his
client’s death and take the necessary steps to
safeguard the decedent’s rights in the case
 The lawyer cannot insist to the heirs that he
should be the lawyer because he is the counsel of
the diseased
Q: What is the duty of the lawyer upon the death of the
client?
A: it is his duty to immediately inform the court of such
event and to give the name and residents of the client’s
executor, administrator, guardian or other legal
representatives.
 Apil pd ang incapacity and incompetency, not
just death
ADMINISTRATIVE LIABILITES OF LAWYERS
Starts with the filing of a Verified Complaint (it is
executed by somebody who has personal knowledge of
the facts or the facts alleged can be verified by authentic
records)
Who can file? – Any person or the Supreme Court
Motu Proprio (at its own instance) or IBP Board of
Governors Motu Proprio or upon referral of the
Supreme Court by a Chapter Board of Officers, or at
the instance of any person. – ANY PERSON RA NA!
 Right to practice law being just a privilege is
burdened with conditions.
- Courts have the
inherent power to adopt proper and adequate
measures to preserve their integrity and render
possible and facilitate the exercise of their
functions. - Supreme Court has the full authority
and power to warn, admonish, reprimand,
suspend and disbar a lawyer.
Lawyer violates his obligations under perils of:
 Disciplinary action/administrative action
 Criminal action
 Civil action/damage suit
 Contempt of court
Conditions for continued membership in good
standing in the Bar:
 Rigid standards of mental fitness
 Maintenance of the highest degree of morality
 Faithful compliance with the rules of the legal
profession
Different kinds of disciplinary actions:
1. Warning – act or fact of putting one on his guard
against an impending danger, evil, consequences
or penalties 
- a statement put forth to a
lawyer, that any similar or other infraction of
ethical or other required conduct would be
visited with a higher or more serious penalty
2. Admonition – gentle or friendly reproof, mild rebuke,
warning or reminder, counseling, on a fault,
error or oversight, an expression of authoritative
advice or warning
3. Reprimand – more severe nature; a public and formal
censure or sever reproof, administered to a
person in fault by his superior officer or a body
to which he belongs
4. Fine – pecuniary punishment which courts impose
against a miscreant lawyer; may also be imposed
in accord with criminal violations of the law
5. Suspension – temporary
withholding of the lawyer’s privilege to practi
ce his profession for a certain period, or for
an indefinite period of time 
- act of
prohibiting a lawyer from practicing law for a
certain period; qualified disbarment - because
the attorney is deprived temporarily of the right
to practice his profession;
6. Disbarment – act of Phil. Supreme Court in
withdrawing from an attorney the privilege to
practice law; name of the lawyer is to be stricken
out from the Roll of Attorneys
7. Contempt
8. Imprisonment
Main objects of disbarment and suspension:
1. To compel the attorney to deal fairly and
honestly with his clients
2. To remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to
an 
office of an attorney
3. To punish the lawyer although not so much as to
safeguard the administration of justice
4. To set an example or a warning for the other
members of the bar
5. To safeguard the administration of justice from
incompetence and dishonesty of lawyers
6. To protect the public
A disbarred lawyer can take part in pro se practice. - No
private interest is involved in disbarment.
- Power to
discipline lawyers is judicial in nature.
Characteristics of disbarment proceeding / Nature of
disciplinary action:
 Sui generis - a class by itself
 Neither a civil nor a criminal proceeding
 Double jeopardy cannot be availed of in a
disbarment proceeding against an attorney
 It cannot be initiated motu proprio by the
Supreme Court or by the IBP; it can be initiated
without a complaint
 It can proceed regardless of interest or lack of
interest of the complainants, if the facts proven
so warrant
 It is imprescriptible
 It is conducted confidentially being confidential
in nature until its final determination
 It is itself due process of law
 Whatever has been decided in a disbarment case
cannot be a source of right that may be enforced
in another action, like action for reconveyance
and 
damages
 In pari delicto rule is not applicable
Purpose of disciplinary action:
 Preserve the purity of the legal profession
 Preserve the proper and honest administration
of justice
Grounds for suspension or disbarment of members of
the bar:
1. Deceit – fraudulent and deceptive misrepresentation,
artifice, or device, used by one or more persons
to deceive and trick another
2. Malpractice – any malfeasance or dereliction of duty
committed by a lawyer; 
Gross misconduct in
office – any inexcusable, shameful or flagrant
unlawful conduct on the part of the person
concerned in the administration of justice which
is prejudicial to the rights of the parties or the
right determination of a cause, a conduct that is
generally motivated by a premeditated,
obstinate or intentional purpose
3. Grossly immoral conduct – that conduct which is
willful, flagrant, or shameless, and which shows
a moral indifference to the opinion of the good
and respectable members of the
community
* “consenting adults” rule what
is grossly immoral conduct is largely
circumstantial
4. Conviction of a crime involving moral turpitude –
everything which is done contrary to justice,
modesty, or good morals
5. Violation of oath of office
6. Willful disobedience of any lawful order of a
superior court – resistance or defiance to the
order of the Court must be willful
7. Corrupt or willful appearance as an attorney for a
party to case without authority to do so
* Is acquittal in a criminal case a bar to DA?
No. The standards of legal profession are not satisfied by
conduct which merely enables one to escape the
penalties of criminal law.
* Quantum of proof required:
Criminal case – needs proof beyond reasonable doubt
Civil case – needs preponderance of evidence
Administrative case – only needs substantial evidence
Disciplinary action not dismisses upon withdrawal
by private complainant:
_ The power to discipline lawyers who are officers of the
court may not be cut short by compromise and
withdrawal of charges.
_ Disciplinary proceedings
involve no private interest and afford no redress for
private grievance. They are undertaken and prosecuted
solely for public welfare. _ However, if upon desistance,
there is nothing more to substantiate the charge, then the
case may be dismissed.
* May the pendency of criminal action suspend disbarment
proceedings?
No. There are different quantums of proof. It is not sound
judicial policy to await the outcome and final resolution
of a criminal case before the court may act on a complaint
for disbarment.
* Power to discipline – vested in all courts; judicial
function; all courts can reprimand, warning, admonition,
fine, contempt Mitigating circumstances in disbarment:
 Good faith in the acquisition of the property
* Only the SC, CA, and RTC: suspension; power of CA and  Inexperience of the lawyer
RTC to suspend is subject to the review by the SC; until  Age
the SC has affirmed the suspension, it shall not take  Res ipsa loquitor
effect.  Burden of proof is on complainant Confidential
 Apology
* Only the SC can disbar a lawyer.  Lack of intention to denigrate the court Other
analogous circumstances
SC trying Disciplinary Cases - court sits en banc à
disbarment, suspension for more than 1 year, or a fine for
more than P10000. Otherwise, they do it by division.

Direct contempt - Misbehavior in the presence of or so

near a court as to obstruct or interrupt the proceedings
before the same, including disrespect toward the court,
offensive personalities toward others, or refusal to be
sworn or to answer as a witness, or to subscribe an
affidavit or deposition when lawfully required to do so.

Indirect contempt
 Misbehavior of an officer of a court in the
performance of his official duties or in his official
transactions.
 Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including
the act of a person who, after
 being dispossessed or ejected from any real
property by the judgment or process of any court
of competent jurisdiction, enters or attempts or
induces 
another to enter into or upon such
real property, for the purpose of executing acts
of ownership or possession, or in any manner
disturbs the possession 
given to the person
adjudged to be entitled thereto
 Any abuse of or any unlawful interference with
the processes or proceedings of a court not
constituting direct contempt under section 1 of
this rule
 Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice

Disciplinary Powers Contempt Powers

Broader scope of Particular

behavior

Over lawyers only Over any person

* Both may proceed simultaneously.

Disbarment and disciplinary proceedings:

 Judicial in nature
 Presumption exists in favor of lawyer-
respondent
 Quantum of proof: substantial evidence