Beruflich Dokumente
Kultur Dokumente
YAP
M.REYES |1
LAWYER’S OATH → Atty-In-Fact - agent whose authority is strictly
limited by the instrument appointing him.
I do solemnly swear that I will maintain → Atty Ad Hoc - person named and appointed by the
allegiance to the Republic of the Philippines; I will court to defend an absentee defendant in the suit in
support its Constitution and obey laws as well as the which the appointment is made.
legal orders of the duly constituted authorities therein; → Atty of Record - atty whose name together with his
I will do no falsehood, nor consent to the doing of any address is entered in the record of a case as the
court; I will not wittingly nor willingly promote or sue designated counsel of the party litigant in the case.
any groundless, false or unlawful suit, or give aid nor → Of counsel - associate attorneys of atty of record.
consent to the same; I will delay no man for money or → Lead Counsel - one who is charged with the
malice, and will conduct myself as a lawyer according principal management of a party’s case
to the best of my knowledge and discretion with all → House Counsel - lawyer who act as attorney for
good fidelity as well to the courts as to my clients; and business though carried as an employee of the
I impose upon myself this voluntary obligations business and not as an independent lawyer.
without any mental reservation or purpose of evasion.
So help me God. PRACTICE OF LAW
is any activity, in or out of court, which requires
LEGAL ETHICS the application of law, legal procedure, knowledge,
Is the embodiment of all principles of morality training and experience. It is to give notice or render
and refinement that should govern the conduct of any kind of service, which device or service requires
every member of the bar. It is a branch of moral the use of any degree of legal knowledge or skill.
science which treats of his client, to his colleagues in
the profession, and to the public. NATURE OF THE PRACTICE OF LAW
1. Privilege given to lawyers who meet the high
BASIS OF PH LEGAL ETHICS standards of legal proficiency and morality,
1. The Code of Professional Responsibility including honesty, integrity, and fair dealing.
2. Rules of Court They must perform their four-fold duty to
3. Canons of Professional Ethics society, the legal profession, the courts, and
4. RPC their clients.
5. Civil Code of the PH **It becomes a right once a person is admitted to the
6. Special Laws practice of law, valid reasons must exist before a
lawyer may be prevented from practicing law and can
SIGNIFICANCE OF LEGAL ETHICS only be deprived of such right for misconduct duly
- Will guard against abuses and ills of the ascertained and due process has been afforded him.
profession such as dishonesty, deceit, (AGPALO)
immorality, negligence, slothfulness, lack of 2. It cannot be assigned of inherited.
diligence and many forms of malpractice of 3. It is a profession and not a business = duty to
the members of the Bar. public service, not money, is the primary mean
- Will raise the standard of the legal profession, to be a money-making venture, and law
encourage and enhance the respect for the advocacy is not a capital that necessarily
law, assure an effective and efficient yields profits.
administration of justice. 4. It is burdened with conditions. There should be
faithful compliance with the rules of the legal
DEFINITION OF TERMS COMMONLY USED IN LEGAL profession, maintenance of the highest degree
ETHICS of morality, and adherence to the standards of
→ Bar - whole body of attorneys and body of judges. It mental fitness.
refers to the legal profession
→ Bench - whole body of counsellors, members of the CHAPTER 1: THE LAWYER AND SOCIETY
judiciary or the judges. CANON 1: A LAWYER SHALL UPHOLD THE
→ Atty-at-Law - class of persons who are by license, CONSTITUTION, OBEY THE LAWS OF THE LAND, AND
officers of the court, empowered to appear, prosecute PROMOTE RESPECT FOR LAW AND LEGAL PROCESS
and defend and upon whom peculiar duties, → While the duty to uphold the Constitution and obey
responsibilities and liabilities are developed by law as the law is an obligation imposed on every citizen, a
a consequence. lawyer assumes responsibilities well beyond the basic
AGPALO/DIZON NOTES; ETHICS | ATTY. YAP
M.REYES |2
requirements of good citizenship. As a servant of the GN: A lawyer may not be disciplined for failure to pay a
law, a lawyer should make himself an example for loan. The proper remedy is the filling of an action for
others to emulate. Being a lawyer, he is supposed to collection of a sum of money in regular courts.
be a model in the community in so far as respect for
the law is concerned. XPN: Deliberate failure to pay just debts and issuance
of worthless checks. (just debts includes; rentals,
→ Primary duty of lawyers is not to their clients but to electric bills, claims adjudicated by a court of law)
the administration of justice.
EFFECTS OF PLENARY PARDON → does not warrant
RULE 1.01 - A LAWYER SHALL NOT ENGAGE IN reinstatement. Evidence of reformation must first be
UNLAWFUL, DISHONEST, IMMORAL, OR DECEITFUL present.
CONDUCT.
→ Plagiarism - rule exonerating judges from charges
→ UNLAWFUL CONDUCT - refers to the transgression of plagiarism applies also to lawyers. Judges should
of any provisions of law, which need not not to be a not be exposed to charges of plagiarism in what the
penal law. The presence to evil intent on the part of the write so long as they do not depart, as officers of the
lawyer is not essential in order to bring his act within court, from the objective of assisting the Court in the
the terms of this rule. administration of justice.
→ DISHONEST CONDUCT - defined as a disposition to → Moral Turpitude - defined as everything which is
lie, cheat, deceive, or fraud; untrustworthiness; lack of done contrary to justice, modesty or good morals.
integrity.
→ IMMORAL CONDUCT - conduct which is willful, EXAMPLES OF CRIMES INVOLVING MORAL
flagrant, or shameless as to show indifference to the TURPITUDE
opinion of good and respectable members of the 1. Falsification of public document
community. 2. Estafa
→ MORAL CHARACTER v. GOOD REPUTATION - MC is 3. Bribery
the objective reality of what a person really is while GR 4. Bigamy
is the opinion of the public generally entertained of a 5. Murder
person. 6. Abductment
→ GROSS IMMORALITY - is gross when it is so corrupt 7. Seduction
as to constitute a criminal act, or so unprincipled as to 8. Smuggling
be reprehensible to a high degree. 9. Concubinage
**GI is not confined to sexual matters and need not to 10. Violation of BP 22
be committed under scandalous circumstances and
need not be punishable by law. RULE 1.02 A LAWYER SHALL NOT COUNSEL OR ABET
**To be the basis of disciplinary action, the lawyer’s ACTIVITIES AIMED AT DEFIANCE OF THE LAW OR AT
conduct must not only be immoral, but grossly LESSENING CONFIDENCE IN THE LEGAL SYSTEM
immoral.
→ A lawyer should not promote organization known
ACTS WHICH DO NOT CONSTITUTE GROSS for violating the law nor assist it in a scheme which is
IMMORALITY dishonest. He should not allow his service to be
1. Live-in relationships involving 2 unmarried engaged in an organization whose members are
persons violating the law.
2. Mere intimacy between a man and a woman, **A lawyer advances the honor of his profession and
both of whom possess no impediment to the best interest of his client and he renders services
marry, voluntarily carried on and devoid of any or gives advice tending to impress upon the client.
deceit.
3. Getting married with a man who represented EXAMPLES OF ACTIVITIES AIMED AT DEFIANCE OF
himself to be a single, and later on cutting off LAW OR LESSENING CONFIDENCE IN THE LEGAL
ties with him after becoming aware of his true SYSTEM
civil status. 1. Advising his client to execute another Deed of
4. Failure to pay a loan. Absolute Sale antedated to 1979 to evade the
payment of CPG tax
AGPALO/DIZON NOTES; ETHICS | ATTY. YAP
M.REYES |3
2. Preparing and notarizing an Occupancy RULE 1.04 A LAWYER SHALL ENCOURAGE HIS
Agreement to evade the law against foreign CLIENTS TO AVOID, END, OR SETTLE A
ownership of lands CONTROVERSY IF IT WILL ADMIT OF A FAIR
3. Asking his client to prepare a substantial SETTLEMENT
amount of money to be given to the NLRC
handling the appeal to insure a favorable → an atty should be a mediator for concord and a
decision conciliator for compromise and not an instigator of
4. Appearing as a private counsel for aGOCC controversy.
despite the prohibition under Memorandum
Circ No 9 ADVANTAGES:
5. Repeatedly disobeying orders of the SSEC 1. Parties will be excused from the payment of
hearing panel to appear in hearing unnecessary court-related expenses and atty’s
6. Preparing a document authorizing a married fees
couple who had been separated for 9 years to 2. There is no declared winner or loser in
marry again, renouncing the right of action w/c settlement, henceforth, the relationship
each mat have against the other between the parties is not strained
7. Engaging in irregularities such as prohibited 3. It helps the court in the unclogging of cases in
campaigning for national position in the IBP particular and in the administration of justice
(violation of IBP By-Laws) 4. By helping their clients avail of early
settlement, lawyers can collect their atty’s fee
RULE 1.03 A LAWYER SHALL NOT, FOR ANY since the case is considered terminated.
CORRUPT MOTIVE OR INTEREST ENCOURAGE ANY
SUIT OR PROCEEDING OR DELAY ANY MAN’S CAUSE. GN: Attys have authority to bind their client in any case
by any agreement in relation thereto made in writing, in
→ to prevent barratry1 and ambulance chasing2. A taking appeals, and in all matters of ordinary judicial
lawyer owes to the society and to the court the duty procedure.
not to stir up litigation.
→ Maintenance of suit - the wanton of and inofficious XPN: A lawyer cannot, without special authority,
intermeddling in the dispute of others in which the compromise his client’s litigation or receive anything in
intermeddler has no interest. discharge of the client’s claim but the full amount in
**Volunteering advice to bring lawsuit comes w/in the cash.3
prohibition, EXCEPT where ties of blood, relationship,
and trust make it a duty to do so. → A compromise entered into w/o authority is
unenforceable.
EVILS SOUGHT TO BE PREVENTED → An agreement that forbids the client from entering
1. Fomenting of litigation with resulting burdens into a compromise w/o the lawyers consent is against
on the court and the public public policy and impermissible.
2. Subornation of perjury → Settlement between two contending parties may be
3. Mulcting of innocent persons by judgements, agreed upon at any stage of legal proceeding.
upon manufactured causes of action
4. Defrauding of injured persons having proper
causes of action but ignorant of legal rights
and court procedures by means of contracts
which retain exorbitant percentages of
recovery and illegal charges for court costs
and expenses.
1
Offense of frequently exciting and stirring up quarrels and suits,
either law or otherwise
2
Solicitation of almost any kind of legal business by an atty.,
personally or thru agent, in order to gain employment
3
Rules of Court, Rule 138, Sec. 23