LEGAL ETHICS CANON 13 - Rule on Progressive Jurisdiction In re: Gomez, 43 Phil.

376 If the counsel instigated or induced his client to make the public statement or publicity inthe media involving a pending case to arouse public opinion and to influence the judge, both theclient and the lawyer maybe subjected to contempt of court. After the case had already been finished, the rule in progressive jurisdictions is that, courts are subject to the same criticism as other people. - Where is Canon 13 anchored? Article 19 of the civil code every person must in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. In prosecuting or defending cases, the lawyer must be guided by the principles of justice.He must rely on the merits of his cases and should avoid using influence and connections to winhis cases. His cases must be won because they are meritorious and not because of connections,clout, dominance or influence.

- Test when an act is contemptuous The character of the act done and its direct tendency to prevent and obstruct the discharge of the official duty is the test to determine whether a newspaper publication concerning a pending case is contemptuous. CANON 14 - Appointment as counsel de officio and request to be an amicus curiae COUNSEL DE OFFICIO Rule 138, s. 31. Attorneys for destitute litigants: A court may assign an attorney to render professional aid free of charge to any partyin case, if upon investigation it appears that the party is destitute and unable to employ anattorney, and that the services of counsel are necessary to secure the ends of justice and toprotect the rights of the party. It shall be the duty of the attorney so assigned to render therequired service, unless he is excused therefrom by the court for sufficient cause shown. Rule 116, s.7 Appointment of counsel de oficio WHO: 1.members of the bar in good standing; 2.any person, resident of the province and of good repute for probity and ability, in localities without lawyers WHAT CONSIDERED: 1.gravity of offense

2.difficulty of questions that may arise 3.experience and ability of appointee II. AMICUS CURIAE Rule 138, s. 36 Experienced and impartial attorneys may be invited by the court to appear as amici curiae to help in the disposition of issues submitted to it. Definition: bystander;friend of the court whose function is to remind the court or tribunal of some matter which otherwise might escape its notice and in regard towhich it might be wrong. One who gives information upon some question of law in regard to which the judge is doubtful or mistaken, or upon a matter of which the court may take judicial cognizance.

- Is free legal aid a matter of charity Legal aid is not matter of charity. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should therefore underlie all legal aid offices. The same should be administered to indigent and deserving members of the community in all cases, matters and situation in which legal aid may necessary forestall an injustice. - When may a lawyer refuse his services to the needy A. Lack of competence- if the lawyer is inexperienced on the nature of the case for which he is being engaged, he must be open and candid to tell the prospective client about it. Needless to stress, it is dangerous for he client to be represented by someone who is incompetent, no less dangerous than an inexperienced and incompetent doctor doing a serious and major operation on a patient. B. Conflict of interests- if the lawyer would be confronted with possible conflict of interests in accepting a case, he is excused from the rule. An offense under article 209 of rpc. CANON 15 - Distinguish candor, honesty and fairness CANDOR: rule 15.05 is an instance of candor. The lawyer must give a candid and honest opinion on the merit or lack of merit of his client s case. The counsel should advise his clients of the futility of their cause to avoid unnecessary expenses. And je must neither overstate or understate the prospects of the case. FAIRNESS: rule 15.01. the lawyer must immediately inform his prospective clients of the involvement of another client or his own interest in the case which will result in representing conflict of interest. He is not allowed to represent conflicting interest except by written consent of all concerned after a full disclosure of the facts. LOYALTY:rule 15.02 and rle 138 b secyion 20 of ror. the lawyer must keep the confidences and secrets of his client even after the termination of their professional relationaship as client-lawyer. - When can a lawyer violate the privileged communication

Canon 37, CPE The privilege is limited or has reference only to communications which are within theambit of lawful employment and does not extend to those transmitted in contemplation of futurecrimes or frauds. However, the information on crimes or frauds already committed falls within the privilege and the lawyer cannot reveal or be compelled to reveal the confidences of the client.

Requisites of Privileged Communication: a.There is an attorney-client relationship or a kind of consultancy requirement with a prospective client; b.The communication was made by the client to the lawyer in the course of the lawyers professional employment; c.The communication must be intended to be confidential

Rule on unprivileged communication WHEN IS THERENO PRIVILEGED COMMUNICATION: 1.After pleading has been filed once filed, thepleading ceases to be a privilegedcommunication; it becomes part of publicrecords. 2.Communication intended by the client to besent to a third person through his counsel itloses its confidential character as soon as itreaches the hands of third person 3.When communication sought by client is intended to aid future crime 4.When communication between attorney andclient is heard by a third party third partytestimony is admissible as evidence Even if the communication is unprivileged, the rule ofethics prohibits him from voluntarily revealing orusing to his benefit or to that of a third person, to thedisadvantage of the client, the said communicationunless the client consents thereto.

Test for Conflict of Interest/requisites

Thereare three tests to determine conflictinginterests. The first is when, on behalf of oneclient, it is the attorneys duty to contest for that which his duty to another client requires him tooppose or when this possibility of such situation will develop (conflicting duties). The second test iswhether the acceptance of the new relation will prevent a lawyer from the full discharge of hisduty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness ordouble-dealing in the performance thereof (Invitation of suspicion). The third test is whether alawyer will be called upon in his new relation to use against the first client any knowledgeacquired in the previous employment (use of prior knowledge obtained).

Instances when a Lawyer is Considered having Conflicting Interests 1.As an employee of a corporation whose duty is to attend legal affairs, he cannot join a labor union of employees in that corporation. 2.As a lawyer who investigated an accident as counsel for an insurance, he cannot represent the injured person. 3.As a receiver of a corporation, he cannot represent the creditor. 4.As a representative of the obligor, he cannot represent the obligee. 5.As a lawyer representing a party in a compromise agreement, he cannot be subsequent lawyer representing another client who seeks to nullify the agreement. Effects of Representing Adverse Interests 1.Disqualification as counsel of new client on petition of former client. 2.Where such is unknown to, becomes prejudicial interests of the new client, a judgment against such may, on that ground be set aside. 3.A lawyer can be held administratively liable through disciplinary action and may be held criminally liable for betrayal of trust. 4.The attorneys right to fees may be defeated if found to be related to such conflict and suchwas objected to by the former client, or if there was a concealment and prejudice by reasonof the attorneys previous professional relationship with the opposite party.

Nakpil vs. David Hilado vs. David, 84 Phil. 571 To constitute professional employment it is not essential that the client should haveemployed attorney professionally on any previous occasion *** It is not necessary that anyretainer should have been paid, promised, or charged for; neither is it material that the attorneyconsulted did not afterward undertake the

case about which the consultation was had. If a personin respect to his business affairs or troubles of any kind, consult with his attorney in hisprofessional capacity with the view to obtaining professional advice or assistance, and theattorney voluntarily permits or acquiesces in such consultation, then the professional employmentmust be regarded as established. xxx The mere relation of attorney and client ought to preclude the attorney from accepting theopposite partys retainer in the same litigation regardless of what information was received by himfrom his client. Where a lawyer is disqualified or forbidden from appearing as counsel in a case becauseof conflict of interests, the law firm of which he is a member as well as any member, associate orassistant therein is similarly disqualified or prohibited from so acting. *Nakpil vs. Valdez, 286 SCRA 758 It is generally the rule based on sound public policythat an attorney cannot represent adverse interest. Itis highly improper to represent both sides of an issue.The proscription against representation of conflictinginterest finds application where the conflicting interestarises with respect to the same general matter and isapplicable however slight such adverse interest maybe. It applies although the attorney's intention andmotives were honest and he acted in good faith. However, representation of conflicting interest maybe allowed where the parties consent to therepresentation after full disclosure of facts.

CANON 16 - Charging, Retainer s and Judgment Lien Retaining liens A lawyer shall have a lien over the clients funds and may apply so much thereof to satisfyhis lawful fees and disbursements but must give prompt notice to his client for the lattersadvertisement. Charging liens For the further protection of the lawyer, he shall also have a lien to the extent of hisattorneys fees and legal disbursements on all judgments and executions he has secured for hisclient as provided for in the Rules (Rule 138, Sec. 37, Revised Rules of Court). Judgement liens court ruling that gives a creditor the right to take possession of a debtor's real property if the debtor fails to fulfill his or her contractual obligations. A judgment lien may be made against an individual or business and allows the creditor to access the debtor's business, personal property and real estate, among other assets, to pay the judgment. CANON 18 - Concept of Presumption of Diligence In the absence of any contrary evidence, a lawyer is presumed to be prompt and diligent in the performance of his duties and to have employed his best efforts, learning and ability in the protection of his client s interests and in the discharge of his duties as an officer of the court. CANON 19 - Negative pregnant Negative pregnant is improper since it is an ambiguous pleading (improper if in bad faith and the purpose is to confuse the other party)

In defense: present every defense the law permits.

CANON 20 - Guiding factors for Lawyer s fees - Concept of Attorney s fees - When can a lawyer not recover the whole amount - General vs. Special Retainer - Quantum meruit - Champertous Contract - When is the fee reasonable? - When can a lawyer reveal the secrets of the client ADMINISTRATIVE LIABILITIES - Warning, Admonition, Reprimand, Censure, Suspension and Disbarment - Power to discipline errant lawyers by the 1. Supreme Court 2. CA/RTC 3. Other inferior courts 4. Explain: a. The power to discipline lawyer is Judicial in nature b. Sui generis 5. Instances of gross misconduct and practices 6. Concept of gross immorality 7. Disbarment of a Filipino lawyer in a foreign country SPECIAL DISABILITIES - On purchase of property of rights of the client by a lawyer - Application of Res Ipsa Loquitor - Prejudicial Question - Absolute vs Conditional pardon by the president