Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used.

The continued use of the name of a deceased partner is permissible provided that the firm Indicates in all its communications that said partner is deceased.
Canon 33, CPE In the formation of such partnership, no person should be admitted or held out as a member who is not a lawyer. Nor may a group of lawyers hold themselves out as partners when, in fact, they are not or when no partnership actually exists. B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28 Death of a partner does not extinguish the client-lawyer relationship with the law firm. Antonio vs. Court of Appeals, 153 SCRA 592 Negligence of a member in the law firm is negligence of the firm. When the counsel of records is the Law Firm, the negligence of the lawyer assigned to the case consisting in his leaving for abroad without notifying his colleagues is negligence of the Law Firm. Dacanay vs. Baker & Mckenzie Filipino lawyers cannot practice law under the name of a foreign law firm.

Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently.
RA 7160, Section 90 Name of partner should be dropped from the firm name when he accepts public office. If a partner in a law firm has accepted a public office, his name shall be removed from the firm name. Exception : If the law allows him to practice law concurrently while holding the position such as Sanggunian members are subject to certain restrictions. Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not: a. Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; b. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; c. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; d. Use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. Art. VI, Sec. 14, 1987 Constitution No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies.

Rule 6.02. A lawyer in the government shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.
PUBLIC OFFICIALS NOT ALLOWED TO ENGAGE IN PRIVATE PRACTICE OF LAW IN THE PHILIPPINES: 1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC) 2. Officials and employees of the OSG (Ibid.) The OSG is not authorized to represent a public official at any stage of a criminal case. 3. Government prosecutors (People v. Villanueva, 14 SCRA 109). 4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987 Constitution). 5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution) 6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution) 7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). 8. Those prohibited by special law Report of IBP Committee, p.30 Government lawyers, who are public servants owe utmost fidelity to the public service. Public office is a public trust. They do not shed their professional obligation in assuming public positions. They should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. Public officials are required to uphold the public interest over and above personal interest; must discharge their duties with the highest degree of excellence, professionalism, intelligence, and skill; provide service without discrimination; extend prompt, courteous and adequate service to the public; be loyal to the Republic; commit themselves to the democratic way of life and values; and lead modest

Rule 6.03. A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.
PCGG v. Sandiganbayan, GR No. 151805 (2005) There are, therefore, two possible interpretations of the word intervene. Under the first interpretation, intervene includes participation in a proceeding even if the intervention is irrelevant or has no effect or little influence. Under the second interpretation, intervene only includes an act of a person who has the power to influence the subject proceedings. We hold that this second meaning is more appropriate to give to the word intervention under Rule 6.03 of the Code of Professional Responsibility in the light of its history. Various ways a government lawyer leaves government service: 1. retirement 2. resignation 3. expiration of the term of office 4. dismissal 5. abandonment Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by existing law, the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: XXX (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law. xxx These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement,

lives. It is unethical for a government lawyer to remain secretly connected to a law Firm and solicit cases for the said firm with referral fees or monthly retainers for the purpose. Gonzales-Austria, et al. vs. Abaya, 176 SCRA 634 A lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. However, if the misconduct of a government official is of such a character as to affect his qualification as a lawyer or to show moral delinquency, then he may be disciplined as a member of the Bar upon such ground. Enriquez Sr. vs. Hon. Gimenez, 107 Phil. 933 Unlike a practicing lawyer who has the right to decline employment, a fiscal cannot refuse the performance of his functions on grounds not provided for by law without violating his oath of office.

or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply. Section 1, Republic Act 910 it is a condition of the pension provided herein that no retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pensions shall appear as counsel in any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, national, provincial or municipal, or any of its legally constituted officers.