CODE OF PROFESSIONAL RESPONSIBILITY AND THE CODE OF JUDICIAL CONDUCT Introduction

Nature of office of office of attorney y He occupies a quasi-judicial office because he is in fact an officer of the court Authorized to practice law, reserved to those who: o Obtained the necessary degree in the study of law and successfully taken the bar examinations o Admitted to the Integrated Bar of the Philippines o Remain members thereof of good standing.

y y

June21, 1988 SC promulgates the Code of Professional Responsibility Code consists of 22 canons and 77 Rules, which are divided into 4 Chapters, namely: o The Law and Society o The Lawyer and The Legal Profession o The Lawyer and The Courts o The Lawyer and The Clients The Code is binding upon all lawyers and failure to live up to any of its provisions is a ground for disciplinary action

Privileges of Attorney y y Enjoys the presumption of regularity in the discharge if his duty. Immune, in his performance of his obligation to his client, from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer His statements, if relevant, pertinent or material to the subject of judicial inquiry, are absolutely privilege regardless of their defamatory tenor and of the presence of malice The law makes his passing of the bar examinations equivalent to:

Practice of Law y The practice of law is a profession, a form of public trust, the performance of which is entrusted to those who are qualified and who possess good moral character. Legal profession is not a trade; the basic and ideal of that profession is to render public service and secure justice for those who seek its aid. It is expressive of three ideals: Organization, Learning and Public Service The gaining of livelihood is just a secondary consideration

y y

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o First Grade Civil Service Eligibility for any position in the classified service in the government the duties of which require knowledge of law; or o Second Grade Civil Service Eligibility for any government position which does not prescribe proficiency in law as a qualification Public versus Private and Personal Duties y Three-fold capacity in which attorney operates: o Faithful assistant of the court in search of a just solution to disputes, as a trusted agent of his client and as a self-employed businessman o Public Duty consists of his obligations to obey the law, aid in administration of justice or cooperate with it whenever justice would otherwise be imperiled. o His private duty refers to his obligation to faithfully, honestly, and conscientiously represent the interest of his client Where his duties to his client conflict with those which he owes to the court and the public, the former must yield to the latter. His obligations to his client, take precedence over his duties to himself

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. y y Canon 1 first and foremost duty of lawyer For a lawyer is the servant of the law and belongs to a profession to which society has entrusted the administration of law and the dispensing of justice

Rule 1.01 y A lawyer should make himself an exemplar for others to emulate

CHAPTER I. THE LAWYER AND SOCIETY

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y y y

Unlawful Conduct act or omission which is against the law Dishonest Act an act of lying or cheating Immoral or Deceitful Conduct one that involves moral turpitude

concerned if only to the extent necessary to safeguard the latter's rights. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. Rule 2.02 y He should, however, refrain from giving such legal advice if the reason for not accepting the case is that he labors under a conflict of interests between him and a prospective client.

Rule 1.03 y y To stir up litigation is a crime known as maintenance at common law. The purpose of the prohibition is to prevent ambulance chasing solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person

Rule 2.03 y The rule prohibits professional touting

Rule 2.04 y What the rule prohibits is the compensation in the matter of charging professional fees for the purpose of attracting clients in favor of the lawyer who offers lower rates

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST,

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FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his qualifications or legal services. 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. Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Proper or permissible advertising or solicitation y The best advertising possible for a lawyer is a well-merited reputation for professional capacity and fidelity to trust, y

which must be earned as the outcome of character and conduct. Exceptions to the rule against advertising or solicitation (expressly allowed and necessary implied from the restrictions). o Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data. The law list must be a reputable law list published primarily for that purpose. o Use of ordinary simple professional card. The card may contain only a statement of his name of the law firm of which he is connected with, address, telephone number and special branch of law practiced. o The publication of a simple announcement of the opening of a law firm or changes in the partnership, firm name, etc. o Have his name listed in a telephone directory but not under a designation of special branch of law. o A lawyer may permit his name be published in a law journal in connection with an account of a legal matter of current interest, in which he is acting as counsel.

Writing Legal Articles

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An attorney may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights (constitutes indirect advertising).

Engaging in business or other occupations y y The fact that he is a lawyer does not preclude him from engaging in business Impropriety arises when the business is of such a nature or is in such a manner as to be inconsistent with the lawyers duties as a member of the bar. y Rule 3.02 y Filipino lawyers cannot practice law under the name of a foreign firm, as the latter cannot practice law in the Philippines and the use of foreign law firm in the country is unethical.

Rule 3.03 y The purpose of the rule is to prevent the law firm from using his name to attract legal business and to avoid suspicion of undue influence. The reason for the disqualification is that a public office is a public trust and a public officer or employee id obliged

not only to perform his duties with the highest degree of responsibility but also with exclusive fidelity. A lawyer member of the Legislature is not absolutely prohibited from engaging in the practice of his profession. o He is only prohibited from appearing as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. o Appearance includes not only arguing a case before any such body but also filing a pleading on behalf of a client as by simply filing a formal motion, plea, or answer. Under the Local Government Code, all governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. They cannot practice law. Members of sanggunian may engage in the practice of law, except in the following: o Not 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; o Not appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense in relation to his office

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o They shall not collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; o They shall not use property and personnel of the Government except when the sanggunian member concerned is defending the interest of the government. A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the Government may not engage in the private practice of law without written permit from the head of the department. Government officials, who, by express mandate of the law, are prohibited from practicing law, may not, even with the consent of the department head, engage in the practice of law; but if so authorized, he may, in isolated case, act as counsel for a relative or close family friend. If the unauthorized practice on the art of a person who assumes to be an attorney causes damage to a party, the former may likewise be liable for estafa. Legal profession forbid an attorney from permitting his professional services or his name to be used in aid of the unauthorized practice of law by lay agency, personal or corporate

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. Rule 5.01 y y A lawyer incurs a three-fold obligation: Continuing legal education is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. Members of the IBP shall complete every 3 years at least 36 hours of continuing legal education activities.

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CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. 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. Rule 6.01 y Public Prosecutor is a quasi-judicial officer. Representative of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all Offended party has the right to intervene in the prosecution of a crime, except: o No civil liability arises in favor of a private offended party; and y

o The offended party is entitled to civil liability but he has waived the same or has expressly reserved his right to institute a civil action or he has already instituted said action. The role of the private prosecutor is to represent the offended party with respect to the civil action for the recovery of civil liability arising from the offense. The intervention of the private prosecutor in the criminal prosecution is always subject to the direction and control of the public prosecutor.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION 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.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be

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unqualified in respect to character, education, or other relevant attribute. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on 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. Rule 7.01 y A person seeking to be admitted in the bar must show that he has all the qualifications and none of the disqualifications prescribed by the law. Every applicant for admission in the practice of law must be: o Citizen of the Philippines o Resident o At least 21 years of age o A person of good moral character o No charges against him involving moral turpitude are filed or pending in court o Possess no required educational qualifications o Pass the bar examinations

Continued possession of good moral character after admission is a requirement for the enjoyment of the privilege to practice. Moral Character what a person really is; the estimate in which he is held by the public in the place where he is known. Good Reputation opinion generally entertained of him.

Educational Qualifications y An applicant must have pursued and satisfactorily completed in an authorized and recognized university, college or school: o 4-year high school course o A course of study prescribed for a bachelors degree in arts or sciences with political science, or logic, or English, or Spanish, or history, or economics as a major or a field of concentrations o A 4-year bachelors degree in law The courses of study leading to the degree of bachelor of laws must be taken progressively in the usual manner. A lawyers name may not be stricken off from the roll of attorneys in the absence of clearly preponderant evidence that he did not possess the necessary qualifications at the time of his admission

y y

Good moral character

Rule 7.03
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He should endeavor to conduct himself at all times in such a way to give credit to the legal profession and to inspire the confidence, respect and trust of his clients and the community

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Rule 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. y His arguments, written or oral, should be gracious to both the court and the opposing counsel and be of such words as may be properly addressed by one gentleman to another. He may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services have been terminated.

Grossly immorality reflective of unfitness to practice y y To justify suspension or disbarment, the act must not only be immoral; it must be grossly immoral as well. Grossly Immoral Conduct one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible. It is enough the act charged constitute a crime Moral Turpitude anything which is done contrary to justice, honesty, modesty or good morals, or to any act or vileness, baseness or depravity in the private and social duties that a man owes his fellowmen or to society, contrary to the accepted rule of right and duty between man and man.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified

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person the performance of any task which by law may only be performed by a member of the bar in good standing. Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or (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 agreement. y Practice of law any activity, in or out of court, which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience. o Engages 3 principal types of professional activities:  Legal advice and instructions to clients to inform their rights and obligations  Preparation for clients of documents requiring knowledge of legal principle

Appearance for clients before public tribunals o Criteria being followed (Cayetano v. Monsod) y Habituality y Compensation y Application of law, legal principle, practice or procedure y Attorney-client relationship Engaging in the practice of law presupposes the existence of an attorney-client relationship 

Persons entitled to practice law y Two basic requirements that must be complied with before a person can engage in the practice of law: o Admitted to the bar  Furnishing satisfactory proof of educational, moral and other qualification  Passing the bar examinations  Taking the lawyers oath before the SC  Signing the roll of attorneys and receiving from the clerk of court of the SC a certificate of the license to practice o Lawyer must remain in good and regular standing  Remain a member of the IBP

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Regularly pay all the IBP membership dues and other lawful assessments Faithfully observe the rules and ethics of the legal profession Be continually subject to judicial disciplinary action.

A layman who engages in the practice of law may be held liable for unauthorized practice.

Practice by corporation y Corporation cannot engage in the practice of law because on the nature of the privilege and on the confidential and trust relation between attorney and client.

Right and privilege to practice y y y Practice of law is to a great extent, a privilege and, to some degree, a right It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness A lawyer cannot be prevented from practicing the law except for valid reasons declared by judgment of the court after opportunity to be heard.

Rule 9.02 y The first two exceptions to the rule represent compensation for legal services rendered by the deceased lawyer during his lifetime The third exception is the retirement benefits in the form of pension represent additional deferred wages or compensation for past services of the employees.

Practice without admission y y A layman is permitted by the SC to appear for another only in the municipal and metropolitan trial court. Three limitations: o Should confine his work to non-adversary contentions. He should not undertake purely legal work. o Services should not be habitually rendered o Layman should not charge or collect attorneys fees. CHAPTER III. THE LAWYER AND THE COURTS CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.

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Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Lawyers duties to court y y y A lawyer is, first and foremost, an officer of the court. His first duty is not to his client but to the administration of justice. Should there be a conflict between his duty to his client and that to the court, he should resolve the conflict against the former and in favor of the latter; his primary duty is to uphold the cause of justice.

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.

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. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. y Second only to Canon 1 is the duty of all attorneys to observe and maintain the respect due to the courts of justice and judicial officers. It is the attorneys duty as an officer of the court to defend a judge from unfounded criticism or groundless attack.

Rule 10.01 y In citing Courts decisions and rulings, it is the bounden duty of lawyers to reproduce or copy the same word for word and punctuation mark by punctuation mark. If not faithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct meaning.

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File grievances with the SC which has administrative supervision over all courts and the power to discipline the judges of lower courts.

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. Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. 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.

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 preference. He should also be ready with the original documents for comparison with the copies. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. 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 judgment or misuse Court processes.

A lawyer shall not resort to forum shopping y Forum Shopping improper practice of going from one court to another in the hope of securing a favorable relief in

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one court which another court has denied or the filing of repetitious suits or proceedings in different courts concerning substantially the same subject matter Test to determine whether a party has violated the rule against forum shopping o Elements of litis pendentia are present o Whether a final judgment in one case will amount to res judicata The forum shopping certificate must be signed by the party himself as he has personal knowledge of the facts stated therein. Except: Juridical person authority to sign and execute the certification must be in form of a board resolution duly passed by the board of directors. The filing of the certification is mandatory and the amendment of the pleading or subsequent filing thereof does not cure the failure to file said certification. Failure to file the certification results in the dismissal of complaint or petition without prejudice, upon motion and after hearing Violation of the rule on forum shopping dismissal of the complaint or petition, with prejudice, meaning plaintiff or petitioner can no longer refile, and such violation constitutes contempt of court

Unlike in criminal action where a defense counsel is required to render effective legal assistance irrespective of his personal opinion as to the guilt of the accused, the rules of the profession demand that a lawyer decline to conduct a civil cause or to make a defense in a civil case suit when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong.

Rule 12.03 y Where a lawyers motion for extension of time to file a pleading, memorandum or brief has remained unacted by the court, the least that is expected of him is to file it within the period asked for. And if for reason he failed it with motion for leave to admit the same, explaining therein the reasons for the deal.

Rule 12.05 y The purpose of the rule is to avoid any suspicion that he is coaching the witness what to say during he resumption of the examination.

Rule 12.08 y The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference between the function of a witness and that of an advocate.

Lawyer to temper clients propensity to litigate

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y y

The function of a witness is to tell the facts as he recalls them in answer to questions The function of an advocate is that of a partisan.

Rule 13.02 y The court in a pending litigation must be shielded from embarrassment or influence in its all important duty of deciding the case. Once a litigation is concluded, the judge who decided it is subject to the same criticism as any other public official because his rulings becomes public property and is thrown open to public consumption. The right if a lawyer to comment on or criticize the decision of a judge or his actuations is not unlimited. It is the cardinal condition of all such criticism that it shall be bona fide, and shall not spell over the walls of decency and propriety.

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. Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 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. y Improper acts of a lawyer which give the appearance of influencing the court to decide a case in a particular way lessen the confidence of the public in the impartial administration of justice and should be avoided.

CHAPTER IV. THE LAWYER AND THE CLIENT CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 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,

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or because of his own opinion regarding the guilt of said person. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio 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.

hesitate to secure such services because they cannot afford to pay counsels fees or fear they will be refused for their inability to compensate the lawyer. o One of the objectives of the IBP is to make legal services fully available for those who need them

Relation as strictly personal Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if: (a) He is not in a 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. Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. y y The primary task of a lawyer, as an advocate, is to represent a party litigant in court Two reasons underlying Canon 14 o The poor and the needy are the persons who, when in trouble, need most the services of a lawyer but y y The attorney-client relationship is strictly personal. It involves mutual trust and confidence of the highest degree. The personal character of the relation prohibits its delegation in favor of another attorney without the clients consent. It terminates upon the death of either the client or attorney. A client can terminate it at any time with or without cause; an attorney however enjoys no similar right and he may be permitted to withdraw from the case only with the consent of the client or of the court. The personal relationship does not require that an attorney adopt as his own the troubles of his client. A lawyer who makes his own the problems of his client is likely to lose his composure and equanimity to his clients prejudice. The preservation and protection of that relation will encourage a client to entrust his legal problems to an attorney.

y y

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Concept of Retainer y y The relation of attorney and client begins from the time an attorney is retained. Retainer act of a client by which he engages the services of an attorney to render legal advice, or to defend or prosecute his cause in court. General Retainer purpose of which is to secure before hand the services of an attorney for any legal problem that may afterward arise. Special Retainer has reference to a particular case or service. Retaining fee preliminary fee paid to insure and secure his future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering serviced to the other party and of receiving pay from him.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. 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.

y y

Employment of law firm y The employment of a law firm is equivalent to the retainer of the member thereof even though only one of them is consulted; conversely, the employment of one member is generally considered as employment of the law firm The death of a partner, who was the one handling the case for the law firm, did not extinguish the lawyer-client relationship

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Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. Rule 15.01 y y The disclosure is for the protection of the lawyer. Concealment of facts material to employment may cause his client to lose confidence in him. y

Rule 15.02 y Rule on privilege communication applied even if the prospective client does not retain the lawyer or the latter declines the employment.

Rule 15.03. A lawyer shall not represent conflicting interests y There is inconsistency of interest within the meaning of the prohibition:

o When on behalf of one client, it is the attorneys duty to content for that which his duty to another client another client requires him to oppose, or when the possibility of such situation develops. (opposing parties are present clients either in the same action or in a totally unrelated case) o Whether the acceptance of a new relation prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double-dealing in the performance thereof, and also whether he will be called upon in his new relation to use against his first client any knowledge acquired in the previous employment. (adverse party against whom the attorney appears is his former client in a matter which is related, directly or indirectly, to the present controversy) The termination of the relation of attorney and client provides no justification for a lawyer to represent an interest adverse to or in conflict with that of the former client. The prohibition applies irrespective of whether or not the lawyer has acquired confidential information from his former client.

Opposing clients in unrelated actions

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Improper for a lawyer to appear as counsel for one party against the adverse party who is his client in another totally unrelated action.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

New client against former client y A lawyer is forbidden from representing a subsequent client against a former client only when the subject matter of the present controversy is related, directly or indirectly, to the subject matter of the previous litigation. Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 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 judgments and executions he has secured for his client as provided for in the Rules of Court. Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest 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.

Where clients knowingly consent y The general rule that a lawyer may be allowed to represent a conflicting interests , where the parties consent to the representation, may apply only when one client is a former client, and not where both clients are current clients in the case, where each asserts an interest adverse to that of the other. Attorneys secretary, stenographer or clerk who has acquired confidential information from the attorneys client may not accept employment, after becoming a member of the bar, represent an interest adverse to that of the attorneys client.

Rule 15.06 y Practice of law does not include influence-peddling

19 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-

Purchase of clients property in litigation y One of the rules protective of the fiduciary relation between lawyer and client is the law prohibiting a lawyer from purchasing, even at public or judicial auction, either in person or through the mediation of another, any property or interest involved in any litigation in which he may take part by virtue of his profession. Intended to curtail undue influence of the lawyer upon his client on account of his fiduciary and confidential relation with him. The rule forbidding an attorney from purchasing his clients property or interest involves 4 elements: o There must be an attorney-client relationship o The property or interest of the client must be in litigation o The attorney takes part as counsel in the case o The attorney by himself or through another purchases such property or interest during the pendency of the litigation. The prohibition is not applicable to a contract for attorneys fees contingent upon the outcome of the litigation. o Contingent Fee contract neither gives nor purports to give the attorney an absolute right, personal or real, in the subject matter during the pendency of the litigation. The measure of compensation provided is a mere basis for the computation of the

fees and payment from out of the proceeds realized in the litigation. Rule 16.01 y The rule requiring a lawyer to promptly account or his clients money is applicable to him, and his failure to immediately remit the amount gives rise to the presumption that he has misappropriated it for his own use.

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. y In the discharge of his duty of entire devotion to the clients cause, a lawyer should present every remedy or defense authorized by law in support of his clients cause. The lawyer should not be afraid of the possibility that he may displease the judge or the general public.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 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

20 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-

consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. Duty to serve with competence and diligence y He impliedly represents that: o He possess the requisite degree of learning, skill and ability o He will exert his best judgment in the prosecution or defense of the litigation entrusted to him o He will exercise reasonable and ordinary care and diligence o He will take such step as will adequately safeguard his clients interest

y y

The key to the problem of how best a lawyer can safeguard his clients rights and interests is through study and preparation. Lawyers pleading shows the extent of his study and preparation, articulates his ideas as an officer of the court, mirrors his personality and reflects his conduct and attitude toward the court, the opposing party and his counsel. A lawyer may interview a witness in advance of trial to guide him in the management of the litigation. A lawyer may also interview a prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. An adverse part, though he may be used as a witness, is not, a witness within the meaning of the rule permitting a lawyer to interview the witness of the opposing party even without the consent of the opposing counsel.

Rule 18.03 y A lawyer who accepts a legal matter from his client is understood that he will take all procedural steps necessary to prosecute the clients claim or to defend he clients rights in the action. He must exercise ordinary diligence or that reasonable degree of care and skill having reference to the character of the business he undertakes to do, as any other member of the bar similarly situated commonly posses and exercises.

Rule 18.02

21 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-

Professional writ-runners lawyers who handle large volume of cases for less than spectacular fees by advising, influencing, cajoling or even coercing clients to plead guilty, irrespective of their guilt or innocence.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

y y

Rule 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. Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. Authority of the lawyer

The employment confers upon the attorney no implied or apparent authority to bind the client on substantial matters, except by written agreement or a special attorney. An attorney has no power to receive or accept on behalf of his client the service of summons in his bare professional capacity (unlike in a corporation). Delegation of authority prohibited but the client may ratify Delegation of work a lawyer has the implied power to delegate to his associate or assistant attorney, under his supervision and responsibility, part or the whole of the legal work to be performed in the prosecution or defense of the clients cause. He may authorize another lawyer on his behalf t appear in court

Authority to Appear y y Appearance coming into the court as a party either as a plaintiff or as a defendant and asking relief. The formal method of entering appearance in a cause pending in court is to deliver to the clerk of court a written direction asking him to enter his name as counsel for a party and requesting that copies of notices be sent him at the address clearly indicated, with copy of his appearance furnished the adverse party. Two attorneys are considered to be the counsel, in the absence of a withdrawal of appearance.

22 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-

A party who has not authorized an attorney to represent him is not bound by the attorneys appearance in the case nor by the judgment rendered therein. The unauthorized appearance may be ratified by the party concerned either expressly or impliedly (retroacts from the date of the attorneys first appearance). 3 requisites of implied ratification: o Party represented by the attorney is of age or competent or if he suffers from any disability, he has a duly appointed guardian or legal representative o Party or his guardian is aware of the attorneys representation o He fails to promptly repudiate the assumed authority

o when he is allowed to withdraw with the consent of the other party o when the court, upon showing palpable mistake, permits him to withdraw from the stipulation o When what the lawyer agreed is that a witness, if presented in court, would testify as stated by the adverse attorney. Matters Imputed to Clients y Knowledge acquired by an attorney the time that he is acting within the scope of his authority is imputed to the client. Notice to the lawyer is notice to client. Notice to the party is not valid. Except: valid order by the court. Mode of Service of Notice: o General Rule: Service and filing of pleadings and other papers should be done by personal service. o Exception: Service by other modes, practicable to make service personally and there must be written explanation. Mistake or negligence of counsel o General Rule: Client is bound by his counsels conduct, negligence and mistake in handling the case, or in the management of litigation and in procedural technique.

y y y

Conduct of Litigation y The court may relieve a party of the adverse consequences o his attorneys admission upon showing of palpable mistake The authority of an attorney to bind his client as to any admission of facts made by him is limited to matters of judicial procedure. A party may be relieved of the legal effects of the stipulation made by his attorney only:

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o Exception: Adherence thereto will result in outright deprivation of the clients liberty or property or where the interests of justice so require, and accord relief to the client who suffered by reason of the lawyers gross or palpable mistake or negligence.  Judgment against the client may be vacated and he is granted a new trial/  It must be shown that the client has good and meritorious claim or defense and that the client is not himself guilty of gross negligence.

(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 from 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. Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. 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.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: (a) The time spent and the extent of the service rendered or required; (b) The novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d) The skill demanded;

24 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. y A lawyer has the right to recover from his client a fair and reasonable compensation for his services. o Where he has agreed to render service gratuitously or has been appointed counsel de officio What a lawyer may collect as his fees is always subject to judicial control. The right of a lawyer to reasonable compensation for his services requires the existence of an attorney-client relationship and the rendition by the lawyer of his services to the client.

o The amount stipulated in the contract is unconscionable o No agreement as to fees exists between the partied o The client rejects the amount fixed in the contract as unconscionable and is found to be so o Some act or event has precluded the lawyer from concluding the litigation without the fault on his part. Who is liable for attorneys fees? y y General Rule: Only the client who engaged the services of counsel Exception: Person who accepts the benefits of the legal representation impliedly agrees to pay the lawyers service.

y y

Quantum Meruit y y Quantum Meruit amount which his services merit. Essential for the proper operation of the principle that there is an acceptance of the benefits by one sought to be charged for the services rendered. The doctrine is a device to prevent undue enrichment The court will fix the amount of attorneys fees on quantum meruit basis in any of the following instances: o The agreements as to counsel fees is invalid for some reason other than he illegality of the object performance

Who are entitled to or share in attorneys fees y General Rule: Lawyers who jointly represent a common client for a given fee, in the absence of agreement as to division fees, share equally as they are special partners for a special purpose. Fees of lawyers separately employed by a client to prosecute or defend his cause depend upon their respective fee arrangements with the client. If several lawyers separately employed by a client do not have express agreement with the client, each of them will

y y

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y y y

be entitled to no more than what his services actually performed are reasonably worth. The right of a lawyer to share in the professional fees rests on services performed. A non-lawyer cannot recover attorneys fees even if there is a law authorizing him to represent a litigant in court. A lawyer who is absolutely disqualified from engaging in the private practice of law by reason of his government position may neither practice law nor chare attorneys fees for such services.

Attorneys conduct affecting his right to fees y The right of a lawyer from his client a reasonable compensation or services already performed may be affected or negated by misconduct on his part. A lawyer who defrauds his client or acts in bad faith in his dealings with him forfeits the right to claim payment for his services.

If the withdrawal is with the clients written conformity, it is presumed, that he and his client have mutually agreed to terminate his services and to compensate him for such services up to the date their relationship is terminated. o The lawyer should, however, refund to his client such part of the retainer as has not been clearly earned. If the withdrawal is without the clients written consent but for justifiable cause made after due notice to the client. The lawyer may recover the reasonable worth of his services up to the date of his withdrawal, EXCEPT: agreed fee us contingent and the contingency has not arisen.

Representation of adverse interests y The simultaneous representation by a lawyer of opposing parties controversy, in the absence of the clients consent to the dual representation made after full disclosure of the facts, negates the lawyers right to receive compensation from both of them.

Withdrawal of counsel from the case Attorneys discharge by client y The lawyers unceremonious withdrawal from or abandonment of the action which prejudice the client negates his right to compensation for services rendered in the action. y If there is no express agreement as to fees, the lawyer may only be entitled to recover reasonable value of his service up to the date of his dismissal.

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o Exception: Where the dismissal comes after the successfully prosecuted or defended his clients cause the lawyer may be entitled to the full amount so agreed. If the contract between a client and his lawyer is in writing and the fee stipulated is absolute and reasonable, a lawyer who is discharged without justifiable cause will be entitled to the full amount. If the fee stipulated is contingent and the lawyer is unlawfully dismissed before the conclusion of the action, he may recover the reasonable value of his services rendered. If the contingency occurs or the client prevents its occurrence by dismissing, settling or waiving his cause, the lawyer may be entitled to the full amount agreed in the contract.

valid written contract or in the absence of such, based on quantum meruit. Clients compromise of action y If the compromise is with the consent of the lawyer, he will be entitled to only the reasonable value of his services fixed on the basis of quantum meruit. If the client settles his cause in bad faith or in fraud of his counsel, the lawyer will be entitled to recover the full amount of the fees stipulated in a valid written contract or the reasonable worth of his services

Contract for attorneys fees y y Counsel Fees obligations of client in favor of his lawyer. Attorneys fees (in the concept of damages) part of the damages which the court may award in favor of the prevailing party. The nullity of a professional contact which results from the illegality of the object sought to be achieved by the performance of the professional services precludes a lawyer from recovering his fees for such services. If the nullity of the contract is due to want of authority on the part of one of the contracting parties or to some

Clients dismissal action y If the dismissal of the is in good faith and is based on an honest belief that the client has no valid cause, the lawyer may recover only the reasonable worth of his services, EXCEPT when the fee is contingent in which case there will be no recovery. Dismissal of the action by the client is in bad faith and is intended to defraud the lawyer of his compensation, the lawyer will be entitled to the full amount stipulated in a

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irregularity of the fees fixed, the lawyer will be entitled to recover what is justly due for him for his services on the basis of quantum meruit. Unconscionable Fee the amount which, under the circumstances surrounding the case, constitutes as over exaggeration of the worth of the lawyers services. The unconscionability of the amount of fees stipulated in a professional contract renders the contract invalid. o The circumstance that the client knowingly entered into such contract does not estop him from questioning its validity for estoppel. o The unconscionability of the stipulated amount will not preclude recovery; it will only justify the court to fix the reasonable worth of the lawyers services on the basis of quantum meruit. Contract of Contingency agreement in writing which the fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend a supposed right. o A contingent fee contract is generally valid and binding, unless it is obtained by fraud as to amount to an extortion.

Inverse Proportion Rule rests on the assumption that the amount of work required remains the same even though the interest in controversy exceeds several million pesos. An absolute fee arrangement entitles the lawyer to get paid for his efforts regardless of the outcome of the litigation. The legislature, in the exercise of its police power, may by law prescribe the limit of the amount of attorneys fees which a lawyer may charge his client.

Procedure to Recover Fees y Petition as incident of main action o A lawyer may enforce his right to fees by filing the necessary petition as an incident of the main action in which his services were rendered only when something is due the client in the action from which the fee is to be paid or when the client settles or waives his cause in favor of the adverse party in fraud of the lawyers claim for compensation. o The question fees cannot be determined until after the main litigation has been decided and the subject of recovery is at the disposition of the court. Independent civil action a lawyer can enforce his right to a reasonable compensation for services rendered in an independent civil action in cases where:

Measure of Compensation

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o The court trying the main action in which the lawyers services were rendered dismissed the clients action or awarded nothing to the client o The court that decided the main litigation had no jurisdiction over the action or had already lost it o The person liable for attorneys fees is not a party in the main action o The court reserved to the lawyer the right to file a separate civil suit for the recovery of his fees o The services for which the lawyer seeks payment were rendered in connection with a matter not in litigation. If the court has no jurisdiction over the subject matter of the main action or has already lost jurisdiction over it, that court can have no power to award and fix the attorneys fees.

the court may award shall belong to the lawyer as his compensation.

Attorneys fees as damages y y y The award that the court may grant to a successful party by way of attorneys fees is an indemnity for damages The attorneys fee which a client pays his counsel refers to the compensation of the latters service. The fee as an item of damages belongs to the party litigant and not to his lawyer. o The client and his lawyer may, however, agree that whatever attorneys fee as an element of damages
29 Do not be afraid for I am with you and will rescue you, declares the LORD -Jessamyn Uy-