Morals and Ethics

of the Legal
Profession
Cayas
Dybongco
Elizalde
Miranda

Ethics
rules of behavior based on ideas about what is
morally good and bad. (merriam-webster)

Legal Ethics
a branch of moral science which governs the duties
and responsibilities of the lawyer in his dealing with
the court, his client, his colleagues in the profession
and the community at large.

Lawyers duties to the court

As an officer of the court, he

has the obligation to assist in
the administration of justice.

Lawyers duties to his client

Duty to decline a case

Fiduciary Relationship
Preservation of Clients Confidential Information
Termination of Attorney-and-Client Relationship
Attorneys Fees
Attorneys Lien

Liabilities of the lawyer

Lawyers can be held liable

civilly and criminally for
various acts in connection with
the performance of his duties.

Liabilities of the lawyer

Articles 208 & 209 of the
Revised Penal Code
Article 1491 of the New Civil
Code
Rule 138 of the Rules of Court

Liabilities of the lawyer

breach of fiduciary relation

purchase of property
unauthorized appearance
breach of duties to the bar
encroaching upon case of another lawyer
gross negligence or gross ignorance
revelation of secrets of the client
misappropriation of funds of his client
purchase of property of his client in the course of his
employment

Contempt of court
The power to punish for
contempt in any lawyer or
person for gross disrespect of
the court, open defiance of
court order or obstruction of
justice.

duties of the lawyer to his colleagues in the profession

Give due courtesy to opposing

counsel
Should not encroach upon the
employment of another counsel
Membership in the Intergrated Bar
of the Philippines

Lawyers duty to society

The first and foremost duty of a lawyer is
to maintain allegiance to the Republic of
the Philippines, uphold the Constitution,
and obey the laws of the land.
Duty of the lawyer to defend indigent
litigants

Grounds for discipline

May be disbarred or suspended from
the practice on any of the following:

Deceit
Malpractice
Gross misconduct in office
Conviction of a crime involving moral turpitude
Grossly immoral conduct
Violation of lawyers oath

Articles 208 & 209 of the RPC

Art. 208.Prosecution of offenses; negligence and tolerance. The penalty of prision
correccional in its minimum period and suspension shall be imposed upon any public
officer, or officer of the law, who, in dereliction of the duties of his office, shall
maliciously refrain from instituting prosecution for the punishment of violators of
the law, or shall tolerate the commission of offenses.chanrobles virtual law library
Art. 209.Betrayal of trust by an attorney or solicitor. Revelation of secrets. In
addition to the proper administrative action, the penalty of prision correccional in its
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any
malicious breach of professional duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter learned by him in
his professional capacity.chanrobles virtual law library
The same penalty shall be imposed upon an attorney-at-law or solicitor
(procurador judicial) who, having undertaken the defense of a client or having
received confidential information from said client in a case, shall undertake the
defense of the opposing party in the same case, without the consent of his first
client.chanrobles virtual law library

Article 1491 of the NCC

Article 1491. The following persons cannot acquire by
purchase, even at a public or judicial auction, either in
person or through the mediation of another:
(1) The guardian, the property of the person or persons who
may be under his guardianship;
(2) Agents, the property whose administration or sale may
have been intrusted to them, unless the consent of the
principal has been given;
(3) Executors and administrators, the property of the estate
under administration;
(4) Public officers and employees, the property of the State
or of any subdivision thereof, or of any government-owned

Article 1491 of the NCC

or controlled corporation, or institution, the administration of
which has been intrusted to them; this provision shall apply to
judges and government experts who, in any manner whatsoever,
take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with
the administration of justice, the property and rights in litigation
or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions;
this prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and rights
which may be the object of any litigation in which they may take
part by virtue of their profession;
(6) Any others specially disqualified by law. (1459a)

Rule 138 of the rules of court

RULE 138
Attorneys and Admission to Bar

source
Coqui, J. (2003). Legal Profession.
Manila: Rex Printing Company, inc.