Chapter 1: Lawyer and Society CANON 1 A lawyer shall uphold the constitution, obey the laws of the land

d and promote respect for law and for legal processes

Duties of Attorneys: 1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2. to observe and maintain the respect due to the courts of justice and judicial officers; 3. to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he believes to be honestly debatable under the laws; 4. to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5. to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval; 6. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7. not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause for any corrupt motive or interest; 8. never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9. in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
1. 2. 3. 4. 5. 6. 7. Conviction for crimes involving moral turpitude a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: estafa bribery murder seduction abduction smuggling falsification of public documents Morality as understood in law - This is a human standard based on natural moral law which is embodied in mans conscience and which guides him to do good and avoid evil. Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals. Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. Maniwag, 106 SCRA 591).

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 to a high degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. (Narag vs. Narag, 1998)

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 mans cause. Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a fair settlement.
If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the blood, relationship or trust makes it his duty to do so. Temper clients propensity to litigate. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. The law violated need not be a penal law. Moral Turpitude everything which is done contrary to justice, honesty, modesty or good morals. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. Until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance chasing. Barratry offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; Lawyers act of fomenting suits among individuals and offering his legal services to one of them. Ambulance Chasing Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s).

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 oppressed. Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latters rights. Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

 Primary characteristics which distinguish the legal profession from business; 1. duty of service, of which the emolument is a by product, and in which one may attain the highest eminence without making such money; 2. a relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability; 3. a relation to clients in the highest degree of fiduciary; 4. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. Defenseless not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.

Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust.

Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyers position, and all other self-laudation.
Exceptions/ Permissible advertisements: 1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed. 2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and the special branch of law practiced. 3. A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. 4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. 5. Advertisements or announcement in any legal publication, including books, journals, and legal magazines.

Rule 2.04 A lawyer shall not charge rates lower than those customarily or prescribed, unless circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorneys fees were not provided for in the agreement. Rule: A lawyer cannot compromise the case without clients consent (special authority). Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g. Submission for decision on the evidence so far presented. But in case where lawyer is confronted

with an emergency and prompt/urgent action is necessary to protect clients interest and theres no opportunity for consultation, the lawyer may compromise. Rule: Refrain from charging rates lower than the customary rates.

Valid Justification: relatives, co-lawyers, too poor CANON 3 A lawyer in making known is legal services shall use only true, honest, 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, self-auditory or unfair statement or claim regarding his qualifications or legal services.
Violation of Rule 3.01 is unethical, whether done by him personally or through another with his permission.

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 communication that said partner is deceased. 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. 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.
It is unethical to use the name of a foreign firm. Death of a partner does not extinguish attorney-client relationship with the law firm. Negligence of a member in the law firm is negligence of the firm.

CANON 4 A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice.
Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress; Petitions with the Supreme Court for the amendment of the Rules of Court.

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 students and assist in disseminating information regarding the law and jurisprudence.

Objectives of integration of the Bar

To elevate the standards of the legal profession To improve the administration of justice To enable the Bar to discharge its responsibility more effectively. First, he owes it to himself to continue improving his knowledge of the laws; Second, he owes it to his profession to take an active interest in the maintenance of high standards of legal education; Third, he owes it to the lay public to make the law a part of their social consciousness.

The three-fold obligation of a lawyer

CANON 6 These canons shall apply to lawyers in government service in the discharge of their official tasks.
Public Officials include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713). The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: commitment to public interest professionalism justness and sincerity political neutrality responsiveness to the public nationalism and patriotism commitment to democracy simple living (Sec. 4, RA 6713)

1. 2. 3. 4. 5. 6. 7. 8.

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 of disciplinary action. Rule 6.02 A lawyer in the government service shall not use his public position to promote or advance his private interest, nor allow the latter to interfere with his public duties. Rule 6.03 A lawyer shall not, after leaving government service, accept engagements or employment in connection with any matter in which he had intervened while in said service.
1. 2. 3. 4. 5. Various ways a government lawyer leaves government service: retirement resignation expiration of the term of office dismissal abandonment Q: What are the pertinent statutory provisions regarding this Rule?

A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 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: (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.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, 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.
Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law, provided that such practice will not conflict or tend to conflict with their official functions. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no legal basis to sustain the conviction. Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former employer, PNB) The OSG is not authorized to represent a public official at any state of a criminal case.