Kwin Transcripts - Pale

PROBLEM AREAS IN LEGAL ETHICS
Kwin
June 6, 2010
FOUR FOLD DUTY OF THE LAWYER
1. to the court
2. to the society
3. to the bar
4. to the client
LEGAL ETHICS
Legal ethics is that branch of moral science that traits up the
lawyers duties to those four elements.
SOURCES OF LEGAL ETHICS
1. constitution
2. legislation
3. rules of court
4. other special laws, jurisprudence and moral laws
The bulk of the jurisprudence here in the Philippines can be
found in the Code of Professional Responsibility.
PURPOSE
Why is it important?
The survival of the legal profession depends on it. the
highest moral and ethical standards should be maintained so
that the people will continue to repose their trust in lawyers
and the in the role they play in the administration of justice.
So the purpose here is to perpetuate the profession.
PRIMARY CHARACTERISTICS WHICH DISTINGUISH LEGAL

PROFESSION FROM BUSINESS
1. duty of public service of which emolument is a by products
Emolument should not be the first intent.
2. lawyer is an officer of the court
We have discussed the four fold duties of a lawyer.
Which has precedence of the four? The duty to the court.
As officer of the court, the lawyer should see to it that at
the end of the day justice is served.
How does the lawyer do this? It is in the lawyers oath,
he shall do no falsehood, he shall not permit the falsehood
done by others, and that he must do his duty with utmost
fidelity.
LAW PARTNERSHIP
Is the partnership a legal entity?
NO. It is not in a strict sense of a word. It really just a lose
partnership or a relationship or any association for the
particular purpose of rendering legal services for the clients.
It is not a partnership for the purpose of carrying on a trade
or business or holding property.
Case: Tan vs del Rosario
A professional law partnership even if registered with the
SEC is not even a taxpayer. And any lawyer practicing in a
partnership is considered a solo practitioner who is the TP.
A partnership is just an association of lawyers. They share
office space and some share clients. And they also share
legal expenses.
But the partnership itself is not a separate legal entity.
Because the law profession is based on personal
responsibility. So if the lawyer can just hide behind the
partnership name, then it negates personal liability and
responsibility of lawyering.
CORPORATIONS CANNOT PRACTICE LAW

Can corporations practice law?
NO. Practice of law is reserved only to natural persons who
are lawyers, either in solo practitioners or in partnership
with other lawyers.
REASON VEIL OF CORPORATE FICTION
Why can there be no corporate practice of law?
The underlying reason why juridical entity or juridical
agency cannot practice law rests on the nature of the
privilege and on the confidential and trust relation between
attorney and client.
Remember that the personality of the corporation is
different from that of the SH. Such that liabilities of the
corporation cannot be the liability of the individual SH.
Thats the VEIL OF CORPORATE FICTION.
If we allow the corporation to practice law, we allow
lawyers to avoid personal liability and accountability by
forming corporation and making them SH. We cannot disbar
corporations.
3. fiduciary relation to client

Fiduciary relationship is based essentially on trust and
confidence. As a fiduciary, the lawyer has obligations to
account for his time, money and property and to ensure
that there is no malpractice.
4. candor, fairness to colleague in the bar
There is brotherhood among lawyers.
There are even duties on the part of the lawyer not to
steal clients of other lawyers and downgrade the ability of
other lawyers.
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RULES PROMULGATED BY SC
SC shall promulgate rules concerning the:
1. protection and enforcement of constitutional rights
2. pleading, practice and procedure in all courts
3. admission to the practice of law
4. admission to the integrated bar
5. legal assistance to the under privilege
ADMISSION OF PRACTICE OF LAW
This is how SC dictates on:
a. how we should take the bar exam
b. who are qualified to take the bar
c. removal from practice of law
No less than the constitution grants the SC authority to
promulgate rules in the practice of law. That carries with it
the authority to remove the practice of law. That is why
apart from the admission on the practice of law, the SC still
has administrative control and supervision of lawyers. After
due investigation, SC can fine, suspend and disbar.
ADMISSION TO THE INTEGRATED BAR
Can you opt not to be a member of the IBP?
NO. Because it is mandated by the rules of court. All
lawyers must be members of the IBP and membership in the
IBP is a requisite before one can practice law.
CONTITUTON AS SOURCE OF LEGAL ETHICS

PRACTICE OF LAW CONCURRENT WITH PUBLIC POST
Can these persons practice law concurrent with their public
post?
President? Of VP?
NO. Prohibition is absolute.
Senators? Members of the House of Representatives?
Yes. But the probation is relative.
They can practice law but they cannot personally appear
before the courts, quasi judicial agencies and other
administrative bodies.
Members of the constitutional commissions?
Ombudsmen and deputy ombudsmen?
Judges and justices?
Retired judges and justices?
Yes. But there are some prohibitions. There are some cases
where they are not allowed to appear
Governors, and city and municipal mayors?
Sanggunian members? Councilors?
Yes. But there are conditions.
CONSTITUTIONAL PROVISIONS ON SENATORS AND MEMBERS
OF THE HOUSE OF REPRESENTATIVES
They can practice law but they cannot personally appear
before any court of justice or electoral tribunals, quasi
judicial and other administrative bodies.
Case: Puyat vs de Guzman
A member of congress appeared before the SEC as counsel
for the corporation. The opposing lawyer questioned his
appearance.
He was not allowed to appear. So he purchased stocks, at a
nominal amount. The next hearing, he went back not as
counsel but as SH.
SC said that a member of congress cannot indirectly fail to
follow the constitutional prohibition of not appearing
personally as counsel before the SEC by buying a nominal
share in the corporation after his appearance as counsel
therein was contested.
CONSTITUTIONAL PROVISIONS ON PRESIDENT
Sec 13 art 7 of the constitution : Absolute prohibition on
the president, VP and members of the cabinet and members
of the family of the president.
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RULES OF COURT AS SOURCE OF LEGAL ETHICS
BEING AN EXECUTOR OR ADMINISTRATOR OF THE ESTATE
Sec 7 rule 85
When the executor or administrator is an attorney, he shall
not charge against the estate any professional fees for any
legal services rendered by him.
And if the lawyer violates this, not only is he violating the
rules of court, he is also violating ethical rules.
What is the reason why the lawyer is prohibited from
charging professional fees?
You have to defend the estate against many claims and
prosecute claims against the estate.
There might be the temptation on the part of the lawyer to
take advantage of his fiduciary powers, like charging very
large fees.
To avoid any temptation, there is this prohibition.
So if you want to become the lawyer for the estate, might as
well decline being the executor and charge the estate for
attorneys fees.
ATTORNEY CLIENT PRIVILEGE

An attorney cannot without the consent of the client be
examined as to any communication made by the client to
him by his advise given thereon in the course of professional
employment.
OTHER SOURCES OF LEGAL ETHICS FROM THE RULES OF
COURT
138 qualifications for admission to the bar
138-a the law student practice rule
139-a Integrated Bar of the Philippines
139-b grievance procedures, disbarment or suspension of
lawyers administrative proceedings and liabilities of
lawyers
LEGISLATION AS SOURCE OF LEGAL ETHICS

Art 1491 NCC ACQUISITION OF PROPERTIES PENDING
LITIGATION
Art. 1491. The following persons cannot acquire by purchase, even at a public
or judicial auction, either in person or through the mediation of another:
(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.
Simply put, under this article, lawyers are prohibited to

acquire by any means, personally or through another,
property or rights, pending litigation which they are
handling.
What if they buy the property pending litigation? What is
the effect? How do you consider the contract of sale there?
VOID. Because it is contrary to law.
And because it is void, the client cannot ratify it later even
after litigation is over.
LABOR CODE
You cannot overcharge your attorneys fees. It must not
exceed 10%.
RPC BETRAYAL OF TRUST BY AN ATTORNEY
Aside form criminal liability, there could also be
administrative liability.
PROMULGATIONS BY SC AS SOURCE OF LEGAL ETHICS

CODE OF PROFESSIONAL RESPONSIBILITY
This was promulgated by SC on June 21, 1988. It still stands
up to now.
Being an issuance of the SC, it is binding on all the lawyers.
CANONS OF PROFESSIONAL ETHICS
Its an older promulgation.
It was not superseded by the CPR. But the CPE has a
suppletory effect of the CPR.
However if there is a conflict between the CPR and CPE, CPR
prevails.
COURT DECISION, TREATISES AND OTHER SOURCES OF LEGAL

ETHICS
AMERICAN BAR ASSOCIATION
MODEL RULES OF PROFESSIONAL CONDUCT
But from these American Bar Association and Model Rules
are similar to the provisions of CPR. But these could also
have suppletory effect.
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RELATION OF ETHICS AND MORALITY
Are ethics and morality the same?
NO.
In fact there are times when they can be mutually
exclusive.
MORALS
Morals define personal character and the morals could
differ from one person to another.
ETHICS
While ethics stresses a social system in which those morals
are applied.
So ethics applies regardless of who the person is.
IOW ethics point to standards or code of behavior expected
by the group to which the individual belongs, regardless of
the personal moral code of the particular person.
Example.
You consider a criminal defense lawyer. Though the
lawyers personal moral code likely finds murder immoral
and reprehensible, ethics demand the accused client be
defended as vigorously as possible, even when the lawyer
knows that the party is guilty and that a free client would
potentially lead to more crimes.
Legal ethics must override personal morals for the greater
good of upholding the justice system for which the accused
is given a fair trial and the prosecution must prove guilt
beyond reasonable doubt.
Example.
Your client is accused of murdering somebody and you
personally know that your client is guilty. What should you
do in the defense of the client?
Employ all fair and honorable means in doing so.
When we say affair and honorable means, utilize all
applicable legal defenses.
Check if prescription has set in. Check how the information
is worded, if it is complete or sufficient. There are grounds
for the dismissal of criminal actions. There are also defenses
and mitigating circumstances.
But you should never resort to underhanded or illegal
means, like manufacturing evidence or killing of witnesses.
Example.
Your client is guilty but prosecution was not able to prove
guilt beyond reasonable doubt, what should you do?
Under that circumstance, your client is entitled for the
acquittal. So you should move for the acquittal. Because
guilt was not proven beyond reasonable doubt.
COROLLARY PRINCIPLES
NOT EVERTHING LEGAL IS MORAL
NOT EVERYTHING LEGAL IS ETHICAL
ACQUISITION OF PROPERTY PENDING LITIGATION AND EVEN
AFTER
What is prohibited by this provision? The acquisition of
rights or property pending litigation of which the lawyer is
handling
If the litigation is over, can the lawyer acquire?
YES. It is legal because it is no longer covered in the
prohibition.
But there are several cases that SC had held that although
the sale is legal, there is doubt as to the ethics of the
situation. We cannot shake doubt that the lawyer has still
employed his moral ascendancy, and legal superiority over
his client.
The lawyer was still held ethically responsible although the
sale was legal.
This did not happen in all cases involving acquisition after
litigation. But there are still some cases where the lawyer
was held ethically responsible.
THE POWER TO ADMIT TO THE BAR IS VESTED TO THE SC

Can congress pass a law lowering the passing percentage?
You can answer it both ways:
FIRST ANSWER:
No. Because the power to admit to the bar is vested in the
SC and congress cannot encroach in the prerogative of the
SC.
SECOND ANSWER:
Yes. But the law is subject to the approval or disapproval of
SC.
BEFORE: BATASANG PAMBANSA MAY REPEAL OR ALTER
Before our present constitution, in 1935 and 1973; it said that
SC shall have the power to promulgate rules concerning
admission to the bar, ect. Which however may be repealed,
altered by Batasang Pambansa.
So before congress really had the power to alter these rules.
But that phrase has been deleted and the deletion of the
phrase reinforces the policy that the admission to the bar is
a the prerogative of the SC.
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REQUIREMENTS FOR THE ADMISSION IN THE BAR
May you be admitted to Philippine bar?
Comply with all requirements:
1. Citizen of the Philippines
Because when you take the lawyers oath, you will have
to pledge allegiance to the Philippines. You cannot do that
if you are an alien.
What if you are a dual citizen? You can, as long as one of
those citizenship is a Filipino.
Case: In re Argosino
Argosino killed a neophyte in a hazing incident in a
fraternity. He pleaded guilty to homicide through reckless
imprudence, served probation, took the bar and passed the
bar. But he not allowed to take the lawyers oath because
of her conviction.
But SC said that we are not allowing you to take the
lawyers oath, but we are directing you to submit evidence
to prove that you have reformed your character.
Case:
A Filipino lawyer went to Canada and got sick. To avail of
the health care there, he was naturalized as a Canadian
citizen. When he got well, he wants to practice law again in
the Philippines. He got repatriated. What is the effect of his
repatriation?
The SC required him to take the oath again.
(06-21 discussion)
So in the next case, he petitioned again to be allowed to
take the lawyers oath. And to prove that he had reformed
his character, he presented proof in the form of
testimonials from several senators and congressmen, heads
of religious associations, persons from the academe, all
saying that they know him and that he had improved his
character.
Argosino also said that he had formed a scholarship
foundation in the name of the person who died.
SC finally allowed him to take the lawyers oath.
2. At least 21
3. Good moral character
The legal profession is reserved to those who have good
moral character.
In ethics, conduct that merely escapes criminal law is not
the conduct that we are looking for.
4. Residency
5. No charges against him involving moral turpitude have
been filed or are pending in any court of the Philippines
What is moral turpitude?
It offends the generally accepted code of mankind. It is
an act of baseness, vileness or depravity in the private and
social duties which a man owes to his fellowmen and
society in general.
It is immoral in itself regardless of the fact that it is
punishable by law or not. The doing of the act itself is
inherently immoral and not the prohibition by law.
SC WARRANTIES IN ADMISSION TO BAR

The SC is giving warranties in admitting a person to the
practice of law:
1. person so admitted has the necessary learning and
proficiency
2. he has good moral character
There are some crimes that jurisprudence has already

declared these crimes as involving moral turpitude like:
a. Robbery
b. Adultery
c. Bigamy
d. Extortion
e. Bribery
f. Forgery
g. Libel
How about those crimes in which the law is silent? How
do you know if it involves moral turpitude?
The safe thing to do is to just disclose the charges against
you and it is up to SC to decide if it involves moral turpitude
or not, rather than SC discovers consequently that you
have concealed a charge against you.
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June 21, 2011
PRACTICE OF LAW
What is the practice of law?
Case: Cayetano vs MOnsod
Any activity in and out of court which requires the
application of law, legal procedure, knowledge, training and
experience.
Here, Monsod was appointed Chairman of the COMELEC.
Cayetano questioned it that he was not in the practice of
law for then years. Because he only worked in banks, NGOs
and nothing to do with legal work.
SC said that it still falls under the practice of law.
PRACTICING LAWYERS VIS A VIS TRIAL LAWYERS
You have to distinguish a practicing lawyer from a trial
lawyer.
All trial lawyers are practicing lawyers. But not all practicing
lawyers are trial lawyers.
OLD DEFINITION OF PRACTICE OF LAW
Why is this definition important?
Because they are not the same. Before Cayetano vs
Monsod, these are the characteristics determinative in the
practice of law:
a. Habituality
b. Compensation
c. Application of law, legal principle, practice or procedure
which calls for legal knowledge, training and experience
d. attorney client relatrionship
PRACTICE OF LAW IS A PRIVILEGE

We know that a practice of law is a privilege. Because all
lawyers must go to the inherent regulatory power of SC.
PRACTICE OF LAW PARTAKES IN A NATURE OF A RIGHT
It is a privilege. It has many responsibilities, and not
everybody can insist on becoming lawyers but it can partake
in the nature of a right.
But it can also partake the nature of a right.
Case: Philippine Lawyers Association vs Agrava
Agrava is the director of the patents office. He required
that before the lawyer can practice in the patents office, the
lawyer to take an examination and to pass the examination
or even as oppositor of the patent.
Can Agrava do that?
NO.
SC said that if you have passed the bar, then you can
practice before any court or quasi judicial tribunal or agency
without further requirements.
So it partakes in the nature of a right. Once ou practice law,
nobody can require additional qualifications.
The RTC cannot say that if you are not accredited byteh
court, you cannot practice before the court.
-REQUIREMENT OF EXAMINATION FOR EMPLOYMENT
PURPOSES
But you have to differ this with requiring an examination
for employment purposes in a government office or in any
office for that matter.
With the new definition, 1 and 2 are dispensed with.

SCRIVENING NOT PRACTICE OF LAW
It is the filling of blanks in standardized or stereotype forms,
which involves purely clerical work without need for any
legal interpretation.
Is this practice of law?
NO. It does not involve the determination of a framed mind
of the legal effects of facts and circumstances.
TEACHING NOT PRACTOCE OF LAW
Is teaching of law practice of law?
NO.
In DOJ Minister of Justice Opinion 1899 series of 1996, it is
not a practice of law. A law professor does not deal with
clients whose rights are subject to legal controversies.
He does not hold himself as a lawyer but as a mentor
leaned in the law who is qualified by reason of his legal
training to instruct students of legal subjects.
Example. If you just passed the bar and you are applying as
an employee in a patent office. They require you to take an
entrance exam and have an interview afterwards. Can you
say I have just passed the examination and you do not need
any further examination?
NO.
It is a different thing if you seek for employment. Because
that is EMPLOYERS PREROGATIVE, prerogative to hire and
not to hire.
And corollary to that prerogative is the giving of the exam
and interview.
What the Agrava case involved is the examination before
you can practice in the Patent Office.
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WHO MAY PRACTICE LAW
REQUIREMENTS UNDER RULES OF COURT
Who can practice law under the rules of court?
Those who have been admitted to the bar in good and
regular standing.
So if you are admitted to the bar but you are under
suspension, you cannot practice law.
Or if you have failed to comply with MCLE requirement, or
not paid the IBP dues.
PRACTICE OF LAW LIMITED TO LAWYERS
Why is the practice of law limited to lawyers?
Because of the complexity of procedure.
To protect party litigant, because of the complex nature of
judicial proceedings; to protect public interest through
assuring that judicial proceedings takes place with dispatch
without sacrificing justice and efficiency.
SANCTIONS FOR UNAUTHORIZED PRACTICE OF LAW
1. injunction
2. criminal prosecution
3. damages
4. denial of right to fees
Case:Manangan vs CFI
A person masqueraded as a lawyer using the name of a
dead lawyer. He was found guilty of CONTINUOUS
FRAUDLENT MISREPRESENTATION and HIGHLY IMPROPER
CONDUCT tending directly to impede, obstruct, degrade and
make a mockery of the administration of justice.
So he was adjudged contempt of court, severely censured
and sentenced to suffer three months in prison.
SHARIA LAWYER MUST ALSO PASS REGULAR BAR EXAM TO

PRACTICE IN REGULAR COURTS
Can a Sharia lawyer who is a bachelor of laws graduate but
has not passed the regular bar exams appear as counsel
before the RTC? Even if both parties of in the RTC are
Muslims and the case involves the application of Muslim
Code or Personal Laws?
NO.
Sharia lawyers who have not passed the regular bar exams
can only practice before the Shari'a courts.
To be able to practice in the regular courts, they should
also pass the SC bar exams.
MUST PASS SHARIA BAR EXAMS TO PRACTICE IN SHARIA
COURTS
In the same way that if you have passed the bar exams and
you not passed the Shari'a bar, you cannot appear before
the Shari'a courts.
APPEARANCE PRO HAC VICE

Appearance by a lawyer who is not licensed to practice in a
jurisdiction, but only in connection to a particular case. He
may be allowed by courts under limited circumstances if the
appearance is only in an isolated case and no compensation
is charged for the service.
SHARIA COURTS AND LAWYERS

Sharia lawyers because theres a muslim code of personal
laws, that are different from the Family Code of the
Philippines.
Under the law we have the Sharia courts which have
jurisdiction when it comes to cases involving the application
of the Muslim Code or Personal Laws.
SHARIA BAR EXAMS
And to practice before the Sharia courts, you have to be a
Shari'a lawyer. To be one, you have to pass the Sharia bar
exams.
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APPEARANCE IN PROPRIA PERSONA/PR SE PRACTICE
Appearance in propria persona or pro se practice.
This is appearance in court by a non lawyer for himself and
without the assistance of another lawyer.
So a party to a case represents himself without the assistance
of a counsel.
ALLOWED BY THE CONSTITUTION
Is this allowed?
YES. No less than the constitution says the due process
clause. There is right to be heard by himself or by counsel.
The constitution does not say by himself or by a counsel.
ALLOWED BY RULES OF COURT
Rules of court says, every pleading must be signed by the
party or the counsel representing him. So anybody, even if
you are not a lawyer.
Case: In re Boromeo
SC said while pro se practice is allowed, it is not advisable.
A little learning is a dangerous thing. He who acts as his own
lawyer has a fool for a client.
Because Boromeo here was a non lawyer but too litigious
for his own good. He had a little legal knowledge.
He borrowed from a bank and had real estate mortgage
over his real property. He was not able to pay so the bank
foreclosed. He sued the bank, but he lost. Then he sued the
bank manager, but he lost again. He also sued the new bank
managers and the clerks in the bank, he still lost. Different
cases, same cause of action.
He also got very dissatisfied how the courts handled his
cases. So he sue the clerk of court, judges, justices in CA and
SC. He also filed administrative cases in the opposing
counsel.
SC finally had to put a stop to everything and cited him on
contempt.
Anybody as long as you are a party can represent himself
without a counsel.
NOT ALLOWED TO CORPORATIONS
Pro se practice however is not applicable to corporations.
San Miguel corporation cannot appear for himself. OW it
will circumvent the prohibition of corporate practice of law.
If you are a corporate litigant, you cannot engage in prose
practice.
NON LAWYERS AUTHORIZED TO APPEAR BEFORE THE

COURT
Are there non laywers who can appear before the court?
GR: practice of law is limited to lawyers.
EXEPTIONS:
1. Before the MTC
GR:
a non lawyer can represent a party
EXPT: criminal case
EXPT2: in localities where there are no lawyers, non
lawyer may represent a party in a criminal case
2. Senior laws student
-if you are enrolled in a recognized law schools clinical
education program approved by SC.
-before what court may you appear?
-any court, any tribunal or agency, even before SC
-PVDD: If you appear before RTC, you must always be
accompanied by supervising lawyers in all appearances
3. Labor code
4. Cadastral court
-Under the Cadastral Act, an on non lawyer may
represent a claimant before a Cadastral court
5. DARAB
PUBLIC OFFICIAL WHO CANNOT PRACTICE LAW

A. ABSOLUTE PROHIBITION
Who are the public officials who cannot practice law? When
we say practice law, it means the prohibition is absolute.
1. judges and justices
2. other official employees of the superior courts
3. OSG official and employees
4. government prosecutors
5. president
6. vice president
7. members of the cabinet, their deputies and assistants
8. commissioners of the constitutional commissions
9. ombudsman and their deputies
10. governors, city and municipal mayors
11. those prohibited under special laws
-RA 6713 sec 7 par 2
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B. RELATIVE PROHIBITION
Who are the public official who have restrictions? They can
practice law but with restrictions?
1. senators and congressmen
-they can practice law, but they cannot personally appear
DEFINITION OF TERMS
PRACTICE OF LAW
BOCEROS
-another word for counsel, attorney or abogado
2. sangunian members and councilors

-under LGC
-restrictions:
a. civil case cannot appear as counsel before any
court case wherein LGU or any office, agency or
instrumentality of the government is the adverse party
b. criminal case cannot appear as counsel wherein an
officer or employee of national or local government is
accused of an offense committed in relation of his
office
c. administrative case cannot collect any fee for the
appearance in the administrative proceedings involving
the LGU of which he is an official.
d. administrative case cannot use property and
personnel of the government
-EXPT when the sangunian member concerned is
defending the interest of the government
BAR
-whole body of lawyers
3. retired judges and justices

-receiving pension from the government
-restrictions:
a. civil case cannot act as counsel in which the
government or any of his subdivisions or agency is the
adverse party
b. criminal case cannot act as counsel wherein an
officer or employee of the government is accused of an
offense in relation to his office
COUNSEL DE OFICIO
-a counsel appointed or assigned by the court from among
the members of the bar in good standing, who by reason of
their experience and ability may adequately defend the
accused.
-note, under the rules of court, in localities where members
of the bar are not available, the court may appoint any
person, resident of the province and of good repute,
propriety and ability to defend the accused. So he can be a
non lawyer.
LAWYERS NOT ALLOWED TO APPEAR BEFORE THE COURT

(!!!)
1. public officials who are absolutely prohibited from the
private practice of law
2. public officials who can practice law but with restrictions
3. before the small claims court case
4. before an agency where lawyers are not allowed to take
part of the proceedings
a. Lupon Tagapamayapa during barangay proceedings
ATTORNEY AD HOC
-a person named or appointed by the court to defend an
absentee defendant in a suit in which the appointment is
straight
BENCH
-whole body of judges and justices
BAR ADMISSION
-the process or act by which one is licensed to practice in
courts of particular jurisdictions after requiring certain
requirements such as:
a. bar examination
b. period of residency
c. admission on grounds of reciprocity
-here in the Philippines, the requirement is bar examination
ATTORNEY IN FACT
-not all attorneys in fact are lawyers
ATTORNEY OF RECORD
-one who has filed a notice of appearance and hence is
formally mentioned in the records as the official lawyer of
the party.
COUNSEL OF RECORD
-procedurally, there is the entry of appearance as counsel
OF COUNSEL
-to distinguish them from attorneys of record, associate
attorney are referred to as of counsel
-that definition is the same as collaborating counsel
-another definition is that he is of venerable member of the
firm
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LEAD COUNSEL
-the one who is primarily charged with the direction and
management of the case; because the litigant could hire a
battery of lawyers, but there could only be one lead counsel
TITULO DE ABOGADO
-Case: Cui vs Cui
-it means not the mere possession of the academic degree
of bachelor of laws but membership in the bar after due
admission thereto qualifying one for the practice of law.
HOUSE
COUNSEL/CORPORATE
LAWYERS/IN
HOUSE
LAWYERS
-lawyer who acts as attorney for business, though carried as
an employee of the business and not as an independent
lawyer
BAR ASSOCIATION
-association of members of the legal profession, like IBP,
Young Lawyers Association of Cebu, YLAC, SELYA, FIDA
AMICUS CURIAE
-friend of the court
-with strong interest in or views with the subject matter of
an action, but not party to the action
-how does one become an amicus curiae?
-the usual practice is by invitation of the court, because if
you are well known of your expertise of a particular subject
matter where the court requires your assistance or opinion,
the court will invite you to be an amicus curiae.
-you can also petition the court to be an amicus curiae.
AMICUS CURIAE PAR EXCELLENCE
-it is a bar association that appears in a the court as amicus
curiae
ADVOCATE
-the general and popular name for a lawyer who pleads in
behalf of someone else
BARRISTER (ENGLAND)
-somebody entitled to practice law as an advocate or
counsel before the superior court
SOLICITOR (ENGLAND)
-person prosecuting or defending suits in the course of
chancery
-one who practices in equity courts
SOLICITOR (PHILIPPINES)
-one who practices both in courts of law and equity
-lawyers who are connected with the OSG
-what does the OSG do?
-represent the republic of the Philippines in cases
PROCTOR (ENGLAND)
-formerly in ecclesiastical courts whose duties and business
corresponds to those of an attorney or solicitor
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June 23, 2011
Four fold duty of the lawyer to the
1. Society
2. Bar
3. Client
4. Court
DUTY OF THE LAWYER TO THE SOCIETY
DUTY TO DISCOURAGE LAW SUITS

The lawyer has the duty to society to discourage law suits.
Corollary to this, the lawyer is encouraged to utilize
alternative dispute resolution modes to abbreviate and
expedite proceedings.
A lawyer shall not for any corrupt motive or interest
encourage any suit or proceedings, or delay any mans
cause.
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF
AND LEGAL PROCESSES.
If there is somebody who must obey the law first, it should be

the lawyers.
LAWYERS OATH
Lawyers oath is like a capsule form of the entire CPR.
-NOT TO UNDULY DELAY A CASE
Case: Del Mundo vs Lim
The lawyer was reprimanded when he used his expertise to
unjustly and unnecessarily delay a case.
-NOT TO DELAY ANY MAN FOR MONEY OR MALICE
Because again, the legal profession is not a money making
trade.
A lawyer may not delay a case just because is not paid well.
It is expected by him.
CRIME OR TORT OF MAINTENANCE

It is the intermeddling of uninterested party to encourage a
lawsuit.
Examples:
a. volunteering advise to bring lawsuit
-except when ties or relationship of trust make it your duty
to do so
b. hunting up defects in titles
c. employing agents and runners
-paying direct or indirect rewards to those who bring or
influence in bringing the case to the office
d. searching for unknown heirs and soliciting their
employment
JUSTIFIABLE LITIGATION VS UNJUSTIFIABLE LITIGATION
What the rules prohibit is the lawyer encouraging
unjustifiable litigation.
The lawyer must decline a case when he is convinced that it is
intended merely to harass or to injure the opposite party or
to work oppression.
But if a lawyer is deliberately not paid, what should the

lawyer do?
It is a ground for withdrawal for counsel. And of course,
you can collect attorneys fees.
Example. You are just filing a countersuit just for gaining a

leverage against other party, even if that countersuit has o
merit. That is unjustified.
What do you call a suit filed by a lawyer for the collection

of attorneys fees?
SUIT SIT.
SUMMARY OF LAWYERS DUTY TO SOCIETY

Duties of a lawyer to society:
1. Duty to uphold the constitution and obey law
2. Duty not to engage in unlawful conduct
3. Duty not to counsel illegal activities
4. Duty not to encourage lawsuits
5. Duty to encourage amicable settlement
-DO NO FALSEHOOD
Thats elf explanatory.
CANONS OF PROFESSIONAL ETHICS
Canons of professional ethics provides that lawyers highest
honor is found in a deserved reputation for fidelity to
private trust and public duty as an honest man and as
patriotic and loyal citizen.
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BARRATRY
Barratry the offense of frequently inciting and commenting
quarrels and suits and then offering the services to one of
the parties.
CANON 2
AMBULANCE CHASING
Ambulance chasing figuratively speaking, this is an act of
the lawyer chasing the victims of an accident, then
convincing them to file a case and offering the services to
the victim.
Canon 2 is making available efficient legal service.
Are they ethical?

No. Because they breed litigation.
BARRATRY VS AMBULANCE CHASING

But you must distinguish between the two. They are not
technically the same.
B: refers to any actions
AC: refers only to personal injury actions
B: refers to suits before any forum
AC: refers to cases brought before the courts
RECOGNIZED EVILS IN BARRATRY AND AMBULANCE

CHASING
What are the recognized evils of ambulance chasing? And
these evils are also recognized in barratry
1. fomenting of litigation
Thus resulting to the burden upon the courts; it will clog
all the more the already clogged court dockings.
2. subornation of perjury
3. mulcting of innocent persons by judgments upon
manufactured causes of action
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.
CANON 2.01
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
DEFENSELESS AND OPPRESSED

Who are the defenseless or the oppressed?
He is a person who is defenseless or oppressed due to:
1. poverty
2. disability
3. ignorance
4. etc.
Lawyers must not reject the causes of these persons without
valid cause.
ACCEPTABLE JUSTIFIABLE CAUSES TO REFUSE SERVICES
What are the acceptable justifiable causes to refuse services
to the needy?
Rule 14.03
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.
SAME DEGREE OF DILIGENCE FOR PAYING AND NON PAYING

CLIENTS
At all times lawyers must exercise the same degree and
standard of diligence accorded to paying clients.
Because legal aid is not a matter of charity, but a public
responsibility.
4. defrauding of injured persons having proper cause of

action but ignorant of their legal right or court procedures
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BAR MATTER 2012 PROPOSED RULE OF MANDATORY LEGAL
AID SERVICE FOR PRACTICING LAWYERS
REQUIREMENT
What does it require practicing lawyers to do?
All practicing lawyers are required to render a minimum of
60 hours of free legal aid services to indigent litigants in a
year.
ACCOUNTING THE 60 HOURS
How do you account for the 60 hours?
Clerks of court and the IBP legal aid chair person of the IBP
Legal Aid chairperson of the IBP chapter are designated to
coordinate with a lawyer for cases where he will render free
legal aid service.
And they will be the one who will give certification that you
have render the number of hours.
PENALTIES FOR NON COMPLIANCE OF MANDATORY LEGAL

AID SERVICE
Penalty of 4k, plus the lawyer shall have a not in good
standing status and not allowed to appear in court or any
quasi judicial body as counsel for a period of 3 months.
A lawyer who fails to comply with the rules for at least 3
consecutive years is subject to disciplinary proceedings and
be suspended from the practice of law for 1 year.
STATUS OF THE RULE
But what id the status of this rule?
This is the proposed rule and it has already been approved
by the SC, but there are no implementing rules and
regulations yet.
So until the passage of the IRRs, it is still not being
implemented.
LAWYERS DEEMED EXCLUDED FROM TERM PRACTICING

LAWYERS
But there are lawyers who are deemed excluded from the
term practicing lawyer under this bar matter.
1. Government employees and incumbent elective officials
not allowed by law to practice
2. Lawyers who by law are not allowed to appear in court
3. Supervising lawyers of students enrolled in law student
practice in duly accredited legal __ of law schools
4. Lawyers of NGOS and POs organization who by nature of
their work already render free legal work for indigent and
pauper litigants
5. Lawyers not covered under the first 3 paragraphs including
those who are involved in the private centers but do not
appear for and in behalf of parties in courts of law and quasi
judicial agencies
INDIGENT AND PAUPER LITIGANTS
-WHO ARE PAUPER LITIGANTS
Who are indigent and pauper litigants? Does it have to be
your client in order for you to be able to able to comply with
the mandatory legal aid service?
Indigent and pauper litigants are those:
1. whose gross income and that of his immediate family will
not exceed an amount double the monthly minimum wage
of an employee AND
2. those who do not own any real property.
So if your gross income is very little but they have property,
you are not a pauper litigant.
-WHAT ARE THE EXEMTIONS
They are exempt from payment of:
1. docket fees
2. lawful fees
3. transcripts of stenographic notes
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CANON 2.02
CANON 3
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 concerned if only to the extent
necessary to safeguard the latter's rights.
IN SUCH CASES
It refers to cases, where a lawyer has just grounds to decline
a case.
DUTY IF DECLINE ENGAGEMENT
So even If the lawyer declines engagement as lawyer for a
valid reason, he still must give immediate legal assistance.
You might advice him to post bail, if the crime is bailable or
you may refer him to somebody who can help.
Do not leave the client out in the cold unprotected.
CANON 2.03
Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
SOLICITATION will be discussed later on.
CANON 2.04
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.
MINIMUM RATE ONLY

IOW theres floor rate or a minimum rate, but there is no
maximum rate.
CUSTOMARILY PRESCRIBED RATE
How do you know what is the customarily prescribed rate?
Every IBP chapter has its schedule of fees. And there in the
schedule of rates you will find the minimum rates for
services of lawyers.
PURPOSE
Why?
To avoid degrading competition among lawyers.
IMPROPER SOLICITATION
Case: Ulep vs Legal Clinic
Was there improper solicitation here?
Yes. There were newspaper articles on divorce,
annulment
There was also a corporation practicing law, the Legal Clinic
Inc. this is also a circumvention on the prohibition of
corporate practice of law.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES

SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
LAYERS GENERALLY CANNOT ADVERTISE

Can lawyers advertise themselves?
GR: NO.
But there are exceptions.
FORMS OF PERMISSIBLE ADVERTISEMENTS
Case: Ulep vs Legal clinic
1. writing legal articles
-for legal publications in which he gives information upon
the law
-but he cannot accept employment from such publication
to advice inquiries in respect to individual rights of
persons
2. law lists
-but only brief, biographical and informative data
-no list of number of cases won or lost
3. professional cards
4. notice to other local lawyers and publishing in a legal
journal of ones availability
5. free legal services to indigent even when broadcasted over
the radio, or through circulation of printed matter to the
general public
6. simple announcement of the opening of a law firm or of
changes in partnership, firming or office address for the
convenience of the profession
7. phone directory
SOLICITATION
Advertisement is different from solicitation. There are
permissible forms of advertisement, but solicitation is
malpractice, as provided under rule 138 sec 37 of the Rules
of Court.
-The law prohibits lawyers from soliciting cases for the
purpose of gain, either personally or through paid agents or
brokers.
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CANON 3.01
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
NO FALSE, MISLEADING OR ASSUMED NAME

If your surname is Best, can you call your law office BEST
LAW OFFICE?
YES. That is your surname.
CANON 3.02
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.
CONTINUED USE OF NAME OF DECEASED PARTNER

Name of a deceased partner; can you still continue using it?
It is permissible provided that the firm indicates in all his
communications that the said partner is deceased.
This rule abandoned the doctrine of the case of In re Sycip.
Later on in the rules of CPR, it says that you can continue.
If the partner is elected a senator, should you drop him from

the law firm name?
NO. Because the constitution allows them to practice law.
The only prohibition is personal appearance.
USE OF FOREIGN LAW FIRM NAME
Filipino lawyers cannot practice law under the name of a
foreign law firm, as the latter cannot practice law in the
Philippines and the use of a foreign law firm name in the
country is unethical.
In practice of law, remember that one of the requirements in
the practice of the bar is Filipino citizenship.
So much more that there can be no foreign law firms.
RULE 3.04
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.
How?
Like in your letterhead, you can put there deceased or a
cross beside the name of the deceased partner.
REASON
Why is it allowed?
The SC recognizes the fact that many law firms have gained
good will and good reputation over a long period of time
because of the joint effort of all the partners.
And for the law firm to lose some of its good will just
because of the accident of death of one of the law partners
could be inequitable. So they are allowed to carry the name
of the ceased partner.
CANON 3.03
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.
DROP NAME ONLY IF NOT ALLOWED BY LAW TO PRACTICE

CONCURRENTLY
So this is not a GR. Just because a partner has become a
public official does not mean that his name will have to be
dropped. You have to determine further if the law or
constitution allows the public official to practice law
concurrently.
If the law allows it, then no need to drop his name.
If one of the partners becomes a judge, will his name be
dropped from the law firm name?
Yes. Because the law absolutely prohibits private practice
of law by judges.
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CANON 4
CANON 5
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.
LAWYERS SHOULD PARTICIPATE IN THE IMPROVEMENT OF

THE LEGAL SYSTEM
Lawyers should participate in the improvement of the legal
system. How? Who are in the position to first discover
loopholes or imperfections in the law?
Logically the lawyers because they deal with the law
everyday. So they are the first ones to notice the flaws in the
law. and they are in the best position to contribute to the
improvement of the legal system. So lawyers could lobby for
congress for the improvement of laws.
They present position papers or resolution for the
introduction of bills in congress.
Or, if there are rules of court that needs to be improved,
petition to SC 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 LAW STUDENTS AND ASSIST IN DISSEMINATING THE
LAW AND JURISPRUDENCE.
Keep abreast of legal developments and participate in

continuing legal education.
BAR MATTER 850 MANDATORY CONTINUING LEGAL
EDUCATION
So we go to MCLE Mandatory Continuing Legal Education.
By the term itself, it is mandatory. So no other choice but to
attend MCLE.
This is in line with the duty to be updated. Because the law is
never static. The law changes. Jurisprudence also changes
PURPOSE
Purpose of this rule is to ensure that throughout their career,
lawyers keep themselves updated with the law and
jurisprudence, maintain the ethics of the profession and
enhance the practice of law.
36 UNITS FOR EACH COMPLIANCE PERIOD OF 3 YEARS
So there are units to be completed in every compliance
period of three years.
And 36 units must be completed within each compliance
period
And the 36 units are further subdivided into these topics
PERSONS EXEMPTED FROM MCLE
1. President
2. Vice president
3. Members of the cabinet
4. Secretaries of the executive department
5. Senators and house of representative members
6. Chief justice, associate justices of SC
7. Incumbent and retired justices of the judiciary
8. Incumbent court lawyers covered by the Philippine Judicial
Academy Program of Continuing Legal Education
Why are they exempt from MCLE?
Because they also have MCLE under the Philippine
judicial academy. They have their own form of MCLE
9. Solgen and assistant solgen
10. Government Corporate Council
11. Chair and members of constitutional commission
12. Ombudsman, deputy ombudsman and special prosecutor
13. Heads of government agencies exercising quasi judicial
functions
14. Incumbent Deans, bar reviewers and professors of law
having teaching experience of at least 10 years in accredited
law schools
15 Governors and mayors
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TN of the others not included in the enumeration:
1. Those not in law practice either private or public
2. Those who have retired from law practice with the
approval of IBP Board of Governors
Other good causes for exemption or modification for the
requirement:
1. Verified request for exemption on the grounds of:
a. Physical disability
b. Illness
c. Post graduate study abroad
d. Proven expertise in law
CONSEQUENCES FOR NON COMPLIANCE
Listed as a DELINQUENT MEMBER by the IBP board of
governors upon the recommendation of a committee of
MCLE.
EFFECT OF BEING LISTED AS A DELINQUENT MEMBER
What is the effect if you are listed as a delinquent member?
It is administrative in nature.
So there could be penalties in the end.
July 12, 2011

CANON 6
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
APPLICATION OF CPR TO GOVERNMENT LAWYERS

CPR applies to lawyers in the government service. You can
even say that lawyers in the government service are
subjected to more rules and prohibitions.
CPR applies to them as well as other relevant laws like:
1. anti graft and corrupt practices act
2. RA 6713 - code of conduct and ethical standards for public
officials and employees
NOT APPLY TO INCUMBENT JUDGES
How about lawyers who are incumbent judges? Are they
covered by the CRP?
NO. But they are covered by code of judicial conduct, of the
old and the new.
-UNDER THE SUPERVSION OF SC, NOT IBP
Because they are not covered by the CPR, judges cannot be
investigated by the IBP. The IBP has no authority. You must
go directly to SC.
BAR MATTER 1922

INDICATION OF MCLE COMPLIANCE CERTIFICATE NUMBER
IN PLEADINGS
This bar matter requires that all lawyers in all pleadings that
they file indicate their MCLE compliance certificate number.
This is to give more teeth to the rule on MCLE.
CONSEQUENCE FOR NON COMPLIANCE
Failure to disclose the required information would cause the
dismissal of the case and the expunction of the pleading
from the records.
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RA 6713 CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES
PUBLIC OFFICIALS
In, RA 6713 who are the public officials?
(b) "Public Officials" includes 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.
So even if the compensation is very insubstantial still it is

covered by the term Public Official.
If you are a legal consultant to a local government unit. You
do not charge anything, or you charge only for a very small
sum, that still makes you a public official.
NORMS IN DISCHRAGE OF OFFICIAL DUTIES
What are the norms that should be observed in the discharge
and execution of official duties?
-PROHIBITION AGAINST PRIVATE PRACTICE OF LAW
Sec 7 par b2. This is a prohibition.
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions
of public officials and employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited acts and
transactions of any public official and employee and are hereby declared to
be unlawful:
(b) Outside employment and other activities related thereto. - Public
officials and employees during their incumbency shall not:
(2) 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; or
Government lawyers are prohibited to engage in private

practice unless authorized by the constitution or law.
And even if authorized by the constitution or law, the
government lawyer must see to it that such practice will not
conflict or tend to conflict with their official functions.
-PERIOD OF PROHIBITION
This prohibition will continue for one year after their
separation from office.
So even if they resign or retire, that prohibition applies.
CANON 6.01
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.
LAWYERS COVERED; THEIR DUTY

What is the duty of lawyers engaged in public prosecution?
Who are the lawyers that we are referring to here in 6.01?
We are referring to fiscals and public prosecutors.
The primary duty is not to convict, but to see to it that
justice is done.
So if you are a fiscal, you should not be so much concerned
of your statistics. Your wins and loses.
DUTY OF THE PUBLIC PROSECUTOR BEFORE CASE IS FILED IN

COURT SEEK EQUAL AND IMPARTIAL JUSTICE
Even before the case is filed in court, what is the task of the
public prosecutor?
In the rules of court, before the case is filed, there is a
preliminary investigation.
And the as the officer conducting preliminary investigation,
the public prosecutor exercises a quasi judicial position. He
determines WON there is probable cause to warrant
criminal prosecution.
If in the process of preliminary investigation the fiscal sees
that there is no probable cause, the fiscal must resolve that
the complaint be dismissed.
So the prosecutor should seek equal and impartial justice. He
should be as much concern with seeing that no innocent
man shall suffer as with seeing that no guilty man escapes.
IF CASE HAS BEEN FILED AND EVIDENCE SURFACES IN FAVOR

OF THE ACCUSED
What if the case is already filed and later on the fiscal files
evidence that absolves the accused, the fiscal may file a
motion before the court for the dismissal of the action.
If case is on appeal then recommend to the appellate court
the acquittal of the accused.
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CANON 6.02
CANON 6.03
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.
This is self explanatory.
PERPETUAL PROHIBITION
If you read that, its quite limiting. Theres no time limitation.
This is forever.
In RA 6713, there is only a one year prohibition. But in canon
6.03, there perpetual prohibition.
MISCONDUCT BY PUBLIC OFFICIAL WHO IS ALSO A LAWYER

MISCONDUCT OF GOVERNMENTAL DUTY GR NOT
DISCIPLINED AS LAWYER
GR a lawyer who holds a government office may not be
disciplined as member in bar for misconduct in the discharge
of the duty as a government official.
Example. A barangay captain who is a lawyer at the same
time. If he commits misconduct in the exercise of his
function as barangay captain, can he be disciplined as a
member of the bar?
GR, NO. you discipline him as a barangay captain.
Of course, you still have remedies. You can file
administrative case against him; not as a lawyer, but as
barangay captain.
EXCEPTION
But there is an exception. If the misconduct is of such
character as to affect his qualification as a lawyer, or to
show moral delinquency, they he may be disciplines as a
member of the bar.
Example. Lets say that the barangay captain refused to issue
a barangay clearance to a certain person. The allegation is
theres no sufficient justification for the refusal.
That can be misconduct of barangay captain. Generally, you
do not use that as a ground to disbar him. But you can use
that as a ground to discipline him as a barangay captain.
Example. However, if the barangay captain mauled a
constituent until he is black and blue. The injuries
incapacitated the victim for one year.
There could be misconduct that can also go to his character
as a lawyer. It could affect particularly the qualification of
good moral character.
Can by that act also be a ground against him for disbarment
or suspension as a lawyer?
YES. In that case, the exception applies.
Also be a ground against him sfor disbarment or suspension
as a lawyer
Yes.
In that case the exception applies
MATTER AND INTERVENED

Case: PCGG vs SB GR 151805 (2005)
This talks about canon 6.03.
PCGG talks about Atty Estelito Mendoza during the time of
Marcos he was the solicitor general.
There was a bank called the General bank and it became
insolvent so the Central Bank decided to have it liquidated. It
asked for assistance of SolGEn to file for petition for
liquidation before the CFI. Since it was an initiatory pleading,
Mendoza signed it as the sitting SolGen.
After a while, Gen Bank was sold at public bidding and the
winning bid was that of Lucio Tans group. It eventually
became Allied Bank.
Then theres the EDSA revolution and a new president was
in power. One of the first acts of Aquino was to create the
PCGG. PCGG filed a sequestration case against the Lucio Tan
group; the allegation being Lucio Tan and his group were
cronies of Marcos. And among the properties was Allied
Bank.
So Lucio Tan Group hired Mendoza as their lawyer who was
then not the SolGen anymore, and he has returned to
private practice.
PCGG questioned the appearance of Mendoza as counsel of
Lucio Tan because as SolGen he handled the liquidation case
of GenBank, citing 6.03.
SC said we have to define matter and intervened.
What is matter as contemplated in 6.03?
MATTER is any discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and a
specific party, and not merely an act of drafting, enforcing or
interpreting government r agency procedures, regulations or
laws or briefing abstracts principles of law.
So lets go to the matter that Mendoza Handles as SolGen
in the liquidation case. What was the matter that he
handled? Did he really decide on the liquidation of
GenBank?
NO. It was central bank who had decided already to
liquidate the GenBank. Central Bank just asked for the
assistance of the OSG in filing the petition for liquidation.
And under the law, what is the role of the court in
liquidation of insolvent companies? Just to assist the central
bank in determining the legitimacy of claims against the
bank.
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So the court there is not really sitting as an adjudicator of
the litigants, but rather as an assistant of the central bank in
studying the claims of the central bank.
SC said that the petition for liquidation, it being an
initiatory pleading had to be signed by the SolGen himself.
But that is the only participation of Mendoza insofar as the
records are concerned. After that, he did not handle the
case.
And this is the most heavy reason, in liquidation, the
process or the procedure is detailed already in the law. And
what Medoza did was to advice the bank as to the
procedure for liquidation under the law.
MATTER must not merely be an act of drafting enforcing
government or agency procedures, regulations or laws.
SC said if ever Mendoza had any participation, it was just to
interpret government regulations or laws. And that is not
the matter contemplated in 6.03.
INTERVENTION as contemplated under 6.03 is an act of
the person who has the power to influence the subject
proceedings.
Did Mendoza have an influence over the proceedings?
No. He merely asked the court for assistance in the
litigation. But as to whether the bank should be liquidated
or not, that is already decided by the central bank.
Second, such intervention cannot be insubstantial,
insignificant or innocuous.
As already discussed by SC, it was quite insubstantial; just
the signing of the initiatory pleading. There being no other
indicator in the records that he had direct participation on
the case.
PHENOMENON OF THE REVOLVING DOOR

How is it oppressive?
SC said, it is an accepted fact that the salary of government
lawyers is not as high as that of the private practitioners.
So the only card that the government has to attract
talented lawyers is to invite them to government service,
defer big income for the mean time; let them acquire
contact, information and influence, and when they leave
government service, they will have a profitable private
practice.
This is what they call the phenomenon of the revolving
door.
It has its disadvantages; which is why we have 6.03. But at
the same time SC said that we have to balance.
Because if you apply this generally without any definition of
matter and intervention, it can be quite hard for the lawyer
to find employment elsewhere.
RA 3019 SEC 3D
Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him, during pendency thereof and
within 1 year after its termination.
So this is a corollary provision.
RA 6713 SEC7B
Cannot own, control, manage, or accept employment as
officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated or
supervised or licensed by their office. Unless expressly
allowed by law.
So did SC disqualify him as counsel of Lucio Tan?

No. Because you have to consider 6.03 in the light of
definition of matter and intervention.
SC was able to explain very well in the case on the definition
of matter and intervention. Because just looking at 6.03, it
can be very oppressive to government lawyers.
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CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
In a nutshell, these are the lawyers duties to the legal

profession:
1. uphold the integrity and dignity of the legal profession and
support the IBP
2. be courteous fair and frank to fellow lawyers
3. not to assist in the unauthorized practice of law
4. not to encroach upon the employment of another lawyer
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.
CANON 7.02
Rule 7.02 - A lawyer shall not support the application for admission to the bar
of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.
In the same way that a lawyer, cannot in his own application

make concealments and misrepresentation, the lawyer must
not also support his application to the membership of the
bar anyone who the lawyer knows is unqualified.
If there is a violation, it is GROSS MISCONDUCT IN OFFICE
under rule 138, sec 27 of the Rules of Court.
CANON 7.01
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.
CONCEALMENT OR MISREPRESENTATION
This talks about concealment and misrepresentation.
You conceal if suppress a material fact.
You misrepresent if you knowingly make a false statement.
-EFFECT
If you have not taken the bar, the person is denied taking
the bar.
If he has passed the bar but not taken the oath, he will not
be allowed to take the oath.
If he has already taken the oath, he will be striken from the
law of attorneys.
-CONCEALMENT
-Case: In re Ramon Galang
He said under oath that he has not been charged of offense
before a fiscal, judge or other officers, or accused of,
indicted for or convicted before any court or tribunal of any
crime involving moral turpitude, nor is there a pending case
against him.
But in reality, there is a criminal case of slight physical case
against him still pending. Because of that concealment, he
was allowed to take the bar 7 times. After the 7th attempt,
he passed and took the oath. But upon the discovery of the
concealment, his licensed was revoked.
His defense was that it was slight physical injury, so it does
not involve moral turpitude.
SC says that an act involves moral turpitude not because it
is punished by law but because of its inherent nature.
Jurisprudence has identified some crimes involving moral
turpitude. As for the other crimes, SC said to just disclose
everything and it is up to them to determine whether it
involves moral turpitude or not.
SC also said that the mere act of concealment is already an
indication of lack of good moral character.
CANON 7.03
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.
PUBLIC OR PRIVATE LIFE

The lawyers pubic or private life is open to the scrutiny of the
courts.
An administrative case is filed against the lawyer charging the
lawyer for gross immorality. Because according to the
complaint, the lawyer is maintaining a kirida.
His defense is that it does not affect his personal skills.
This is not a proper defense. Because the lawyers conduct
goes to his private and public life.
TN that you cannot just put good moral character in the
public life of a lawyer. Good moral character is all
embracing.
DUTY TO UPHOLD THE HONOR OF PROFESSION
How?
1. Lawyers must expose without fear and favor before the
proper tribunal, corrupt and dishonest conduct in the
profession.
-PROPER TRIBUNAL
There can still be malice if instead of going to the proper
tribunal, the lawyer goes to the media to report a fellow
lawyer.
2. Accept without hesitation employment against a member
of the bar who has wronged his client.
3. Guard the bar against admission to profession of persons
with deficient moral characters.
-MISREPRESENTATION
-Case: Dioa vs Martinez
He said that he finished associate in arts degree when he
had not. He was striken from the roll.
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INTEGRATED BAR OF THE PHILIPPINES
-OFFICIAL STATE ORGANIZATION
It is an official state organization. It is mandated by the
rules of court and even the constitution.
-SC AUTHORIZED BY THE CONSTITUTION
The constitution authorizes the SC to issue rules and
regulation involving integration of the bar. And in response
to that mandate, the SC through the rules of court formed
the IBP.
-CONDITION PRECEDENT TO THE PRACTICE OF LAW
The IBP requires membership and financial support from all
attorneys as a condition precedent to the practice of law. So
without this you cannot practice law.
Rule 139-a of the rules of court created the IBP.
-PAYMENT OF MEMBERSHIP FEES
Case: In re Edillon
The lawyer refused to pay the annual dues and has been
delinquent for a long time.
He said bar institution is unconstitutional because it
violates his freedom of association, he is compelled to join
and association which he does not want to be a member of.
Second, he says it violates his right to property because he
is compelled to pay annual dues in exchange for his practice
of law.
SC said that bar integration is a valid exercise of police
power over an important profession.
Again the right to practice is a privilege and can always be
subjected to regulations and restriction. And bar integration
is a form of restriction so it is permissible.
SC has plenary power regarding the supervision to and
supervision of the practice of law.
Is it violative of the freedom of association? NO. SC says
integration does not make a lawyer a member of any group
of which he not already a member.
So it was not really the integration that made him a
member of the IBP. He became a member of IBP because he
passed the bar and took his oath as a lawyer. He is free not
to attend the meetings and activities of the IBP. So theres
really no violation of the freedom of association.
The only compulsion is the payment of annual dues. The
costs of improving the profession should be shared by the
subjects and beneficiaries of the regulatory program of the
lawyers.
-Case: Santos vs Llamas

The lawyer has not been paying annual dues for the reason
that:
a. he is semi retired
b. his main business is farming
c. he is a senior citizen
SC said that the exemption granted by RA 7432 to senior
citizens from paying individual income tax does not exempt
lawyers from paying IBP dues.
-IBP DISTINGUISHED FROM OTHER BAR ASSOCIATIONS:
IPB: compulsory membership; condition precedent to the
practice of law
BA: not compulsory
IBP: violation of rules is sufficient cause ofr disbarment or
suspension
BA: not applicable
-WHAT DOES IBP DO?

What does the IBP do?
Give aid to indigents
Gives MCLE
Handles investigation of administrative cases against lawyers
To be able to do this, you need to give funds. So the IBP
needs money to make it operational.
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CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL
COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
This is the duty to be fair to his co lawyers.

CANON 8.01
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which
is abusive, offensive or otherwise improper.
ALSO APPLICABLE TO PLEADINGS

This should also be applied to the pleadings filed.
Offensive pleadings are not allowed.
LANGUAGE APPLIED
So what should be the language applied?
Forceful but dignified.
Empathic but respectful.
CONSEQUENCES FOR VIOLATION
1. administrative liabilities
2. pleading may be expunged from the records
WANT OF INTENTION NOT AN EXCUSE
The litigants are the clients should not be carried away.
Want of intention is not an excuse for the disrespectful
language use.
July 14, 2011

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
This canon has something to do with preserving the integrity

and dignity of the legal profession.
How can this be done?
A lawyer should not assist in the unauthorized practice of
law, whether directly or indirectly.
OW stated: Only those authorized to practice law should
practice law in this jurisdiction.
CANON 9.01
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member
of the bar in good standing.
So delegation to a:
1. non lawyer
2. suspended lawyer
3. disbarred lawyer
4. foreign lawyer
-is unethical
CANNOT DELEGATE TO ANOTHER LAWYER W/O CONSENT
This prohibits the delegation of legal work even with fellow
lawyers without the clients consent.
REASON
This is because attorney-client relationship is based on trust
and confidence.
CANON 9.02
CANON 8.02
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.
GENERAL RULE
Lawyers should not steal clients from other clients.
EXCEPTION
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
But if it is clear that the client is being abused by his counsel,

then the lawyer may take the cause of the hapless client.
CANNOT NEGOTIATE WITH OPPOSITE PARTY WITHOUT
COUNSEL
A lawyer should not negotiate with the opposite party
represented by a counsel without the latters knowledge or
presence.
CAN INTERVIEW WITNESS WITHOUT COUNSEL
But can a lawyer interview a witness without the other
lawyer? YES. Because it is a witness, not a party.
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.
GR: NOT SHARE LEGAL FEES

A lawyer must not share legal fees with non lawyers.
PURPOSE
This is to see to it that legal work is to be performed only by
lawyers.
Also, non lawyers are not under the administrative control
and supervision of the SC. How can we protect clients from
people who can take a bulk of legal fees but not subject to
regulation?
EXCEPTIONS
a. there is a pre-existing agreement that upon the lawyers
death, money shall be paid over a reasonable period of time
to his estate or to persons
b. completion unfinished legal business of a deceased lawyer
-sharing with the heirs of deceased lawyer
c. lawyer includes non-lawyer employees in a retirement plan
even if the plan is based in whole or in part, on a profit
sharing agreement
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CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH
TO THE COURT.
DUTY TO COURT PREVAILS OVER OTHER DUTIES

Foremost, a lawyer is an officer of the court. The lawyers
duty to the court must prevail over his other duties. It even
prevails over the duty to his client.
REASON
Because the lawyer assists in the administration of justice,
being an officer of the court.
CANDOR
Being truthful and transparent.
Because the burden of the judiciary will be intolerable if we
cannot take by face value what is asserted by lawyers.
CANON 10.01
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.
CONCRETE CASES OF FALSEHOOD AS HELD BY SC

1. raising issues long laid to rest by final and executory
judgment, making it appear that it has not been ruled upon.
2. making it appear that a person long dead executed a deed
of sale
3. denying having received a notice to file brief, which denial
has been belied by the return card
CANON 10.02
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.
CANDID TO COURT
This is the duty of being candid to the court not to
misquote provisions.
HOW TO QUOTE PROVISIONS
How do you quote provisions?
Must be VERBATIM.
If you paraphrase it, then indicate accordingly.
Provide the proper citation, which ideally should be from
the primary source.
CASES WHERE SC HELD AS UNETHICAL
1. citing as law an inoperative, repealed, amended provision
of law or overruled jurisprudence
2. asserting as facts something which has not been proven
-ex. still an issue
3. foisting a non existent rule
-inventing of own rule
4. attributing to the court a finding of fact which the latter did
not make and which is actually the version of supposed facts
of the lawyer
4. presenting falsified documents before the courts

5. other analogous cases where lawyer makes untruthful
statements or actions before the court.
LIABILITIESON FALSE TESTIMONY
1. administrative liability
2. criminal liability art 184 of RPC; knowingly offering in
evidence a false witness or testimony in any judicial or
official proceeding
Case: Yusuan vs Florido
The lawyer manufactured a CA resolution because the lawyer
was estranged from his wife and wanted to get the custody
of his children.
His defense was that he did not know that the resolution was
falsified.
SC says that there is a presumption that there being no
evidence on who authored the falsification then whoever
used, or possessed or utilized the false document is also
presumed to be the falsifier.
He used the CA resolution to force his wife and get the
assistance of NBI and police authorities.
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CANON 10.03
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
DUTY TO HAVE A SPEEDY, FAIR AND EXPEDITIOUS

DETERMINATION OF CASES
Rules of court.
Instead of making the proceedings speedy and facts, some
lawyers use tools to delay the proceedings.
Case: Eternal Gardens Memorial Park vs CA
Agricultural land.
The case was Spouses Selin vs Central Dying Corporation. the
RTC decision was to the effect that the souses are the
rightful owners of the land so Central should deliver
possession and ownership. It went up to SC until it became
final and executory.
Eternal Gardens was the purchaser of the land from Central
while the case is pending. So Eternal Gardens contested over
the execution of the judgment by SC. So it went back to RTC
Eternal Opposed the writ of possession of the RTC. The
opposition was denied. They filed a MR, denied. They filed
petition for certiorari before CA, denied. They filed MR,
denied. They filed Petition for review in SC, denied. They
filed MR, denied. And all throughout the proceedings they
kept on litigating issues long laid to rest in the main case.
Not stopping there, they again went to CA and SC and had
had MRs. All were denied. They had another third cycle, all
denied.
SC said it has to stop. In the meanwhile the case was
protracted and the case was delayed due to the
unmeritorious petitions of petitioner. The case was dragged
on for 17 years. And the agricultural land became a
cemetery.
So here, technicalities were abused to the detriment of
prevailing parties.
As officers of the court, lawyers have a responsibility to
assist in the proper administration of justice. They do not
discharge duties by filing pointless petitions which only add
to the workload of the judiciary, specially this court which is
burdened enough as it is.
A judicious body of the facts and the law should advice
them when a case such as this should not be permitted to be
filed to merely clutter the already congested judicial
dockets. They do not advance the cause of law or their
clients by commencing litigation that for sheer lack of merits
do not deserve the attention of the courts.
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.
Lawyers cannot expect their clients to respect the courts if

the lawyers themselves seems to be disrespectful of the
courts.
RESPECT TOWARDS JUDGES AND OTHER JUDICIAL OFFICERS
TN the respect must not be directed only to judges but also to
judicial officers who take part in the judicial work like the
sheriff and clerk of court.
OBEDIENCE TO COURT ORDERS AND PROCESSES
CRITICIZING THE COURTS
Can lawyers criticize the courts?
Yes. That is what the appeal, MRs and rules of review are
for.
Case: In re Almacen
SC said judges are not sacrosanct and lawyers must be brave
enough to expose the unethical practices of judges.
VALID CRITICISM
But criticism to be bonafide must not spill over the walls of
decency.
And criticism must be coursed through proper channels.
CANON 11.01
Rule 11.01 - A lawyer shall appear in court properly attired.
CANON 11.02
Rule 11.02 - A lawyer shall punctually appear at court hearings.
CANON 11.03
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the Courts.
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CANON 11.04
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by
the record or have no materiality to the case.
ALLEGATION OF CORRUPTION AND INCOMPETENCE OF A

JUDGE
It can be a really good escape goat for lawyers when they lose
a case to say that it was the judges fault.
So if you ever have to allege bribery, corruption or
incompetence on judges, be sure that you have direct
evidence to back you up.
Because this may be very harmful to the judiciary as an
institution. The client will have a perception of the court as
being corrupt.
Case: In re Aguas
SC said that lawyers must be brave in exposing arbitrariness
and injustices of judges.
Therefore, if you notice anything undesirable done by the
judge, it is best to have in placed on records so that if you
have to file an administrative case later on, you have the
records of the case to back you up, not just mere
statements.
Case: Micor vs Archangel
The lawyer sought the judges inhibition. Because in his
motion for inhibition, he said that the judge was personally
recruited from the south by the opposing counsel and
therefore cannot be expected to be impartial to hear the
case. They also said in the motion that the presiding judge
should go back to Davao where the courts are less
complicated than in Makati City.
This is contemptuous. The lawyer and the client were held in
contempt of court.
Why? There was no basis for their allegations.
The lawyer said that the information was only from the client.
But Sc said that it is not a valid defense. As a lawyer, you
should know if an allegation is supported by evidence or not.
If not supported, you should know when it should be alleged
according to the rules of ethics. And in matters of
procedure, the lawyer should always control the case and
not the client.
CANON 11.05
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper
authorities only.
Who are the proper authorities?

1. SC
2. Office of the ombudsman
Can the ombudsman investigate judges?
Case: Maceda vs Ombudsman
YES. But there must be a go signal first from the SC; upon
proper referral by SC to Ombudsman. OW, the ombudsman
cannot investigate.
3. House of Representatives and Senate
For SC justices who are impeachable officers.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND

CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
CANON 12.01
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 proferrence. He should also be ready with the
original documents for comparison with the copies.
PREPARED FOR TRIAL

A lawyer must be prepared for trial. He must know the facts,
laws and evidences.
PRESUMED TO KNOW ANTECEDENTS
If you are a newly hired counsel who appears in the case in
midstream, you are still expected to know everything that
has transpired from the beginning until you took over the
case.
CANON 12.02
Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause.
NON FORUM SHOPPING

EVILS OF FORUM SHOPPING
1. duplication or multiplication of suits, clogging the dockets
of courts
2. on the part of the defendant, there are double or multiple
mixation of law suits arising from only one cause
3. waste of time, energy and resources of the courts
4. (!!!) probability that tribunals might render conflicting
rulings
REQUIREMENT IN RULES OF COURT
For initiatory pleadings, a CERTIFICATION OF NON FORUM
SHOPPING.
SANCTIONS FOR NON COMPLIANCE OF CERTIFICATION
1. failure to comply is not curable by amendment
2. case will be dismissed without prejudice
3. constitute indirect contempt of court
4. administrative sanction
SANCTIONS FOR WILLFULL AND DELIBERATE FORUM
SHOPPING
1. summary dismissal with prejudice
2. direct contempt
3. administrative action
CANON 12.03
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.
EXTENSION OF TIME
If a lawyer obtains extension of time to file pleadings, then
the lawyer should not allow that period to lapse without
submitting or offering an explanation for his failure to do so.
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CANON 12.04
CANON 12.06
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent

himself or to impersonate another.
Do not delay a case.
FALSE TESTIMONY
There could also be criminal liability of false testimony under
art 181, -183 of RPC on the part of the witness.
Case: Nuez vs Recafort

A lawyer who is also a law dean versus a client who is a
septuagenarian (old client). The lawyer took advantage of
the client because the client allowed his to sell two parcels
of land for a commission.
The lawyer sold the land but did not remit the proceeds of
the sale. So he kept everything from the client. Because of
this the client was compelled to file a collection suit against
the lawyer.
Naturally the client won in the RTC. The lawyer appealed to
CA but it was very clear the appeal was dilatory because the
lawyer did not even bother to pay the docket fees. So CA
held the lawyer liable.
Partially the lawyer complied with the decision of CA. He
issued postdated checks for the remainder. The checks
bounced because the accounts were closed.
So the client filed another criminal case of BP22 against the
lawyer. Still the lawyer did not pay, so the client was
constrained to file an administrative case.
In the administrative case, the IBO investigated it. The IBP
commission required the lawyer to file his answer or
comment.
The lawyer filed for extension of time to file comment. It was
granted. The second and third extension of time to file were
also granted.
SC said that it is very apparent that the lawyer is bent on
delaying the payment.
OFFERING FALS TESTIMONY

As for the lawyer, he could be liable for offering of false
testimony under art 184 of RPC.
CANON 12.07
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
RIGHTS OF WITNESS UNDER RULES OF COURT

1. to be protected from irrelevant, improper and insulting
questions and from harsh and insulting demeanor
2. not to be detained longer than the interest of justice
requires
3. not to be examines except only as to matters pertinent to
the issue
WITNESS MAY BE COMPELLED TO REVEAL PREVIOUS FINAL
CONVICTION
Can a witness be compelled to reveal a previous final
conviction?
YES. That is a public record.
CANON 12.05
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.
The reason behind this is for the lawyer to uphold the truth.
Because there is the perception that if you approach the
witness, you might be coaching him.
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CANON 12.08
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.
GENARAL RULE
A lawyer should avoid testifying in behalf of his client
-REASON
Theres an inconsistency between a role of an advocate and
a role of a witness.
The role of the advocate is to be biased. To fight to for the
right or interest of one party and that party only.
The role of the witness is to be objective; to just narrate
objectively of what transpired.
-UNDER RULES OF COURT
Under the rues of court, the testimony of the lawyer in
behalf of his client is still ADMISSIBLE. But the weight and
credibility of the evidence may be questioned.
So it is for the clients interest that the lawyer avoids
testifying for the client.
EXCEPTIONS
a. on formal matters
-such as the mailing, authentication or custody of an
instrument, and the like
-because the lawyer is in the best position to testify o ythe
matters
b. on substantial matters
-testimony is essential to the ends of justice
-must, during his testimony, entrust the trial of the case to
another counsel
-example. Lawyer may testify on the alibi of the client.
Case: Santiago vs Rafanan

The lawyer is a witness to his client on the defense of alibi
because according to the client, he was with his lawyer at
that time and they were very far from the place.
So it is necessary for the lawyer to testify as one of the
witness.
SC said it is allowed.
Moreover, the proceedings is still in the preliminary
investigation stage. And if you read paragraph B, is says,
during the testimony, entrusts the proceedings to another
lawyer; this paragraph presumes that there is already a
court case.
So SC said that 12.08 does not even apply yet. The prohibition
applies only to actual trial before the court.
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.
CANON 13.01
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
to, nor seek opportunity for cultivating familiarity with Judges.
This is really for the protection of both the lawyer and the
judge to avoid misconstructions or motive.
Case: Latoya vs Bunhi
The lawyer was found to have drafted the decision of the
judge.
CANON 13.02
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.
TRIAL BY PUBLICITY
This is what we refer to as TRIAL BY PUBLICITY when the
judge becomes influenced by the overwhelming public
opinion. In effect the judge decides the case not on the facts
of the law but on public opinion.
COMMITTED BY LAWYERS, NOT MEDIA
This is the punishable if the act is committed by lawyers, not
by the media.
Case: Estrada vs SandiganBayan
Magia was Estradas counsel during EDSA Dos. Magia went to
the media and vented her frustrations and said that the SC
were corrupt. And there was serious ignorance of the law.
Magia was indefinitely suspended.
WHEN LAWYER MAY MAKE STATEMENTS
If extreme circumstances of the case justify a statement to
the public, then you may be interviewed.
But when giving a statement to the public, the lawyer must
not go further that the arguments that he has already filed
in the pleadings.
PROOF THAT JUDGE WAS INFLUENCED
When is trial by publicity prejudicial?
There must be allegation and proof that the judges are
unduly influenced.
CANON 13.03
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.
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CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY.
Who are the needy?

A person can be needy because of:
1. Age
2. Disability
3. Status in life
NOT APPLICABLE TO CIVIL CASES

The rule that you cannot decline solely on the ground that
you think that the client is a guilty party? In a civil case, can
you decline because the case is not meritorious?
NO. The rule is not applicable to civil cases. You can decline
the engagement on the ground that it is not meritorious.
Why?
In civil cases, it is the counsels duty to counsel or maintain
such actions or proceedings only as appears for him to be
just, and such defenses that he believes are honestly
debatable in law.
CANON 14.01
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, or because of his own opinion
regarding the guilt of said person.
SOLELY
Key word here is SOLELY. So if that is your only reason for
declining the engagement, then that is unethical.
MAY DECLINE FOR JUSTIFIABLE REASONS
Is a lawyer compelled to accept all cases then?
Of course not. he has the liberty to decline cases as long as
the refusal to take the case is justifiable.
NOT JUSTIFIABLE REASONS
When is it not justifiable?
When it is based solely on:
1. Race
2. Sex
3. Creed
4. Status of life
5. Opinion regarding the guilt of client
BELIEF THAT THE CLIENT IS GUILTY
Can the lawyer refuse to accept a client for the sole reason
that he believes he is guilty?
NO. Innocent persons who are victims only of suspicious
circumstances might be denied proper defense. The lawyer
should defend the accused by all fair and honorable means
that the law permits, regardless of his personal opinion of
the guilt of the accused.
So you utilize all available defenses.
KNOWLEDGE THAT THE CLIENT IS GUILTY
If the lawyer knows that his client is guilty, he must continue
with the defense, and use al fair and reasonable means in
doing so. Like the lawyer should make sure that due process
is observed and the client is accorded the correct penalty.
CANON 14.02
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.
RESPONSIBILITY PUBLIC SERVICE

Again, this is related to the principle that lawyering is not a
money making trade. It is a privilege with responsibilities.
And one of the responsibilities is a public service.
ACCUSED MAY REFUSE COUNSEL DE OFFICO
We know that a lawyer should not refuse from being
appointed as counsel de officio without justifiable reason.
How about the accused, can he refuse the appointment of
counsel de officio?
YES. If the accused has counsel de parte.
COURT WILL GIVE SUFFICIENT TIME TO FIND COUNSEL DE
PARTE
If the accused manifests that he wants to have a counsel de
parte, the court should give him sufficient time to do so.
However, cannot without valid grounds refuse to have a
counsel de officio if he had already been given sufficient
time to get a counsel of his own choice.
IOW the accused cannot use this as a ploy to delay the
proceedings.
APPLICABLE IN CIVIL CASES
Can the judge assign a lawyer free legal aid to destitutes or
indigents in civil cases? So this is like a counterpart to
counsel de officio. But counsel de officio s only in criminal
cases. Can this also be done in a civil case?
YES. Sec 31, Rule 138 of Rules of Court where the services
of counsel are needed to attain the ends of justice.
FAILURE TO PROVE BEYOND REASONBALE DOUBT

If prosecution fails to prove guilt beyond reasonable doubt,
then the lawyer must invoke the acquittal of the client.
Because under such circumstance, the client is legally
entitled to a acquittal.
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CANON 14.03
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.
cannot refuse to accept representation of indigent

client
EXPT: 1. Not in position to carry out work effectively and
competently
2. Conflict of interest
Example.
This is a criminal case and you are the lawyer of A and B.
Later on, B is utilized as state witness against A. can you still
be counsel of both?
NO. Because they have opposing interest now.
GR:
CONFLICTING INTEREST
When the lawyer would argue a claim on one hand and would
argue the defense of such claim on the other hand.
CANON 14.04
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.
In many cases the SC has held to not consider this as charity.

But rather a part of the lawyers obligation to the society.
Case: North Western University vs Arquillo

Sc says there are three separate tests in determining conflict
of interest:
1. when in representation of one client, a lawyer is required
to fight for a claim but is also duty bound to oppose it for
another client
2. when the acceptance of a new retainer will require a
lawyer to perform an act that may injuriously affect the first
client or when called upon in a new relation, to use against
upon the first one any knowledge acquired from their
professional connection
3. when the acceptance of the new relation will prevent the
full discharge of an attorneys duty to give undivided fidelity
and loyalty to the client or would provide suspicion of
unfaithfulness or double dealing in the performance of the
duty
This is a consolidated labor case. So what resolute was there
were many complainants and many respondents. The lawyer
represented 8 of the 18 complainants and 1 of the 10
respondents.
As counsel of that respondent, Jose Castro, the lawyer filed a
motion to dismiss the complaint. Can he legitimately oppose
the motion to dismiss the complaint? NO. because he would
now be negating himself.
The defense of the lawyer here would be that the clients do
not really have opposing claims. In fact, the decision of the
court, the SC held that Jose Castro was not liable to the
complainants. And in reality, the respondent was not an
opposing party to the complainants.
SC said that it does not matter what his opinion is WON there
is little conflict of interest or none at all. SC said that even if
rd
you can pass the first two test, you cannot pass the 3 test.
Here, there is the prevention of full discharge of duties
because he cannot oppose the motion to dismiss.
And it invites suspicion of unfaithfulness or double dealing in
the performance of the duty. SC said that as counsel for
complainants, lawyer had the duty to oppose the motion to
dismiss filed by Jose Castro.
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CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
CANON 15.01
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.
ASCERAIN CONFLICT OF INTEREST AS SOON AS POSSIBLE

Still this is the lawyers duty to be faithful with the clients
cause.
So when consulting with the client, the lawyer must be
attentive so that he will know immediately if there is conflict
of interest. And once he knows, he must stop the client from
revealing any further.
Case: Mejia vs Reyes
Atty. Reyes was the counsel and notary public of PNP. In such
capacity, he handled a litigation between PNP and Mejia.
Mejia lost and wanted to appeal. At Reyes advice, Mejia did
not push through with the appeal. Later on, Mejia learned
that Reyes was the counsel of PNP.
The act constitutes malpractice because he represented
conflicting party of the bank and the opposing party of the
bank.
CLIENTS INTEREST PREVAILS OVER LAWYERS INTEREST
In case of conflicting interest between the lawyer and the
client, the lawyers are urged to favor the clients interest.
CANON 15.03
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.
CANON 15.04
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
EXCEPTION: WRITTEN CONSENT

This is an exception.
GR is that lawyer should not represent conflicting interest.
But there is an exception provided by the rules; if there is a
written consent given after the full disclosure of the facts.
The consent must be informed consent.
APPLIES IN MERE CONSULTANCY

There was a consultation with a prospective client but the
lawyer did not accept the case. And later on, he represented
the adverse party. Can this be done? Can the lawyer say that
there was no lawyer-client relationship between him and
the first one?
NO.
Case: Helado vs David
It is not essential that the client should have employed or
paid the lawyer professionally. Mere consultation suffices to
establish a lawyer-client relationship. And the lawyer should
not represent conflicting interest.
So it is not necessary that the lawyer and the party
eventually pushed through with the engaging the lawyer.
APPLIES AFTER TERMINATION OF RELATIONSHIP
This duty of not representing conflicting interest applies even
after attorney-client relationship has ended.
Case: Arquizuela vs Manerazo
This is a civil case for damages and the lawyer was the lawyer
for the complainant but it was found out that he was the
same lawyer who prepared the answer to the compliant. He
represented conflicting interest.
His defense was that he is not counsel of record of the
defendant.
Is that a proper defense? NO. You need not be the counsel fo
record for both parties before you can be adjudged guilty of
conflicting interest.
OW to require that rule would be to punish only the most
obvious forms of treachery.
SC said that the mere fact that you also prepared the answer,
then that is also conflicting.
Case: Nakpil vs Valdez
Atty Valdez is the managing partner of his own law firm and
one accounting firm.
In a case, he represented the estate of the Late Jose Nakpil.
However, two claimants of the estate are clients of his
accounting firm.
The lawyer was suspended for representing conflicting
interest.
ADMINISTRATIVE AND CRIMINAL LIABILITY

Representing conflicting interest is a criminal offense under
RPC, art 209 betrayal of trust by an attorney.
So aside from possible administrative liability, the lawyer can
also be criminally sued.
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CANON 15.02
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.
ATTORNEY-CLIENT PRIVILEGE
This is like a virtual confessional seal.
FORMS OF COMMUNICATION
What forms of communication are covered by the privilege?
All sorts; oral, written, action, signs, texts, emails.
This is in the rules of court.
NEED CONSENT
A lawyer cannot without the consent of his client be
examined as to any communication made by the client to
him or his advise given to him in the course of or with a view
to (meaning even in consultancy relationship) professional
employment. Nor can a lawyers secretary, stenographer or
clerk be examined without the consent of the client or his
employer concerning any fact, the knowledge of which has
been acquired in such capacity.
PLEADINGS
Are pleadings confidential?
Yes. Before they are files in court.
BASIC LIMITATIONS
Lets go to the basic limitations of privilege communication.
1. the purpose of the communication must be to seek legal
advice
The lawyer and his client were in drinker spree. Because
the client was drunk, the client became a bragger. He says
he brings with him local startlets with him in his out of
town trips, even though he is married. He says he can
afford them because he uses the money from the bank,
being its manager. Can the lawyer be examined be
examined as to the contents of the communication?
YES because the purpose of the communication was not
for legal advice.
LAW STUDENT PRACTICE RULE

The privilege applies to law students under the Law Student
Practice Rule.
TWO FOLD PURPOSE OF THE RULE
1. to encourage the client to make full disclosure without fear
2. to enable counsel to obtain full information so as not to be
misled in the evaluation in the merits or demerits of the
clients case
NAME AND IDENTITY OF THE CLIENT
Case: Regona vs SB (read this case)
The issue is WON the name or the identity of the client is
covered by the privilege?
CANON 15.05
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.
This is an instance of candor; being truthful to the client.

How can a lawyer do this?
By giving the client the strength and weaknesses of his
case; giving a reasonable and realistic appraisal of the
clients case.
When writing legal opinions, you practice 15.05. You do not
overstate or understate. This is what makes it different from
memorandum because in memorandum, you act as an
advocate for your client. But in a legal opinion, you are
expected to be impartial and objective.
CANON 15.06
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any
public official, tribunal or legislative body.
This is hazardous to the public perception to the courts and

other quasi judicial bodies
2. does not extent to communication of commission of future

crimes
A person committing or about to commit a crime cannot
have privileged witness. The communication must be for a
lawful purpose or in furtherance of a lawful end.
OW, if the purpose is criminal, it is not only lawful to
divulge but the lawyer should be bound to disclose at once
in the interest of justice.
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CANON 15.07
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws
and the principles of fairness.
Case:
In a case, the client wanted to picket before CA. The lawyer
says it is part of his freedom of expression.
Sc said it is wrong for the lawyer to advice the client that way.
Picketing before the courts is an act of influencing the court.
There is the danger of trial by publicity.
NOT BEING A MERE MOUTHPIECE
In matters of law, the lawyer should hold the reigns. The
client should deal to the lawyer and not the other way
around.
So lawyering or being a mere mouthpiece of the client are
untenable arguments
Lawyer should advice clients about proper decorum and
proper attitude towards court of justice.
The lawyer should curb the clients desire to publish the
litigation
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.
SC said that fidelity to clients cause is the essence of the

profession. Without this fidelity a lawyer cannot survive
because no client will engage his services anymore.
Word of mouth. It will spread if you are an unfaithful lawyer.
So this canon is self preservation of lawyers carrer and also
ultimately of the legal profession, to see to it that the
confidence on lawyers is preserved.
CANON 15.08
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.
NON LAWYER CAPACITY

Example.
A lawyer is at the same time a real estate agent or insurance
adjustor, the lawyer must be clear to the client what other
capacity he is acting.
Why? Because in other capacities, the legal ethics rules do
not anymore apply.
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CANON 16.01
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND

PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
DUAL ROLES TO CLIENT

A lawyer has dual roles to his client:
1. fiduciary or trustee
The lawyer should afford the client with utmost good
faith and fidelity. IOW strict compliance of CPR.
Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client.
PURPOSE FOR ACCOUNTING

Reason behind this rule is simple. The money is not his. So
when called on to account, he must be ready with
explanations.
CANON 16.02
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.
NO COMINGLING OF FUNDS
2. agent of the client
Can the lawyer bind the client?
Yes. In terms of law and ordinary judicial procedures.
As agent, the lawyer appears in court in behalf of the
client.
-Case: Regala vs SB
SC said that a lawyer is more than an ordinary agent.
Under the laws of agency, an agent must perform his
duties and function to the extent of authority. The agent
must always follow the principal.
This is not always true with the lawyers. We have
discussed that lawyers should not allow clients to dictate
the case. The lawyer must always control the case. If the
client insists on unethical conduct, it is the lawyers duty to
advice the client to desist.
So in this regard, a laywer is more than an ordinary
agent.
-Case: Vicor vs Archangel
The defense of lawyering, that you are merely acting as a
mouthpiece of the client are not tenable defenses.
The lawyer is foremost an officer of the court. The courts
interest should prevail over the clients interest.
CASES WHERE LAWYER WAS FOUND TO HAVE BREACHED
THE CLIENTS TRUST
-Case: Liquana vs Melo
The lawyer misappropriated the rentals which was for the
client. There was breach of the clients trust because we are
talking of the clients property and funds.
-Case: Docena vs Ringon
The lawyer said that they need to post a supersedeas bond,
but the lawyer did not post it. he misappropriated the
money.
-Case: Navarro vs Meneses
The money was for amicable settlement. His client found
out that the case was still on going because the lawyer did
not even attempt to settle it. And when asked where the
money went, the lawyer was not able to explain.
PURPOSE
1. to prevent confusion
2. to prevent appearance of propriety
3. to avoid temptation on the part of the lawyer to convert
funds
LIABILITIES/PENALTIES
Unlawful retention of the clients funs is obviously a violation
of canon 16, and also a contemptuous; one of the grounds
for contempt of court, officer of the court who has
misbehaved in his official transactions. So it is a ground for
indirect contempt.
Of course there is still the possible criminal and
administrative prosecution.
CANON 16.04
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
LAWYER BORROWING MONEY FROM THE CLIENT

Can a lawyer borrow money from his client?
GR: NO.
-because lawyers have moral ascendancy and legal
superiority over their clients
EXPT: the clients interest are fully protected by the nature
of the case or by independent advice
-example. The lawyers client is a lending company.
Because of the peculiar nature of the clients
business, the client cannot be deemed to be
innocent to be innocent on the laws of lending and
loans.
CLIENT BORROWING MONEY FROM LAWYER
Can a client borrow money from the lawyer?
GR: NO.
-because lawyers have moral ascendancy and legal
superiority over their clients
EXPT: when in the interest of justice, he has to advance
necessary expense in a legal matter he is handling
for a client.
-the loan is in connection with the legal matter that
the lawyer is handling for the client
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LAWYER ENTERING INTO BUSNESS TRABSACTION WITH
CLIENTS
Can lawyers enter into business transactions with clients?
YES. The lawyer is not barred from entering into business
with clients, but the business transaction must be
characterized with utmost honesty and good faith. There is a
mush higher standard of good faith s compared to other
business transactions that are at arms length.
CHARGING/ SPECIAL/ PARTICULAR/ NON POSSESSORY LIEN

This is the right of the attorney to request the court to
annotate his claims for attorneys fees in whatever
recoveries made by the client from the losing adversary.
In a charging lien, it presupposes that they have won the case
and there is a money judgment in favor of the lawyers client
the lawyer will now request the court to annotate his lien
for attorneys fees.
-NO PRESUMPTION OF INNOCENSE

There is no presumption of innocence or improbability of
wrongdoing considered in his favor.
-EFFECT
What is the effect?
If the client was adjudged 100k. he has unpaid attorneys
fess of 20k. If the lawyer exercises his charging line, the
losing party will pay 20k to the lawyer and pay 80k to the
client.
So it is as if the lawyer also won the case to the extent of
the fees.
CANON 16.03 (!!!)

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.
DELIVERY OF FUNDS AND PROPERTY OF CLIENT

GR: deliver the funds and property of client upon demand
EXPT: 1. RETAINING LIEN
-lien over the funds and properties to satisfy lawful
fees and disbursement
-PVDD there is prompt notice
2. CHARGING LIEN
-lien over the judgments and executions he had
secured for the client to satisfy lawful fees and
disbursement
RETAINING LIEN/GENERAL LIEN/POSSESSORY LIEN
This is the right of the lawyer to lawfully withhold his clients
property that lawfully come to his possession until payment
of attorneys fees.
PROPERTY here are the funds and documents.
Example. The lawyer is hired by the client to have a parcel of
land titled in the clients name. The lawyer successfully
procures the title, but he is not yet paid the attorneys fees.
Can the lawyer say that he will give the title only upon the
payment of the attorneys fees?
YES. This is the retaining lien, the right of the lawyer to
withhold the clients funds and documents that lawfully
come into his possession.
-APPLICABLE ONLY TO MONEY JUDGMENT

What if the court judgment involves real property? Can the
lawyer claim his part of attorneys fees from the property?
NO. In a charging lien, one of the limitations there is that it
has to be a money judgment.
NOT MUTUALLY EXCLUSIVE
A lawyer can exercise both liens.
PURPOSE OF ATTORNEYS LIEN
Why is there recognition of the attorneys lien?
It is but natural that the lawyer be secured of the fruits of
his professional labor.
The liens are the means for the lawyer to collect his fees.
Proper administration of justice cannot be secured without
an intelligent and prosperous bar.
BASIS OF RETAINING LIEN
-RULES OF COURT
This is not a creation of lawyers to help them. This is based on
rules of court, particularly sec 37 of rule 138.
An attorney shall have a lien upon the funds, documents
and papers of his client which have lawfully come into his
possession and may retain the same until lawful fees and
disbursements have been paid, and may apply such funds
to the satisfaction thereof.
If the lawyer is handling a client in a deportation case. He

took possession of clients passport and travel documents.
Can the lawyer withhold these until he pays his attorneys
fees?
YES. This is still the retaining lien.
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LIMITATIONS ON THE EXERCISE OF RETAINING LIEN
1. apply to funds, documents and papers only
If the lawyer has come into the possession of his clients
car, can he say that he will not return it to the client?
NO.
2. the thing retained should lawfully come into the possession
of the lawyer under the circumstances consistent with the
enforcement of the lien for services.
Thus retaining lien does not apply to funds coming into
lawyers possession in trust.
So if you are given money to pay taxes, the lawyer
cannot retain it.
3. files that a client needs to pursue his case
A lawyer is filed by a client. He will not give up the files.
This is unethical.
RETAINERS FEE
Is the retaining lien the same as retaining fee?
NO. Retainers fee is a preliminary fee which is paid to
ensure and secure a lawyers services.
BASIS OF CHARGING LIEN
Still the rules of court which says;
A lawyer shall have a lien upon all judgments for the
payment of money and executions issued in pursuance
thereof which he has secured in the litigation for his client
from and after the time when he shall have caused a
statement of such claim for such lien, to be entered upon
the records of the court rendering such judgment or issuing
such execution and shall have caused written notice thereof
to be delivered to his client and to the adverse party.
LEGAL FICTION
So it is like there is a legal fiction created. It is as if the lawyer
won or is also a prevailing party litigant and he shall have a
share to the winnings to the extent of his attorneys fees.
REQUISITTES FOR VALID CHARGING LIEN
1. favorable money judgment
2. cause charging lien to be recorded in the records of the
case/annotation in the records of the case
3. notice to the client and the opposing party
EFFECT IF OPPOSING PARTY GAVE THE ENTIRE AMOUNT TO

CLIENT
If the lawyer has done all the requirements, nonetheless the
losing party paid the entire amount to the winning party,
what happens then? Can the lawyer still collect from the
losing party?
YES.
-REMEDY OF THE OPPOSING PARTY
The losing partys remedy may recover from the winning
party on the ground of solution indebite.
CHARGING FEE
Is charging lien the same as charging fee?
YES.
LIMITATIONS IN THE EXERCISE OF CHARGING LIEN
1. specific lien
It is specific to the action in which the charging lien is
recorded or in which the money judgment is secured
2. only to favorable money judgments
RETAINING LIEN VS CHARGING LIEN
RL: passive
CL: active
-you need to have it enforced through the court
through motion for annotation of the charging lien
RL:
CL:
general
specific
BASIS:
RL: lawful possession of papers, documents and funds
CL: securing of a favorable money judgment of the client
COVERAGE
RL: documents
papers
funds
CL: money judgments and executions
EFFECTIVITY
RL: as soon as the lawyer as the lawyer takes possession
-no notice required
CL: as soon as the lien is entered into the records of the
case and proper notices are given
APPLICABILITY
RL: may be before judgment or execution or regardless
thereof (even if lost the case)
CL: only if there is a favorable money judgment
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CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
CANON 18.01
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 consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter.
WHEN LAWYER IS NOT COMPETENT

Are lawyers required to e competent?
NO.
But his duty is to:
1. not to render any legal service, or
2. get collaborating counsel with his clients consent
CLIENT IS BOUND BY THE NEGLIGENCE OF LAWYER

Is the client bound by the negligence of his counsel?
YES.
GR:
Any act of the lawyer within the scope of his general or

implied authority is considered an act of the client
EXPT: when the application of the general rule would result
to:
a. serious injustice or
b. outright deprivation of the clients right to life,
liberty or property without due process of law.
CANON 18.04
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.
CANON 18.02
Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.

CANON 18.03
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
The lawyers duty is to keep the client updated.

But the client also has a correlative duty to be in contact with
his counsel to be informed of the progress of the case.
No prudent party will leave the case entirely to his lawyer.
Litigant should give necessary assistance to his counsel for
what is at stake is their interest in the case.
CONSEQUENCES OF NEGLIGENCE
1. disciplinary action against the lawyer
2. malpractice suit for damages
3. a criminal action may be set aside
4. retrial may be had in civil cases
The last two consequences are exceptional cases.
CRIMINAL ACTION MAY BE SET ASIDE
Criminal conviction may be set aside if the errors of the
defense counsel is so shocking that they deprive the accused
of the constitutional right to effective counsel.
Conviction may be set aside but accused must show that his
counsels acts or omissions were outside the range of
professionally competent assistance.
Furthermore, the acts or omissions must have caused actual
prejudice, not just concealable effect of the outcome of the
case.
Example. Criminal case but the lawyer applied civil procedure.
RETRIAL MAY BE HAD IN CIVIL CASES
In civil cases, a retrial may be conducted but courts are slow
in setting aside judgments in civil cases.
DELIGENCE REQUIRED
Diligence required from a lawyer is ORDINARY DILIGENCE.
A lawyer is not an insurer of the results of a case.
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CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
WITHIN THE BOUNDS OF THE LAW

The key phrase there is WITHIN THE BOUNDS OF THE LAW
No amount of zeal can ever justify the violation of the law by
the lawyer.
FAIR AND HONORABLE MEANS

We have discussed this that in the defense of the person
being accused of the crime, regardless of the lawyers
opinion of the guilt of the accused, it is the lawyers duty to
defend by all fair and honorable means.
CANON 19.02
Case: Maglasang vs People
SC said that the lawyers duty is not to his client but to the
administration of justice. And to that end, his clients
success is wholly subordinate and the conduct ought to and
must always be scrupulously observant to the law and
ethics.
So here, the service of the lawyer must always be within
the bounds of the law.
CANON 15 of CANONS OF PROFESSIONAL ETHICS
The office of the attorney does not permit; much less does it
demand of him for any client violation of law or any manner
of fraud. He must obey his own conscience and nit that of
his own client.
Case: Regala vs SB
The lawyer is more than an ordinary agent. The lawyer can
even overrule the clients decision when it comes to the law
and the procedure.
CANON 19.01
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.
Example.
A dismissed employee files a case against the employer on
the ground of unlawful dismissal. To gain an advantage over
the employee, the lawyer suggests to the employer to invest
a charge against the employee. So they manufacture a
spurious charge of theft against the employee. This will be a
bargaining leverage.
There is nothing wrong with countersuits as long as they are
based on facts and are meritorious. But if they are invented
only for harassing or getting an unfair advantage over the
other party then it is not allowed by the ethical rules.
DUTY TO SERVE WITHIN THE BOUNDS OF THE LAW
This is a corollary principle that the lawyer should serve his
clients within the bounds of the law.
When defending a person accused of a crime, it is the duty of
a lawyer in the defense of a person accused of a crime by all
fair and honorable means, regardless of the 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 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.
KNOWLEDGE OF FRAUD COMMITTED BY THE CLIENT

-URGE CLIENT TO RECTIFY FRAUD
The client while in the witness stand testified on the matters
which the lawyer personally knew to be untrue. So the
lawyer knew that the client was perjuring himself in the
witness stand. If the court will admit and believe the
testimony of the client, surely he will win the case. What is
the ethical duty of the lawyer if he knew that the client lied?
The lawyer should urge his client to rectify the fraud.
-IF INSIST, GROUND TO WITHDRAW AS COUNSEL
If the client insists on pursuing with the unlawful course of
action, then the lawyer has, under the rules of court,
grounds to withdraw as counsel.
-CANNOT EXPOSE; PROTECT CONFIDENCES
Should the lawyer expose the fraud to the court?
NO. Because the lawyer also has the duty to protect the
confidences of his client.
CANON 19.03
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case.
We have discussed this in Ricor vs Archangel case.

Counsel however is highly bound to comply with his clients
lawful request.
You must know what matters are for the lawyer to decide
and what matters are for the client to decide.
The question on to appeal or not, who decides that?
The client. It is a lawful request. At most the lawyer can
recommend or give legal advise.
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CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
FAIR AND REASONABLE

ATTORNEYS FEES (!!!)
It is a remuneration given to a lawyer as reasonable
compensation for his professional services.
PURPOSE
What is the rationale behind attorneys fees?
Case: Stensil vs Roach
US SC said that although the legal profession is not a
business undertaking, the lawyer, like all human beings has
the right to a livelihood.
2 CONCEPTS OF ATTORNEYS FEES
1. ORDINARY CONCEPT
This is what we call attorneys fees. The remuneration
given to a lawyer in exchange for legal services rendered.
2. EXTRAORDINARY CONCEPT
This is under art 2208 of the NCC.
ORDINARY CONCEPT OF ATTORNEYS FEES
-BASIS
-the employment of the lawyer by the client
-because of the employment of the lawyer, there is a
corollary duty of the client to pay attorneys fees.
-PRESUMPTION: ENTITLED TO ATTORNEYS FEES
Is there a presumption that the lawyer is entitled to
attorneys fees?
YES. In obligations and contracts, if there is no express
contract, it could be the innominate contract of facio ut des,
I do so that you may give. So there is always the
presumption that in exchange for the legal services
rendered, the lawyer will be paid.
EXPT: if the contract is intended to be gratuitous. But in
such exceptional case, the client must prove that that was
the intent of the lawyer; to give legal service. And the
burden to prove that lies on the client.
EXTRAORDINARY CONCEPT OF ATTORNEYS FEES

-this is the damages. This is attorneys fees in the nature of
damages ordered by the court to be paid by the losing party
in a litigation.
-TO WHOM PAID
GR: to the client
EXPT: there is an agreement between the lawyer and the
client that attorneys fees shall pertain to the lawyer
as additional compensation or as part thereof.
PVDD: the client is informed the nature of the
extraordinary attorneys fees
-INTANCES WHERE ATTORNEYS FEES ARE AWARDED

-ART 2208 NCC
Art. 2208. In the absence of stipulation, attorney's fees and expenses of
litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the
plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and
skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's
liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that
attorney's fees and expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
CONTRACT FOR ATTORNEYS FEES

-HOW AGREEMENT ABOUT ATTORNEYS FEES MADE
1. oral
2. written
-is best for both client and lawyer.
-under the rules of court, it benefits the lawyer because
if the lawyer is unjustifiably dismissed by the client and
there is a written contract for attorneys fees, the lawyer
can recover for the full amount as stated in the contract.
3. implied
-there is no agreement at all to pay for the legal fees but
the lawyer has rendered services and the client has
benefited thereby
-this is based on facio ut des and the doctrine against
unjust enrichment.
-HOW TO DRAFT CONTRACT FOR ATTORNEYS FEES
In practice, it is very simply written, with the least legalese
written. Because it would be ironic if he has to hire another
lawyer to explain to him the contract you drafted.
-CONSTRUCTION IN CASE OF AMBIGUITY
In case of ambiguity, how is it construed?
In favor of the client and strictly against the lawyer
-SUBJECT TO REVIEW BY THE COURT
Can the contract be reviewed by the court?
YES at all times. because lawyers are officers of the court
and their contract for attorneys fees are always subject to
review and supervision by the court.
So if the client complains that the attorneys fees are too
high, he can always refer the matter to the court and the
court can review the attorneys fees to see if it is fair and
reasonable under the circumstances.
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RETAINERS FEES
-KINDS OF RETAINERS FEES AGREEMENT
-Case: TRB Employees vs NLRC
1. GENERAL RETAINER
2. SPECIAL RETAINER
1. GENERAL RETAINER
A client hires a lawyer to handle his every day ordinary
business. This is a fee paid to a lawyer to secure future
services as general counsel for any ordinary legal problem
that may arise in the routinary business of the client and
refer to him for any legal action; so ordinary business
concerns in the customary business of the client.
So the lawyer makes himself available to the client for
ordinary concerns in exchange for a retainer fee.
KINDS OF ATTORNEYS FEES ARRANGEMENT

1. FIXED OR ABSOLUTE FEE
The lawyer is paid a certain fee regardless of the
outcome of the case.
Example is acceptance fee.
2. CONTINGENT FEE
The lawyer is paid only if they win.
3. FIXED FEE PAYABLE PER APPEARANCE
4. FIXED FEE HOURLY RATE OR TIME FILLING
Example. Preparation of pleadings, and conference with
the clients and services.
5. FIXED FEE BASED ON PIECE WORK
Example. Having different fees when elevated to appeal.
6. COMBINATION OF ANY
PVDD the lawyer and client agree.
Example. A lawyer is hired by a company. Retainers fee of

10k per month is given. And in exchange, the client will
forward to the lawyer ordinary legal problems of the
business, like advisories for labor concerns, review for
contracts.
-NOTWITHSTANDING THE LEGAL WORK DONE
If a lawyer does not render legal work for a particular
month, should he still be paid?
YES. Because it is not the actual work that is paid here but
the undertaking of the lawyer to be available to the client as
long as the retainer agreement is in effect.
-REASON: LOST OPPORTUNITIES
So even if there is no legal work given by the lawyer, he is
still paid because a general retainer is also a fee paid for lost
opportunities.
Because if you are already retained by the client, you
cannot take the cases of parties whose interest are adverse
to him.
2. SPECIAL RETAINER
This is a fee for a specific case handled by the lawyer for a
client.
A client may have several cases demanding special or
individual attention. If for every case there is a separate
contract for attorneys fees, each fee is considered a special
retainer.
So we are now talking of a special case or a service which
requires extraordinary attention. Maybe it takes longer time
or higher level of expertise.
It is no longer covered by a special retainer.
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August 7, 2011
CONTINGENT FEE CONTRACT
This is a contract whereby a lawyer is paid for his services
only if he wins the case.
This is also known as the NO CURE NO PAY BASIS.
-Case: Tagares vs NLRC
This is an agreement laid down in an express contract
between the lawyer and the client in which the lawyers
professional fee, which is usually a fixed percentage of what
may be recovered in the action is made to depend on the
success of the litigation
CHAMPERTOUS CONTRACT (!!!)

One whereby a lawyer agrees to prosecute suits at his own
expense for the recovery of things or property belonging to
or claimed by the client, the latter agreeing to pay the
former a fraction of the of the thing or property recovered
as compensation.
-EFFECT
This is void.
-AS COMPARED TO CONTINGENCY CONTRACT
Champ: void
Cont: valid
-RATIONALE
Why is this contract allowed?
The rationale behind this contract is the recognition that
this kind of contract is often the only way by which the poor
and the helpless can have their right to litigate.
Champ: there is an undertaking of the lawyer to bear all

expenses incident to the litigation
Cont: no such agreement, what is waived in the mean
time is attorneys fees only
-AMOUNT
How do you know if the amount in the contract is
reasonable?
At any rate, the amount is always subject to the supervision
of the court as to its reasonableness.
-EXPENSES INCIDENT TO THE LITIGATION

The lawyer should not undertake all the expenses incident
to the litigation; like filing fees, docket fees, research fees,
reproduction fees, mailing expenses and other overhead
expenses.
-EFFECT OF CLIENTS REFUSAL TO APPEAL

An attorney engaged to collect his attorneys fees in
contingency basis may not, in order to collect his fees
prosecute his appeal despite his clients refusal to appeal.
Remember that a lawyer is duty bound to obey his clients
lawful requests. So the lawyer may not insist.
-VOID
It is void because it is against the public policy and ethics of
the profession.
Because then the lawyer would be so heavily invested in
the case. The lawyer might be blind on the ethical rules and
would want to win at all costs to recover his investments.
-Case: Daviste vs CA
SC said that a contingent fee contract does not make a
lawyer a creditor of the client. It neither gives nor purports
to give to a lawyer any right whatsoever, personal or real in
and into the clients potential winning to the suit.
If the contingency does not occur, then the lawyer is not
entitled to contingent fees at all.
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CANON 20.01
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;
(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.
These are the factors that can guide the lawyer in

determining the reasonableness of his fees. (read on)
This tells us that there is no fixed fee. There is only a
minimum rate, and practically no limit.
OTHER FACTORS
Other factor may also be considered, such as:
1. clients ability to pay
2. client is a fellow lawyer, or his dependents
3. responsibility imposed on the lawyer
4. actual results secured
PURPOSE OF CRITERIA FOR REASONABLENESS OF FEES
Why should there be a criteria for reasonableness of fees?
Excessive fees would discourage prospective clients from
seeking legal representation.
OTOH if the legal fees are inadequate, there is a danger
that it might serve as a disincentive of the lawyer to exert his
utmost in representing the client. It might also discourage
dedicated and talented persons in pursuing a career in law.
QUANTUM MERUIT
-AS MUCH AS HE DESERVES
Determination of lawyers fees which is as much as he
deserves considering the factors to determine the
reasonableness of fees and the pertinent circumstances of
the case
-WHEN DONE
When is the lawyer given attorneys fees based on
quantum meruit?
1. when the fee appears excessive, unconscionable or
unreasonable as reviewed by the courts
2. when there is no express contract or there is implied
contract
3. when contract of employment is void because of some
irregularity in its execution or as to purely formal matters.
4. when there is an agreement to pay attorneys fees but the
amount is not agreed upon
5. when the lawyer withdraws with justifiable cause
-IF LAWYER WITHDRAWS WITHOUT JUSTIFIABLE CAUSE

Lawyer is given quantum meruit.
-IF LAWYER WITHDRAWS WITHOUT JUSTIFIABLE CAUSE
If lawyer withdraws without justifiable cause, the
attorneys fees are reduced. There may even be a chance
that he forfeits the attorneys fees.
-IF CLIENT WITHDRAWS
If the client withdraws or fires the lawyer, under the rules
of court, full compensation.
PVDD: 1. the contract must have been reduced to writing
2. withdrawal is without justifiable cause
LIMITATION OF ATTORNEYS FEES
The law can limit the collection of attorneys fees. The state as
PARENS PATREA, the protector of the people can protect the
interest of the under privilege. Usually you see this in social
legislation.
-LAWS LIMITING ATTORNEYS FEES
1. US Veterans Claim
-not more than P20
2. Labor Code
CANON 20.02
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.
FEE SPLITTING
This provides for a situation of fee splitting.
-REQUISITES
1. referral cases
2. clients consent
3. split in the fee is proportionate to the work performed
and responsibility assumed
PURE REFERRAL NO FEE SPLITTING
If it was only purely referral and the employer did nothing,
can there be fee splitting?
NO. OW the lawyer is like an agent or a runner.
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CANON 20.03
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.
PURPOSE
The reason behind this is very clear. Because if the lawyer can
get some other amounts from other people other than his
client, his loyalty may be divided. He cannot be fully faithful
to his client.
CANON 20.04
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.
AVOID CONTROVERSIES
Yes we have discussed that a lawyer has the right to
livelihood and lawyers liens to make it easier to collect.
But at the end of the day, 20.04 reminds lawyers to as much
as possible avoid controversies concerning their attorneys
fees.
GR: avoid controversies regarding attorneys fees
EXPT: to prevent imposition, injustice or fraud.
ASUMPSIT
This is the name of the action filed by the lawyer against his
client for collection of attorneys fees.
-HOW INSTITUTED
It is instituted:
1. independently from the main case
2. by filing a motion in the main case
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND

SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
ATTORNEY CLIENT PRIVILEGE VS CANON 21

You might say we are done with this when we discussed
attorney-client privilege but there is a thin line which
distinguishes it from the duty under canon 21.
ACP:
C21:
protects all communications

all information acquired during the course of
professional employment
-even information not communicated
-broader scope, all confidences and secrets
-even if after relationship is terminated
CONSEQUENCES IN VIOLATING THE CLIENTS CONFIDENCE

1. criminal liability
a. betrayal of trust by an attorney,
b. revelation of secrets
2. administrative action
CANON 21.01
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client
except;
(a) When authorized by the client after acquainting him of the consequences
of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
GR: not reveal the confidences or secrets of his client

EXPT: a. authorized by the client after acquainting him of the
consequences of the disclosure
b. required by law
c. necessary to collect his fees
d. necessary to defend himself, employees or
associates
e. by judicial action
JURISPRUDENCE:
f. the client himself or in case of his death, his heirs or
legal representatives relieved the lawyer of such duty
1. AUTHORIZED BY THE CLIENT AFTER ACQUAINTING HIM OF
THE CONSEQUENCES OF THE DISCLOSURE
The authorization amounts to a waiver on the part of the
client.
But then the authorization must be an informed one. He must
be informed of the consequences of the disclosure.
CONSENT NEEDED IF EXAMINE SECRETARY, STENOGRAPHER
OR CLERK
Lets go back to attorney client privilege, if the witness to be
examined is the lawyers secretary, stenographer or clerk,
consent of the client is not enough. Consent of the lawyer is
also needed.
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2. DISCLOSURE IS REQUIRED BY LAW
The law does not make a lawyer a nest of vipers in which to
hatch crimes or fraud.
Public policy and the lawyers duty forbids the lawyer from
assisting in the commission of the crime or permitting the
privilege to conceal a wrongdoing.
-FUTURE CRIMES AND FRAUDS
So future crimes and frauds, a lawyer may not be
professionally consulted.
3. NECESSARY TO COLLECT FEES OR DEFEND HIMSELF OR HIS
STAFF OR BY JUDICIAL ACT
-NECESSARY TO COLLECT FEES
Example. In explaining the clients complaint that the fees
are so exorbitant, the lawyer can reveal clients secrets to
justify the attorneys fees.
CANON 21.05
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent
those whose services are utilized by him, from disclosing or using
confidences or secrets of the clients.
Because whats the use if the lawyer is vigilant on himself

only and not reveal the clients confidences and secrets but
his secretary can or his messenger can? So the lawyer can
also exercise care and supervision over his employees for
them to know how to protect clients confidences and
secrets.
CANON 21.06
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's
affairs even with members of his family.
So do not make your cases a dinner topic.
CANON 21.07
CANON 21.02
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the same
to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.
GR: not reveal prior consultation

EXPT: to avoid conflict of interest
CANON 20.03
Rule 21.03 - A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data processing, or any
similar purpose.
RATIONALE
OW if the lawyer remains silent, he may be violating the rule
against representing conflicting interest.
Example. The NBI goes to the lawyer asking for the files of the
client. The lawyer cannot give the files without the clients
consent.
-Case: People vs Syhoko
The court cannot order the opening of a lawyers cabinet,
seized by virtue of a search warrant which cabinet contains
confidential files of his client.
SHARING DETAILS OF CASE WITH PARTNERS IN FIRM
Can you share details of your clients case with your other
partners?
YES. That is allowed. Unless the client expressly says that
only his lawyer should handle the case.
CANON 21.04
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners
or associates thereof unless prohibited by the client.
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CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
CANON 22.01
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
(c) When his inability to work with co-counsel will not promote the best
interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult
for him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
CANON 22.O2
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a
retainer lien, immediately turn over all papers and property to which the
client is entitled, and shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary for the proper
handling of the matter.
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PROBLEM AREAS IN LEGAL ETHICS

PRIMARY CHARACTERISTICS WHICH DISTINGUISH LEGAL

CORPORATIONS CANNOT PRACTICE LAW

3. fiduciary relation to client

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PROBLEM AREAS IN LEGAL ETHICS

CONTITUTON AS SOURCE OF LEGAL ETHICS

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PROBLEM AREAS IN LEGAL ETHICS

ATTORNEY CLIENT PRIVILEGE

LEGISLATION AS SOURCE OF LEGAL ETHICS

Simply put, under this article, lawyers are prohibited to

PROMULGATIONS BY SC AS SOURCE OF LEGAL ETHICS

COURT DECISION, TREATISES AND OTHER SOURCES OF LEGAL

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PROBLEM AREAS IN LEGAL ETHICS

THE POWER TO ADMIT TO THE BAR IS VESTED TO THE SC

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PROBLEM AREAS IN LEGAL ETHICS

SC WARRANTIES IN ADMISSION TO BAR

There are some crimes that jurisprudence has already

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PROBLEM AREAS IN LEGAL ETHICS

PRACTICE OF LAW IS A PRIVILEGE

With the new definition, 1 and 2 are dispensed with.

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PROBLEM AREAS IN LEGAL ETHICS

SHARIA LAWYER MUST ALSO PASS REGULAR BAR EXAM TO

APPEARANCE PRO HAC VICE

SHARIA COURTS AND LAWYERS

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PROBLEM AREAS IN LEGAL ETHICS

NON LAWYERS AUTHORIZED TO APPEAR BEFORE THE

PUBLIC OFFICIAL WHO CANNOT PRACTICE LAW

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PROBLEM AREAS IN LEGAL ETHICS

2. sangunian members and councilors

3. retired judges and justices

LAWYERS NOT ALLOWED TO APPEAR BEFORE THE COURT

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PROBLEM AREAS IN LEGAL ETHICS

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PROBLEM AREAS IN LEGAL ETHICS

DUTY TO DISCOURAGE LAW SUITS

CHAPTER I. THE LAWYER AND SOCIETY

If there is somebody who must obey the law first, it should be

CRIME OR TORT OF MAINTENANCE

But if a lawyer is deliberately not paid, what should the

Example. You are just filing a countersuit just for gaining a

What do you call a suit filed by a lawyer for the collection

SUMMARY OF LAWYERS DUTY TO SOCIETY

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PROBLEM AREAS IN LEGAL ETHICS

Canon 2 is making available efficient legal service.

Are they ethical?

BARRATRY VS AMBULANCE CHASING

RECOGNIZED EVILS IN BARRATRY AND AMBULANCE

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE

DEFENSELESS AND OPPRESSED

SAME DEGREE OF DILIGENCE FOR PAYING AND NON PAYING

4. defrauding of injured persons having proper cause of

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PROBLEM AREAS IN LEGAL ETHICS

PENALTIES FOR NON COMPLIANCE OF MANDATORY LEGAL