114557811-Agpalo-Legal-Ethics-Reviewer.pdf

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

CHAPTER 1 INTRODUCTORY Preliminary  Legal Ethics 1. Branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. 2. It is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar  The law is not a trade nor a craft but a profession.  Its basic ideal is to render public service and secure justice to those who seek its aid.  Those enrolled in its ranks should not only master its tenets and principles but also accord continuing fidelity to them.  Obligation not an easy task due to commercialism in all fields of human endeavor.  To fulfill obligation: 1. Professional standards be constantly inculcated among lawyers. 2. ―Manual of equipment‖ – rules and ethics of the profession collated, readily available to every attorney. 

Sources of Legal Ethics: 1. The 1987 Constitution. 2. Applicable Jurisprudence. 3. Code of Professional Responsibility. 4. New Civil Code. 5. Rules of Court. 6. Revised Penal Code. 7. Local Government Code.

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PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL PROFESSION FROM BUSINESS 1. A duty of public service. 2. A relation, as an ―officer of the court‖, to the administration of justice involving thorough sincerity, integrity and reliability. 3. A relation to clients with the highest degree of fiduciary 4. A relation to the colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. Definitions  ―LEGAL ETHICS‖ o Body of all principles of morality and refinement that should govern the conduct of every member of the bar. o ―Living spirit of the profession.‖ o Branch of moral science which treats of duties which an attorney owes to the court, to his client, to his colleagues, and to the public.  Terms used to describe a member of the legal profession: o Lawyer, Attorney, or Attorney-AtLaw. o Advocate, Barrister, Counsel or Counselor. o Proctor, Solicitor. o Spanish: Abogado. o Filipino: Manananggol.  The term refers to that class of persons who by license are officers of the court empowered to appear, prosecute, and defend.  A person who is a member of the Philippine Bar who, by warrant of 1

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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another, practices law, or acts professionally in legal formalities. Those who passed the Shari’a Bar not entitled to be called ―Attorneys‖ unless admitted to the Philippine Bar. Counsel de parte: o An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court. o Implies freedom of choice either on the attorney or the litigant. Counsel de oficio: o Attorney appointed by the court. o To defend an indigent defendant in a criminal action. o To represent a destitute party. Attorney of record: o Attorney whose name, together with his address, is entered in the record of the case as the designated counsel of the party litigant. o To whom judicial notices are sent. A lawyer “of counsel” is an experienced lawyer, who is usually a retired member of judiciary employed by law firms as consultant. Amicus Curiae is: o An experienced and impartial attorney invited by the court to appear and help in the disposition of issues submitted to it. o It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong. o Appears in court not to represent any particular party but only to assist the court. Amicus Curiae par excellence – bar associations who appear in court as amici curiae or friends of the court. Acts

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merely as a consultant to guide the court in a doubtful question or issue pending before it. “Bar” refers to the legal profession. “Bench” refers to the judiciary. Client – one who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in behalf and usually for a fee. Lawyer – this is the general term for a person trained in the law and authorized to advice and represent others in legal matters Attorneys-At-Law – that class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. Attorney in fact- simply an agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer. Bar Association – an association of members of the legal profession like the IBP where membership is integrated or compulsory. House Counsel – one who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Lead Counsel – the counsel on either side of a litigated action who is charged with the principal management and direction of a party’s case, as distinguished from his juniors or subordinates. Practicing Lawyer – one engaged in the practice of law who by license are officers of the court and who are empowered to appear, prosecute and defend a client’s cause. 2

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Pro Se - an appearance by a lawyer in his own behalf. Trial Lawyer – one who personally handles cases in court, administrative agencies of boards which mean engaging in actual trial work, either for the prosecution or for the defense of cases of clients.

Power to regulate practice of law  The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and regulation in the Supreme Court. The constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion.  Const art. XII, sec. 14. o The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.  The SC acts through a Bar Examination Committee in the exercise of its judicial function to admit candidates to the legal profession. Thus, the Committee is composed of a member of the Court who acts as Chairman and 8 members of the bar who acts as examiners in the 8 bar subjects with one subject assigned to each.  Practice of law is impressed with public interest. o Attorney takes part in one of the most important functions of the State – The Administration of Justice. o Duty of the State to control and regulate the practice of law to promote public welfare.  Practice of law is inseparably connected with the exercise of its judicial power in the administration of justice.  LEGISLATURE’S EXERCISE OF POLICE POWER may enact laws regulating the practice of law but may not pass a law ralc2011

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that will control the Supreme Court on its function to decide who may enjoy the privilege of practicing law. Could be considered unconstitutional. SC POWER TO REGULATE PRACTICE OF LAW includes: 1. Authority to define that term. 2. Prescribe qualifications of a candidate and the subjects of the bar exams. 3. Decide who will be admitted to the practice. 4. Discipline, suspend, or disbar any unfit or unworthy member of the bar. 5. Reinstate any disbarred attorney. 6. Ordain the integration of the Philippine bar. 7. Punish for contempt any person for unauthorized practice of law. 8. Exercise overall supervision of the legal profession. 9. Exercise any other power as may be necessary to elevate the standards of the bar and preserve its identity. Power to regulate the practice of law is not an arbitrary or despotic power to be exercised at the pleasure of the court. It is the duty of the court to exercise it by a sound and just judicial discretion.

Nature of office of attorney  An attorney is more than a mere agent because he possesses special powers of trust and confidence reposed in him by his client.  Independent as the judge.  In a limited sense, a public officer, although not in the constitutional or statutory meaning of the term.  Occupies a quasi-judicial office because he is in fact an officer of the court.  The title “Attorney” is reserved to those who has: 3

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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1. obtained the necessary degree in the study of law; 2. successfully taken the bar exams; 3. admitted to the IBP; 4. remain members thereof in good standing; 5. been authorized to practice law in the Philippines. Membership in the bar is in the category of a mandate of public service of the highest order. Lawyers are oath-bound servants of society whose conduct are clearly circumscribed by the inflexible norms of law and ethics. Primary duty is to the advancement of the quest of truth and justice.

Privileges of an attorney 1. Privilege and right to practice law during good behavior before any judicial, quasi-judicial, or administrative tribunal. 2. Attorneys enjoy the presumption of regularity in the discharge of his duty. (His statements, if relevant or material to the case, are absolutely privileged regardless of their defamatory tenor. He can speak freely and courageously in proceedings without the risk of criminal prosecution.) 3. Other privileges inherent in his status as quasi-judicial officer: a. Passing the bar is equivalent to First-grade Civil Service eligibility for any position in the classified service of the government, the duties of which require knowledge of law. b. Second-grade eligibility for any other government position not requiring proficiency in the law. 4. The court, in admitting him to practice, presents him to the public as worthy of its confidence and as a person fit and ralc2011

proper to assume and discharge the responsibilities of an attorney. 5. Has the privilege to set the judicial machinery in motion.   

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He can stand up for his right or the right of his client even in the face of a hostile court. He has the right to protest, in respectful language, any unwarranted treatment of a witness or any unjustified delay. The rights and privileges which they enjoy as officers of the court are necessary for the proper administration of justice as for the protection of attorney and his client. ―There can be no strong bar without courageous and fearless attorneys.‖ As a man of law, his is necessarily a leader in the community, looked up to as a model citizen. Integrity, ability, and learning often makes him qualified to administer the Executive Departments or the Legislative bodies.

Duties of Attorneys (Rule 138, Sec 20) – MEMORIZE! It is the duty of an attorney: 1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2. To observe and maintain the respect due to the courts of justice and judicial officers; 3. To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or 4

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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any judicial officer by an artifice or false statement of fact or law; To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

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Public versus private and personal duties  PUBLIC DUTY: o Obey the law. o Aid in the administration of justice. o Cooperate whenever justice is imperiled.  PRIVATE DUTY: o Faithfully, honestly, and conscientiously represent the interest of his client.  PERSONAL DUTY, the obligation he owes to himself. 

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1. Duties to SOCIETY – should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems. 2. Duties to the LEGAL PROFESSION – candor, fairness, courtesy and ralc2011

truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession. 3. Duties to the COURT – respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice. 4. Duties to the CLIENT – entire devotion to client’s interest.

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Such classification of public and personal results from the three-fold capacity in which attorneys operate: o As a Faithful Assistant of the court in search of just solution to disputes (Public Duty). o As a Trusted Agent of his client (Private Duty). o As a Self-employed Businessman (Personal Duty). Rules and ethics demand that an attorney subordinate his personal and private duties to those which he owes to the court and to the public. Where his duties to his client conflict with those he owes to the court and the public, the former must yield to the latter. His obligations to his client take precedence over his duties to himself. 5

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Practice of law as a profession  The practice of law is a profession, a form of public trust, the performance of which is entrusted only to those who are qualified to possess good moral character.  The legal profession is not a trade.  To render public service and secure justice to those who seek its aid.  It is not a business, using bargain counter methods to reap large profits.  The gaining of livelihood is not a profession, but a secondary consideration.  The Code of Professional Responsibility, particularly the ethical rule against advertising or solicitation of professional employment, rests on the fundamental postulate that the practice of law is a profession.  Profession – A calling requiring specialized knowledge and often requiring long academic preparation.  In fixing fees, remember that ―the profession is a branch of the administration of justice and not a mere money-making trade.‖  Law advocacy is not capital that yields profits.  A calling, unlike mercantile pursuits which enjoy a greater deal of freedom from government interference, is impressed with public interest.  Attorney is also entitled to protection from the court against any attempt by his client to escape payment of his just fees.  Client is also protected against exaction by his counsel of excessive fees. 

Primary Characteristics distinguishing the Legal Profession from Business: 1. A duty of public service, emolument is a by-product.

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2. A relation as officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability. 3. Relation to the client in the highest degree fiduciary. 4. Relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing with their clients. These characteristics make it a noble profession and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically, and morally. A partnership in the practice of law is a mere relationship or association for such particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of carrying on a trade or business or of holding property. Even if registered with the SEC, any lawyer practicing under a law partnership is considered a solo practitioner who is the taxpayer and not the law partnership. Law prohibits a business or commercial partnership or juridical entity to engage in the practice of law since such cannot possess nor comply with the qualifications and requirements of a lawyer.

Necessity of representation by counsel  Employment of a person acquainted with the rules becomes a necessity both to the litigant and to the court.  Litigant is not ordinarily versed in the law and its intricacies.  A court can adjudicate only in accordance with the law and the facts presented pursuant to well-established rules of procedure and evidence. 6

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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A person unlearned in the law can neither aid litigants nor the court in that regard. Only a lawyer can properly and effectively extend such assistance. The law profession came into being as a result of that procedural development of the court, which created the necessity for the attorney and made him an essential part of the judicial machinery. The right of a litigant to counsel is a recognition of the necessity that a litigant appear by counsel. There can be no fair hearing unless a litigant is represented by counsel. A court cannot compel a litigant to prosecute or defend his cause personally if he chose to appear by counsel, nor can it assign a counsel de oficio for an accused and require said counsel to proceed with the trial when the accused has previously manifested his desire to secure the services of a counsel de parte. SC subjects the lawyer to disciplinary action and administrative liability for his failure to properly attend to the interest of his client.

Need for, and right to, counsel  Party litigant needs the assistance of counsel in al proceedings, administrative, civil, or criminal.  Not being a lawyer, he is ignorant of the substantive and procedural laws which are applied to resolve disputes.  Even if he is a lawyer, his personal or emotional involvement may adversely affect his handling of the case. Thus, even lawyers who are parties in a case need the guiding hand of counsel.  The need of a person for the assistance of counsel is felt more urgently in criminal than in any other proceeding. ralc2011

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In custodial investigations, any person under such for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his choice and any confession in violation of such shall be inadmissible in evidence against him.

Consequences of denial of right to counsel  The denial of such right, which may either be the absence of assistance of counsel or the inadequate and grossly negligent representation may have adverse results. 1. Admission of guilt without counsel, inadmissible in evidence. 2. Representation of a person claiming to be a lawyer, conviction shall be set aside and a new trial undertaken. 3. Judgment of conviction even if final and executor may still be recalled. 4. Gross ignorance of law and procedure by counsel gives the accused another chance to present his evidence. 5. Litigation may be reopened if the incompetence, ignorance, or inexperience of counsel is so great and error committed is so serious that the client is prejudiced and denied his day in court. When appearance by counsel not obligatory  In the Municipal Trial Court, a party may conduct his litigation in person or with the aid of an agent or friend appointed by him or with an aid of an attorney. 7

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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In Regional Trial Court and Appellate Courts, a party to a civil suit may either conduct his litigation personally or by attorney unless the party is a juridical person. In Administrative Proceedings, right to counsel is not indispensable to due process. If a respondent had chosen to represent himself without counsel cannot later claim denial of due process. Nothing in the Constitution that says that a party in a non-criminal proceeding is entitled to be represented by counsel. The rule applies only in Civil and Administrative cases. It does not apply in cases involving grave and less grave offenses where the accused must be represented by counsel and such right is not waivable.

Canons of professional responsibility  A lawyer is answerable not only to his client but also to the court of which he is an officer.  He should do nothing which may tend to lessen the public confidence in the fidelity, honesty, and integrity of the legal profession.  Professional standards serve as the lawyer’s chart and compass to resolve difficult questions of duty and help minimize ethical delinquencies.  In 1917, the Philippine Bar Association, realizing that something more than the Oath and Duties of a Lawyer was needed to attain the full measure of public respect, adopted as its own Canons 1 to 32 of the Canons of Profession Ethics of the American Bar Association.  In 1946, it again adopted as its own, Canons 33 to 47.  Their enforcement by the courts and observance by lawyers is indicative of a ralc2011

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due appreciation of their responsibilities to the courts, to the clients, to the bar, and to the public Supreme Court applied some of the Canons in case of professional misconduct. The Integrated Bar of the Philippines adopted in 1980 a proposed Code of Professional Responsibility submitted to the Supreme Court for approval. In 1988, the Supreme Court promulgated the Code of Professional Responsibility. The Code consists of 22 Canons and 77 Rules, divided into 4 Chapters: 1. The Law and Society. 2. The Lawyer and the Legal Profession. 3. The Lawyer and the Courts. 4. The Lawyer and the Clients. The Code establishes the norms of conduct and ethical standards for all lawyers. Failure to live up to any of its provisions is ground for disciplinary action. Faithful observance requires a thorough understanding of the Code.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

B. What are the causes for disciplinary action against him. C. Whether he should be disciplined, suspended, disbarred, or reinstated.

CHAPTER 2 –ADMISSION TO PRACTICE A. JUDICIAL CONTROL Admission to practice is a judicial function  The power to admit applicants to the practice of law is judicial in nature and involves the exercise of judicial discretion.  Traditionally exercised by the Supreme Court as an inherent part of its judicial power.  Rationale comes from the nature of a judicial function and the role played by attorneys in the administration of justice. 

The admission to the practice of law requires: 1. Previously established Rules and Principles. (By Constitutional mandate, a primary responsibility of the Supreme Court) 2. Concrete Facts, past or present, affecting determinate individuals. (Brought about by the applicant for admission to the bar) 3. A Decision as to whether the facts are governed by rules and principles. (Involves judicial adjudication which essentially a function of the court)

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To enable the court to properly discharge its responsibility for the efficient and impartial administration and to elevate and maintain the standard of the legal profession requires that it must have the primary duty to decide: A. Who may be admitted to the bar as one of its officers.

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Any legislative or executive judgment substituting that of the Supreme Court in the admission to the practice of law or suspension, debarment, reinstatement infringes upon and constitutes as an invalid exercise of the legislative or executive power.

Legislative power to repeal, alter, or supplement  The 1935 and 1973 Constitutions provide that the Supreme Court shall have the power to promulgate rules concerning the admission to the practice of law but may be repealed, altered, or supplemented by the Batasang Pambansa.  The 1987 Constitution deleted such provision.  The legislature may, however, enact laws with respect to the first requisite for the admission to the bar (Previously established Rules and Principles) that applicants should observe. A. The legislature may pass a law for additional qualifications for candidates for admission to the practice or filling up deficiencies in the requirements for admission to the bar. B. Such law may not, however, be given retroactive effect so as to entitle a person, not otherwise qualified, to be admitted. C. Such law will not preclude the Supreme Court from fixing other qualifications and requirements.  Reason: Legislature has no power to grant a layman the privilege to practice law nor control the Supreme Court in its 9

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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The Legislature, in the exercise of its POLICE POWER may, however, enact laws regulating the practice of law to protect the public and promote the public welfare. 1. A law declaring illegal and punishable the unauthorized practice of law. 2. Require further examination for any attorney desiring to practice before any quasi-judicial or administrative agency. Whatever law may be passes is merely in aid of the judicial power to regulate. But the legislature MAY NOT pass a law that will control the Supreme Court in the performance of its function to decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional as an invalid exercise of legislative power. RA 972 (the Bar Flunkers Act) aims to admit to the Bar, those candidates who suffered from insufficiency of reading materials and inadequate preparation. By its declared objective, the law is contrary to public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the practice of the profession, as was exactly found by this Tribunal in the aforesaid examinations. An adequate legal preparation is one of the vital requisites for the practice of law that should be developed constantly and maintained firmly.

Executive power in relation to practice  The Chief Executive cannot, by executive order, admit a person to the practice of law nor can he, by treaty with another country, modify the rules on the admission to the bar. ralc2011

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A treaty, cannot be so interpreted as to entitle a holder of a law degree obtained in another country to practice law in this country without complying with the requirements of existing law. Accordingly, a Filipino citizen who obtained a law degree in another country is not entitled to be admitted to the Philippine Bar without complying with the requirements.

Prescribing standards for law schools  CHED acts as an agency or in aid of the Supreme Court in the exercise of its primary authority to determine who may be admitted to practice since such authority is by Constitutional mandate and rests and remains exclusively with the high tribunal.  CHED merely: 1. Exercises regulatory power over law schools or certifies as to the satisfactory completion of the prescribed courses of law study by an applicant for admission to the bar examination. 2. Assumes some responsibility for the quality of instruction and training required of an applicant for membership in the bar. 

Supreme Court incidental powers (Incidental to its primary authority to decide who may be admitted to the bar): 1. Fixing minimum standards of instruction for all law schools to observe. 2. Setting up of the necessary administrative machinery to determine compliance therewith. 3. By way of sanction, refusal to admit to the bar exams law graduates from schools failing to meet those standards. May be 10

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

implemented accreditation.

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B. WHAT CONSTITUTES PRACTICE OF LAW Practice of Law, generally  General principles and doctrines laid down by the courts explaining the meaning and scope of the term: 1. To engage in the practice of law is to do any of those acts which are characteristic of the legal profession. 2. Any activity in or out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience. (Cayetano vs Monsod) 3. It is not limited to the conduct of cases in court. 4. Includes legal advice, counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be pending in court. 5. Strictly speaking, the word practice of law implies the customary or habitual holding out of oneself to the public as a lawyer and demanding compensation for his services. [People vs. Villanueva 14 SCRA 111] 

Three Principal Types of Professional Activities: 1. Legal advice and instructions to the clients to inform them of their rights and obligations. 2. Preparation for clients of documents requiring knowledge

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of legal principles not possessed by ordinary layman. 3. Appearance for clients before public tribunals.   

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When a person participates in a trial and ―advertises‖ himself as a lawyer, he is in the practice of law. Giving advice for compensation regarding the legal status and rights of another constitutes practice of law. One who renders an opinion as to the proper interpretation of a statute and receives pay for it, is to that extent, practicing law. Engaging in the practice of law presupposes the existence of a lawyerclient relationship. Where a lawyer undertakes an activity without any such relationship, such as teaching law or writing law books or legal articles cannot be said to be engaged in the practice of his profession as a lawyer.

Characteristics of term “Practice of Law”  The phrase ―practice of law‖ implies customarily or habitually holding oneself out to the public, as a lawyer, for compensation as a source of livelihood or in consideration of his service.  Holding oneself out may be shown by acts indicative of that purpose.  Thus, a layman is illegally engaged in the practice when he sends a circular announcing the establishment of a law office for the general practice of law, or when the takes the oath of office as a lawyer before a notary public and files a manifestation with the Supreme Court informing his intention to practice law.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Private practice consists of frequent and customary actions, more than an isolated appearance. It contemplates succession of acts of the same nature habitually and customarily holding oneself out to the public as a lawyer. Isolated Appearance: A. A judge who is prohibited from engaging in private practice of law has not violated this prohibition when he appeared as counsel for his cousin pro bono in a criminal case. B. Appearance as counsel in one occasion is not conclusive as determinative of engagement in the practice of law. C. Appearance of a city attorney as private prosecutor not within the prohibition. (People vs. Villanueva) An isolated appearance may, however, amount to practice: 1. Legislator cannot appear as counsel before any court of justice or Electoral Tribunals, or quasi-judicial and administrative bodies even in a single instance. 2. A layman’s representation as defense counsel in a criminal case is invalid and the conviction of the accused may be set aside, as violative of due process.

Representation before the court  Practice of law, as customarily understood, means: 1. Rendering of services to a person, natural or juridical, in court on any matter through various stages and in accordance with rules of procedure. 2. Appearance before the court. ralc2011

3. Preparation and filing of a pleading, motion, memorandum, or brief. 4. Examination of witnesses and presentation of evidence. 5. Management and control of the proceedings in court. Representation before other agencies  Appearances before any quasi-judicial, administrative, or legislative agency constituting practice of law: 1. Interpretation and application of laws. 2. Presentation of evidence to establish certain facts. 3. Representing an applicant for registration of trademark, trade name, or service mark in the Philippine Patent Office. 4. Advocating or resisting claims before the NLRC, BoC, or BIR. 5. Representing before a legislative body regarding a proposed legislation or ordinance. 

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Character of the service and not the place where it is performed is the decisive factor determinative of whether the service constitutes practice of law. Service to prepare and prosecute a just claim before a quasi-judicial or administrative body same and legitimate as the service rendered in court in arguing a cause.

Activity outside of court  Practice of law also consists of work performed outside of court: o Giving legal advice on large variety of subjects. o Conveyancing and preparation and execution of legal instruments covering an extensive field of business and trust and other affairs. 12

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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No valid distinction can be drawn between part of the work involving appearance in court and that part involving advice and drafting of instruments in his office. Practice of law need not be habitual services in litigations in court. A person’s past work experiences as lawyer-economist, lawyer-manager, lawyer-entrepreneur of industry, lawyer-negotiator of contracts, and lawyer-legislator more than satisfy the constitutional requirement for appointment as Chairman of the COMELEC that he has been engaged in the active practice of law for at least ten years. (Cayetano v Monsod)

ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE PRACTICE OF LAW: (HACA) 1. Habituality- implies customarily or habitually holding oneself out to the public as a lawyer 2. Compensation- implies that one must have presented himself to be in the active practice and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his said services. 3. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experience. 4. Attorney-client relationship. C. WHO MAY PRACTICE LAW Persons entitled generally ralc2011

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Any person who has been duly licensed as a member of the bar in accordance with the statutory requirements and who is in good and regular standing is entitled to practice law. Two basic statutory requirements: 1. Must have been admitted to the bar. 2. After admission, must remain in good and regular standing (a continuing requirement).

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Must have been admitted to the bar. A lawyer is one who: 1. Passed the bar exams. 2. Taken the lawyer’s oath before the Supreme Court en banc. 3. Signed in the roll of attorneys. 4. Received a certificate of license to practice law from the Clerk of Court of the Supreme Court. 5. Furnished satisfactory proof or educational, moral, and other qualifications.

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After Admission he or she must: 1. Remain an IBP member in good standing by regularly paying IBP dues and other lawful assessments. 2. Pay annual privilege tax. 3. Faithfully observe the rules and ethics of the legal profession. 4. Be continually subjected to judicial disciplinary control.

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Compulsory membership to the IBP is not violative of a lawyer’s freedom of association. Integration does not make a lawyer a member of any group of which he is already a member. He became a member of the bar when he passed the Bar Examinations. Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings of his Integrated Bar Chapter or vote or 13

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

refuse to vote in its elections as he chooses. The only compulsion to which he is subjected is the payment of annual dues. The Supreme Court, in order to further the State’s legitimate interest in elevating the quality of professional legal services, may require that the cost of improving the profession in this fashion be shared by the subjects and beneficiaries of the regulatory program — the lawyers [In re: Edillon A.M. 1928] 

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The rigid requirements and conditions are designed to admit to its ranks only those who are adequately prepared, mentally and morally, to discharge the duties of an attorney. The purpose, in the final analysis, is to protect the public, the court, the client, and the bar from incompetence and dishonesty of those who are unfit to become members. Only those who are competent, honorable, and reliable may practice law.

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The attorney’s continued enjoyment of the privilege conferred depends upon his complying with the ethics and rules of the profession.

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But practice of law is in the nature of a right. While the practice of law is a privilege, a lawyer cannot be prevented from practicing law except for valid reasons, the practice of law not being a matter of state’s grace or favor. He holds office during good behavior and can only be deprived of it for misconduct. The state cannot exclude an attorney from the practice of law in a manner or for reasons that contravene the due process or equal protection clause of the Constitution.

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Right and Privilege to practice  

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The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. Those standards are neither dispensed with nor lowered after admission.

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A quasi-judicial or administrative agency cannot restrict a lawyer’s privilege to practice law by imposing conditions that amount to discrimination nor limit such privilege by requiring the passing of an examination not sanctioned by law as a prerequisite to appearing before such agency. In that sense, the practice of law is in the nature of a right which cannot be lightly or capriciously taken away from him.

Practice without examination  Exceptions to the privilege afforded to Filipino citizens who have passed the bar exams to practice law: A. Citizens of the United States who: 1. Before July 4, 1946, were duly licensed members* of the Philippine Bar. 2. In active practice in the courts of the Philippines. 14

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

3. In good and regular standing as such. 4. Took the oath of office. *Pursuant to the comity clause of the then Rules of Examination of Candidates for Admission to the Practice of Law in the US during the American Regime. B. Filipino citizens*, in the discretion of the Court may be admitted without examination, who: 1. Are applicants for admission and are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of Appeals or district court therein, or in the highest court of any State or Territory of the United States. 2. Can show certificates that they have practiced before July 4, 1946. 3. Have never been suspended or disbarred. *Rule 138, Sec. 4, Rules of Court. Practice without admission  General Rule: Only those who are licensed to practice law can appear and handle cases in court. 

Exceptions: 1. Before the MTC - a party may conduct his case or litigation in person with the aid of an agent or friend appointed by him. [Sec. 34, Rule 138] 2. Before any other court – a party may conduct his litigation personally. [Sec. 34, Rule 138]. He is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented.

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3. In a criminal case before the MTC – in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is a resident of that province, of good repute for probity and ability to represent the accused in his defense. [Sec. 7, Rule 116] 4. Student Practice Rule - A law student who has successfully completed his 3rd year of the regular 4-year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education program approved by the SC – may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the Legal Clinic of the school. [Sec. 1, Rule 138-A] The student shall be under the direct supervision and control of a member of the IBP duly accredited by the law school. [Sec. 2] 5. Under the Labor Code – nonlawyers may appear before the NLRC or any Labor Arbiter if they (a) represent themselves; (b)represent their organization or members thereof [Art. 222, PD 442] 6. A non-lawyer or layman may represent a claimant before the Cadastral Court [Sec. 9, Act. No. 2259] 7. Any official or other person appointed to appear for the Government of the Philippines in accordance with law shall have all the rights of a duly authorized member of the bar in any case in which said government has an interest [Sec. 33, Rule 138]. 15

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Three Limitations in the appearance of a layman on behalf of another: 1. Layman should confine his work to non-adversary contentions. Should not undertake purely legal work such as examination of witnesses or presentation of evidence. 2. Services should not be habitually rendered. 3. Should not charge or collect attorneys’ fees.

Right of party to represent himself  In Civil Cases, individual litigant has the right to conduct his litigation personally.  He will still be bound by the same rules of procedure and evidence as those applicable to a party appearing through counsel.  He may not be heard to complain later that he has been deprived of the right to the assistance of counsel.  In Criminal Cases involving grave and less grave offenses, an accused who is a layman must always appear by counsel. He cannot conduct his own defense, as his right to counsel may not be waived without violating his right to due process of law.  By a Juridical Person:  General Rule:Iit must always appear in court by a duly licensed member of the bar.  Exception: In the MTC, it may be represented by its agent or officer who need not be a lawyer. Practice by Corporation  It is well settled that a corporation CANNOT engage in the practice of law. It may, however, hire an attorney to attend to and conduct its own legal business or affairs. ralc2011

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But it cannot practice law directly or indirectly by employing a lawyer to practice for it or to appear for others for its benefit. Reasons: 1. Nature of the privilege and on the confidential and trust relation between attorney and client. 2. The corporation (a juridical person) cannot perform the conditions required for membership in the bar, such as the possession of good moral character and other special disqualifications, the taking of an oath and becoming an officer of the court, subject to its discipline, suspension or removal. 3. The relation of trust and confidence cannot arise where the attorney is employed by a corporation to practice for it, his employer and he owing, at best, a secondary and divided loyalty to the clientele of his corporate employer. 4. The intervention of the corporation is destructive of that confidential and trust relation and is obnoxious to the law.

Persons authorized to represent the government  Any official or other person appointed or designated in accordance with law to appear for the government of the Philippines or any of its officials shall have all the rights of a duly authorized member of the bar to appear in any case in which the government has an interest, direct or indirect, or in which such official is charged in his official capacity. [Sec. 33, Rule 138].  Solicitor General, Assistant Solicitor General, Solicitors and Trial Attorneys, 16

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

State Prosecutors, Special Counsel, Special Prosecutor of the Ombudsman. Three Instances when a lawyer cannot practice: 1. Appearance of Parties in Person. In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. (SEC. 415. Local Government Code) 2. Appearance through a representative must be for a valid cause. the representative of an individual-party must not be a lawyer, and must be related to or next-of-skin of the individualparty. juridical entities shall not be represented by a lawyer in any capacity. (A. M. No. 08-8-7-SC, RULE OF PROCEDURE FOR SMALL CLAIMS CASES) 3. A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. (Rule 6.03, CANON 6) Disability of Public Officials to practice  Appointment or Election to a government office disqualifies one to practice law. 1. Public office is a Public Trust. Obliged to perform duties with exclusive fidelity. 2. Avoid conflict of interests. 3. Assure the people of impartiality in the performance of public functions, thereby promote the public welfare. ralc2011

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When any of the public officials are absolutely prohibited, they cease, as a general rule, to engage in private practice of law and the right to practice is suspended during tenure of office.

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Lawyer member of the Legislature not absolutely prohibited. Prohibited only from appearing as counsel in: 1. Any court of justice. 2. Electoral Tribunals. 3. Quasi-Judicial or Administrative bodies.

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What is prohibited is to ―personally appear.‖ The word ―appearance‖ includes: 1. Arguing a case before any such body. 2. Filing a pleading on behalf of a client as ―by simply filing a formal motion, plea or answer‖. Neither can he allow his name to appear in such pleading by itself or as part of a firm name under the signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or congressman, the office of an attorney being originally of agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. ―He cannot do indirectly what the Constitution prohibits directly‖.

RESTRICTIONS IN THE PRACTICE OF LAW OF THE MEMBERS OF THE SANGGUNIAN  They shall not: 1. Appear as counsel before any court in any civil case wherein a local government unit or any 17

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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office, agency or instrumentality of the government is the adverse party; 2. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; 3. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. [Sec. 90, R.A. 7160] 4. Use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government However, Sanggunian members may practice their professions, engage in any occupation, teach in schools except during session hours.

WHO MAY NOT PRACTICE LAW?  Relative Prohibition 1. Senators and members of the House of Representatives (prohibition to appear) 2. Members of the Sanggunian.  Absolute Prohibition 1. All members of the Judiciary 2. Judges and other officials as employees of the Supreme Court. 3. Government prosecutors. 4. President, Vice President, members of the cabinet. 5. Members of Constitutional Commissions. 6. Ombudsman and his deputies. 7. Solicitor General and Assistant Solicitor General 8. All governors, city and municipal mayors.

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9. Those prohibited by special laws – retired members of the judiciary. 

A Civil Service Officer can engage in the practice of law only if: 1. The officer’s responsibilities do not require his time to be fully at the disposal of the government. 2. With written permission from the head of the department concerned.

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A punong barangay needs to obtain written permission from the Secretary of the DILG to appear as counsel.

Liability for unauthorized practice  Any person prohibited from engaging in the practice of law or assumes to be an attorney is liable for contempt of court, punishable by fine or imprisonment or both.  Liable for Estafa, defrauds the litigant: 1. If such unauthorized practice causes damage to a party. 2. False representation and rendering service in court in behalf of litigant. 

Criminal and Administrative Liability for government officials prohibited from practicing law when doing such.

Remedies against unauthorized practice 1. Injunction. 2. Declaratory Relief. 3. Contempt of Court. 4. Petition for Disqualification. 5. Complaint for Disbarment. 6. Administrative complaint for public officer. 7. Criminal complaint for Estafa

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

D. QUALIFICATIONS FOR ADMISSION

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REQUIREMENTS FOR ADMISSION TO THE BAR: 1. Citizen of the Philippines. 2. Resident of the Philippines 3. At least 21 years old 4. Successfully completed all prescribed courses. 5. Passed the bar exams. 6. Production before the Supreme Court satisfactory evidence of: a. Good moral character b. No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

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Citizenship and Residence  Privilege denied to foreigners.  Takes into account the close connection of the practice of law with the administration of justice.  An alien cannot well maintain allegiance to the Republic of the Philippines, which is required in the Oath of a Lawyer. Good Moral Character  Continued possession of good moral character after admission is a requirement for enjoyment of privilege to practice.  Moral character is what a person really is as distinguished from good reputation or opinion generally entertained of him.  Includes at least common honesty.  Opposite of immorality, which is the indifference to the moral norms of society.  This requirement aims to maintain and uphold the high moral standard and the dignity of the legal profession. Educational qualifications

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Public Policy demands that a person seeking admission to the practice of law must 1. Possess the required educational qualifications. 2. Show a degree of learning and proficiency in law necessary for the due performance of the duties of a lawyer. To the lawyer is entrusted the protection of life, liberty, property, or honor. To approve officially one who is not adequately prepared to such a delicate task is to create a social danger.

Bar Examination  Subjects chosen for these exams are designed to eliminate any one whose general intelligence, learning, and mental capacity are inadequate to enable him to assume and discharge the duties of an attorney.  Passing Grade: A general average of 75% in all subjects without falling below 50% in any subject.  In determining the average, the subjects given the following relative weights: 1. Civil Law 15% 2. Labor and Social Legislation 10% 3. Mercantile Law 15% 4. Criminal Law 10% 5. Political and International Law 15% 6. Taxation 10% 7. Remedial Law 20% 8. Legal Ethics and Practical Exercises 5% 

A candidate who fails for three times is disqualified from taking another examination, unless he has shown to the satisfaction of the Court that he has: 19

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

1. Enrolled and passed regular fourth year review classes; 2. Attended a pre-bar review course. E. PROCEDURE FOR ADMISSION Bar Examination Committee  Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of: 1. A Justice of the Supreme Court, as chairman and designated by the court to serve for one year. 2. Eight (8) members of the Philippine bar, who shall serve as examiners in the 8 bar subjects and hold office for a period of one year. 3. Bar Confidant as liaison officer between the Court and Chairman and the Committee members. Also a deputy clerk of court. Application and supporting documents  Time for filing proof of qualifications.— All applicants for admission shall file with the clerk of the Supreme Court a duly accomplished application form together with supporting documents concerning his qualifications at least 15 days before the beginning of the examination.  Applicants shall also file at the same time their own affidavits as to their age, residence, and citizenship. (Rule 138, Sec. 7) 

Notice of applications.—Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least 10 days before the beginning of the examination. (Rule 138, sec. 8)

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American lawyers in active practice of law in the Philippines before July 4, 1946 or a Filipino citizen enrolled as attorney in the United States before July 4, 1946, who desires admission without examination should: 1. File a petition with the Court along with his 2. License to practice 3. Evidence that it has not been revoked 4. Certificates of professional standing.

Disclosure of involvement in any criminal case  Applicant must show that no charges against him involving moral turpitude have been filed or pending in court in the Philippines (Rule 138, Sec 2, Rules of Court)  To enable the court to resolve whether a particular crime involves moral turpitude, applicant must disclose any crime of which he has been charged.  If what has been concealed does not involve moral turpitude, it is the fact of concealment and not the commission of the crime itself that makes him morally unfit. Burden of proof to show qualifications  Applicant assumes the burden of proof to establish his qualifications to the satisfaction of the court.  After having presented prima facie evidence of his qualifications, any one objecting to his admission may offer contrary evidence to overcome such prima facie showing. Burden of proof shifts to the complainant. Written examinations  Annual examination. 20

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

o Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. o They shall be held in four days to be designated by the chairman of the committee on bar examiners. o The subjects shall be distributed as follows: 1. 1st day: Political and International Law (morning), Labor and Social Legislation (afternoon); 2. 2nd day: Civil Law (morning),Taxation (afternoon); 3. 3rd day: Mercantile Law (morning) Criminal Law (afternoon); 4. 4th day: Remedial Law (morning) Legal Ethics and Practical Exercises (afternoon). (Rule 138, sec. 11.)   

The questions shall be the same for all examinees. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a noiseless typewriter.

Restrictions to insure integrity in examination 1. An examinee is prohibited from bringing papers, books or notes into the examination room. 2. He is not to communicate with the other examinees during the exam. 3. He is not to influence any member of the committee on bar exams. ralc2011

4. To keep the examinee’s identity a secret and thus avoid any influence to bear upon the examiner in the valuation of his answers: a. The exam papers shall be identified by numbers. b. The name of the examinee is written in a piece of paper and sealed in an envelope. 5. Any candidate who violates any of the rules concerning the conduct of examination will be barred from taking such and the same will be counted as a failure against him.  

The conduct of the bar exams involves public interest. Any charge of anomaly requires prompt action from the Court to prevent erosion of public faith in the bar and in the court.

Correction and revaluation of grades  The bar examiners correct the examination papers and submit the grades and corrected papers to the bar confidant.  The bar confidant tallies the individual grades of every examinee, computes the general average, and prepares a comparative data showing the percentage of passing and failing in relation to a certain average.  Results are submitted to the Examination Committee and to the Court. 

Any request for revaluation of the answers and the grades given should be made by the examinee addressed to the Court.

Administration of Oath

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Qualified applicants shall take and subscribe to the Oath of Office as a Lawyer. A prerequisite to the admission of practice of law and may only be taken before the Supreme Court. The court may deny the petition to take the lawyer’s oath for: o Grave misconduct; o Pending complaint against the applicant

LAWYER’S OATH (MEMORIZE!!) I _____ , do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to its commission; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay any man’s cause for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the court as to my clients; and I will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion. So help me God. 

The lawyer’s oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times

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weigh his actions according to the sworn promises he makes when taking the lawyer’s oath. If all lawyers conducted themselves strictly according to the lawyer’s oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for everyone concerned. (In Re: Argosino, 270 SCRA 26) 

By taking the lawyer’s oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice. Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes vs. Deciembre, 457 SCRA 341)

Issuance of Certificate  After taking oath, the Supreme Court admits him as a member of the bar for all courts of the Philippines.  An order be entered that a certificate of such record be given him by the clerk of court.  Such certificate is his license to practice law.  Thereafter, he signs the roll of attorneys, which is the official record containing the names and signatures of those who are authorized to practice law. Payment of IBP dues and privilege tax  Membership by every attorney in the IBP is compulsory.  Obligation to support it financially. o Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall 22

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

determine with the approval of the Supreme Court. o Default in payment for 6 months shall warrant suspension. o Default in such payment for 1 year shall be a ground for removal of the name of the delinquent member from the Roll of Attorneys. o However, no action involving suspension or removal from the roll shall be effective without final approval of the Supreme Court. 

Conditions sine qua non to the privilege to practice law and to the retention of his name in the roll of attorneys : 1. Continued membership 2. Regularly paying membership dues and other lawful assessments that it may levy.

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A lawyer must comply with the requirement regarding payment of membership even though his practice is ―limited.‖ The exemption from payment of individual income taxes for senior citizens does not include payment of IBP membership dues.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

A. UPHOLDING THE CONSTITUTION AND THE LAW

CHAPTER 3 –LAWYER’S DUTIES TO SOCIETY MEMORY AID FOR CANONS UNDER THIS SECTION: 1. Promote and Respect the Law and Legal Process (Canon 1) 2. Provide Efficient and Convenient Legal Services (Canon 2) 3. Information on Legal Services that is true, Honest, Fair and Dignified (Canon 3) 4. Support for Legal Reforms and Administration of Justice (Canon 4) 5. Participate in Legal Education Program (Canon 5) 6. Applies to Lawyers in Government Service (Canon 6)

Duty to uphold the Constitution and obey the law  First and foremost duty of a lawyer is to: 1. Maintain allegiance to the Republic of the Philippines; 2. Uphold the Constitution and 3. Obey the laws of the land.  Code of Professional Responsibility underscores the primacy of such duty.  Canon 1: “A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes.” 

Role of lawyers in the community:  While the duty to uphold the Constitution and obey the law is an obligation imposed on every citizen, a lawyer assumes responsibilities well beyond the basic requirements of good citizenship.  As a servant of the law, a lawyer should moreover make himself an example for others to emulate.  Being a lawyer, he is supposed to be a model in the community in so far as respect for the law is concerned.

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A lawyer’s responsibilities are greater than those of a private citizen. He must not subvert the law by counseling in activities which are in defiance of the law. He should not allow his services to be engaged by an organization whose members are violating the law, to defend them when they get caught.

CANON 1: A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal process. Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession. Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any man’s cause. Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement

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Duty not conduct ralc2011

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Canon 1, Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

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As servant of the law, a lawyer should moreover make himself an exemplar for others to emulate. Duty to obey the law and promote respect for law and legal processes demands that he shall not engage in unlawful, dishonest, and immoral, or deceitful conduct. Unlawful conduct is an act or omission which is against the law. Dishonesty involves lying or cheating. Immoral or deceitful conduct is that which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community.

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Moral turpitude ―includes everything which is done contrary to justice, honesty, modesty, or good morals‖. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals.

Duty not to counsel illegal activities  Canon1, Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.  

A lawyer who defies a writ or preliminary injunction has flouted his duties as a lawyer. He should not promote an organization known to be violating the law nor assist it in a scheme which he knows is dishonest

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He should not allow his services to be engaged by an organization whose member as violating the law, to defend them when they get caught.

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The Supreme Court will not denounce criticismmade by anyone against the Court for, if well founded, can truly have constructive effects in the task of the Court, but it will not countenance any wrongdoing nor allow the erosion of our people’s faith in the judicial system, let alone, by those who have been privileged by it to practise law in the Philippines. (Estrada v. Sandiganbayan, 416 SCRA 465 (2003))

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Terrel was found guilty of malpractice or gross misconduct for assisting in the establishment and acting as counsel for the Centro Bellas Artes Club, an organization intending to evade the practice of law. (In Re Terrel (1903))

Duty not to encourage lawsuits  Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any man’s cause. 

Among the unprofessional acts which come within the prohibition include the lawyer’s: 1. Volunteering advice to bring lawsuit, except in rare cases where ties of blood, relationship, or trust. 2. Hunting up defects in titles or other causes of action. 3. Seeking out claims for personal injuries or those having any other grounds of action to secure them as clients. 4. Initiating a meeting of the members of a club and inducing 25

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

them to organize and contest a legislation under his guidance. 5. Purchasing notes to collect them by litigation at a profit. 

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Purpose of the prohibition: To prevent ambulance chasing - solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. Ambulance chasing has spawned recognized evils and is prohibited because: 1. It stirs up litigation with resulting burdens on courts and the public; 2. Supports perjury. 3. Defrauds innocent persons by judgments, upon manufactured causes of actions. 4. Defrauds injured persons having proper causes of action but ignorant of legal rights and court procedure by means of contracts which retain exorbitant expenses and by settlement made for quick returns of fees against the rights of the injured persons.

fees which are often considerably less when the cause is amicably settled. The problem of conflict of interests must be resolved against self-interest. 

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Parties to an amicable settlement enjoy benefits better than those which can legally be secured to them by judicial procedure. Litigation involves time, expense, and ill feelings, which may well be avoided by the settlement of the action. A compromise or even a confession of judgment will: 1. Accord respect to the just claim of the other party; 2. Save the client additional expenses; 3. Help prevent clogging of the docket.

Duty to encourage amicable settlement  Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. 

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The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or withholding suit. He/she must act as mediator for compromise rather than an instigator and conflict. What sometimes beclouds a lawyer’s judgment as to what is best for his client is his/her eye on the attorney’s

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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.

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Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights. Rule 2.03. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business. Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. B. MAKING LEGAL SERVICES AVAILABLE Generally  A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession.  A lawyer who is qualified to provide efficient legal services should make available such services to those who are in need thereof.  IBP Committee that drafted the Code explained: “A person in need of legal services should be able to find a lawyer who is qualified to provide them. It is ralc2011

the responsibility of the bar to make such services available.” A wide gap exists between the need and its satisfaction. This has been mainly ascribed mainly to 2 reasons: 1. Poverty and the consequent inability to pay. 2. Ignorance not only of the need of legal services but also of where to find a competent and dependable lawyer.

A lawyer shall not reject the cause of the defenseless  Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.  Stems from one of the obligations incident to the status and privileges of a lawyer – To represent the poor and oppressed in the prosecution of their claims or the defense of their rights.  Even in those instances in which he may not, for valid reasons, accept the case, the lawyer ―shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.‖ (Rule 2.02.) 

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The duty of a lawyer to accept the cause of the defenseless and the oppressed empowers the court to require him to render professional services to any party in a case, if the party is without means to employ an attorney and the services of a lawyer are necessary to protect the rights of such party or secure the ends of justice. To designate him as counsel de oficio for an accused if the latter is unable to employ a counsel de parte. The lawyer so assigned has to render effective legal services, under the pain of disciplinary sanction should he fail or 27

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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neglect to do so, until he is excused therefrom by the court. Every lawyer should: 1. Welcome the assignment as an opportunity to render public service; 2. Show that the practice of law is a profession; and 3. Demonstrate that the efficient discharge of his duties does not depend upon payment or amount of fees. The Integrated Bar of the Philippines through its Committee on Legal Aid has established legal aid offices throughout the country. Its objective is to provide on a nationwide basis legal services in favor of the poor segment of society. Their policy is that legal aid is not a matter of charity. It is a means for the correction of social imbalance that may and often do lead to injustice, which makes it a public responsibility of the Bar.

A lawyer shall not refuse to render legal advice  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. GENERAL RULE: A lawyer may refuse to accept the cause of the defenseless or the oppressed. A lawyer is not obliged to act as legal counsel for any person who may wish to become his client.

2. He 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. (Canon 14, Rule 14.01) 3. If there is serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. (Canon 14, Rule 14.02) 

EXCEPTION TO THE EXCEPTION: A lawyer may 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 interests between him and the prospective client or between a present client and the prospective client. (Canon 14, Rule 14.03)

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A valid reason to refuse is when the lawyer is not in a position to carry out the work effectively and competently. However he shall still render legal advice (such as those pertaining to preliminary steps a person can take). But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest (between him and a prospective client or between a present client and a prospective client). In the case mentioned above, rendering legal advice to the prospective client will establish an attorney-client relationship between them and this will constitute a violation of the rule prohibiting a lawyer from representing conflicting interests. (Canon 15, Rule 15.03)

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EXCEPTIONS: 1. A lawyer shall not refuse his services to the needy.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Participating in legal development CANON 5: A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve highest standards in law schools as well as in the practical training of law students and assist in disseminating information regarding law and jurisprudence. 

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It is the bounden duty of counsel in the active practice to keep abreast of decisions of the Supreme Court and changes in the law. It is imperative that judges should be conversant with basic legal principles and with the changes in the law and with the latest decisions and precedents. For service in the judiciary and being in the active practice of law require continuous study and research on the law from beginning to end. Legal education should be a continuing concern. After admission to practice, a lawyer incurs a three-fold obligation: 1. He owes it to himself to continue improving his knowledge of the law. 2. He owes it to his profession to take an active interest in the maintenance of high standards of legal obligation. 3. He owes it to the lay public to make the law a part of its social consciousness.

Mandatory Continuing Legal Education (MCLE)  Members of the IBP, except those exempt under Rule 7 of Bar Matter No. ralc2011

850 (Mandatory Continuing Legal Education), are required every 3 years to complete at least 36 hours of continuing legal education activities, with appropriate penalties for failure to do so. C. APPLICABILITY OF CODE TO GOVERNMENT LAWYERS CANON 6. These Canons shall apply to lawyers in government service in the discharge of their official duties. Rule 6.01. The primary duty of a lawyer in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.02. A lawyer in 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.

Code is applicable to government lawyers  Canon 6 makes the Code of Professional Responsibility applicable to lawyers in government service in the discharge of their official duties.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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The reason for the rule is that a lawyer does not shed his professional obligations upon assuming public office. In fact, his professional obligations should make him more sensitive to his official obligations because a lawyer’s disreputable conduct is more likely to be magnified in the public eye.

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Rule 6.01. The primary duty of a lawyer 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.

As government counsel, they have the added duty to abide by the policy of the State to promote a high standard of ethics in public service. As part of the government bureaucracy, it is incumbent upon lawyers to perform and discharge their duties with the highest degree of professionalism, intelligence, and skill, and to extend prompt, courteous, and adequate service to the public.

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A public prosecutor is a quasi-judicial officer who represents, not an ordinary party to a controversy, but sovereignty. This sovereignty has its obligation to govern impartially. Therefore, the interest in a criminal prosecution is not that it shall win a case but that justice shall be done.

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A public prosecutor should not hesitate to recommend to the court the acquittal of the accused if the evidence in his possession shows that the accused is innocent. If he finds no legal basis to sustain a conviction, he should not hesitate to recommend that the accused be acquitted. For “his finest hour is not when he wins a case with the conviction of the accused. His finest hour is still when, overcoming the advocate’s natural obsession for victory, he stands up before the court and pleads not for the conviction of the accused but for his acquittal. For indeed, his noble task is to prosecute only the guilty and to protect the innocent.”

Fundamental principle in public law: Public office is a public trust. A public servant owes utmost fidelity to the public service. Norms of conduct required of public officials: 1. Uphold the public interest over and above personal interest. 2. Discharge their duties with the highest degree of excellence, professionalism, intelligence, and skill. 3. Act with justness and sincerity. 4. Provide service without discrimination. 5. Extend prompt, courteous, and adequate service to the public. 6. Be loyal to the Republic. 7. Commit themselves to democratic way of life and values. 8. Live modest lives.

A prosecutor shall see to it that justice is done ralc2011

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Restrictions on the functions of public prosecutor  Public prosecutors should not allow giving the impression that their noble office is being used, wittingly or unwittingly, for political ends or other purposes alien to the basic objective of serving the interests of justice 30

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

evenhandedly, without fear or favor to any and all litigants, whether rich or poor, weak or strong, powerless or mighty.   

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It is his duty to refrain from improper methods calculated to produce a wrongful conviction. He should not offer as proof of the guilt of the accused which is illegally seized. Nor suppress facts or conceal witnesses capable of establishing the innocence of the accused. It is improper for a public prosecutor to: 1. Assist in the escape of a prisoner. 2. Institute a criminal action to force settlement of a case. 3. Agree to refrain from prosecuting a person in consideration of some reward. 4. Receive money for dismissing a complaint. 5. Induce an accused to plead guilty. 6. Willfully fail to prosecute violations of law. 7. Have a secret partner with whom he divides the attorney’s fees.

In appeals, the Solicitor General has control  GENERAL RULE: The Solicitor General shall represent the People in criminal actions brought to the Court of Appeals and the Supreme Court.  EXCEPTION: In all cases elevated to the Sandiganbayan and from there to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People. 9RA 8249)  EXCEPTION TO THE EXCEPTION: Cases filed pursuant to Executive Order Nos. 1, 2, 14, and 14-A issued in 1986. ralc2011

Role of the private prosecutor  GENERAL RULE: Where the civil action for recovery of civil liability is instituted in the criminal action, the offended party may intervene by counsel in the prosecution of the offense. (Rule 110, Sec. 16. Rules of Court)  EXCEPTIONS: Public prosecutor has direction and control of the prosecution: 1. Where from the nature of the crime and the law defining and punishing it, no civil liability arises in favor of a private offended party. 2. In cases where from the nature of the offense, the offended party is entitled to civil indemnity arising therefrom but he has: a. Waived the civil action or b. Expressly reserved the right to institute it separately from the criminal action. 

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The role of the private prosecutor in criminal actions is to represent the private offended party with respect to the civil action for the recovery of civil liability arising from the offense. His sole purpose is to enforce the civil liability and not to demand the punishment of the accused.

Intervention by private lawyer is subject to prosecutor’s control  The intervention of the private prosecutor in the criminal prosecution is always subject to the direction and control of the public prosecutor.  Public prosecutor is duty bound to take charge of the prosecution until its termination.  While he may allow the private prosecutor to actively handle the 31

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

conduct of the trial, his duty to direct and control requires that: 1. He must be present during the proceedings. 2. He must at any time, take over the conduct of the trial from the private prosecutor. 

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Where the prosecutor turned over the active conduct of the trial to the private prosecutor who presented testimonial evidence even when the public prosecutor was absent during the trial, the evidence presented could not be considered as valid evidence of the People of the Philippines. However, it applies only to courts which are provided by law with their own prosecutors, and not to Municipal Trial Courts which have no trial prosecutors. A private prosecutor taking over a criminal action cannot take a stand different from or opposed to that of the public prosecutor or cannot adopt a stand inconsistent with that of the Solicitor General, otherwise it would be tantamount to giving him the direction and control of the criminal proceedings, contrary to law and settled rules on the matter.

When the public prosecutor should take over handling of the case  A public prosecutor should not allow the trial in the hands of a private prosecutor to degenerate into a private prosecution.  The administration of criminal law should never be for the accomplishment of a private gain or advantage nor it be a vehicle of oppression for the gratification of private malice. A lawyer shall not use his public position to promote his private interest ralc2011

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Rule 6.02. A lawyer in 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.

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If the law allows a public official to practice law concurrently, he must not use his public position to feather his law practice. Neither should he accept any private legal business in which his duty to his client will or may conflict with his official duties, and if some unforeseen conflict with his official duties arises he should terminate his professional relationship.

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A public official should see to it that his private activity does not interfere with the discharge of his official functions. He should avoid all impropriety and the appearance of impropriety. Neither should he inferentially create a public image that he is utilizing his public position to advance his professional success or personal interest at the expense of the public.

RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees. Sec. 7(b). In addition to acts and omissions of public officials and employees not 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: 1. Own, control, manage or accept employment as officer employee, 32

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated, supervised or licensed by their office / unless expressly allowed by law; 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 3. Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. Former official may not accept certain employment  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. 

The restriction covers ―engagement and employment,‖ which means that he cannot accept any work or employment from anyone that will involve or relate to the matter in which he intervened as a public official, except on behalf of the body or authority which he served during his public employment.

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PCGG v. Sandiganbayan, 455 SCRA 526 (2005)): PCGG seeks to disqualify Atty. Estelito Mendoza as counsel for the Lucio Group of Companies in the suit involving the sequestration of shares of stock of the LGC as alleged ill-gotten wealth, on the ground that as former Solicitor General, he intervened in the matter of the liquidation of Genbank, which was subsequently purchased by LGC. ralc2011

The Court ruled that ATty Mendoza could not be disqualified from representing the LGC. The Court explained:  The key to unlock Rule 6.03 lies in comprehending. 1. The meaning of ―matter‖ referred to in the rules. 2. The metes and bounds of the ―intervention‖ made by the former government lawyer on the ―matter.‖  The American Bar Association, in its Formal Opinion 342, defined ―matter‖ as: o Any discrete, isolatable act as well as identifiable transaction and not merely an act of drafting, enforcing or interpreting government or agency procedures, regulations or laws, or briefing abstract principles of law.  The ―matter‖ or the act of Atty. Mendoza as Solicitor General is ―advising the Central Bank on how to proceed with Genbank’s liquidation is held not to be the ―matter‖ contemplated by Rule 6.03.  Clearly, ABA Formal Opinion 342 stresses that Atty. Mendoza’s acts did not fall within the scope of the term ―matter.‖  It is given that respondent Mendoza had nothing to do with the decision of the Central Bank to liquidate Genbank and did not even participate in the sale of Genbank to Allied Bank.  The ―matter‖ which he got himself involved was informing the Central bank on the procedure by law to liquidate Genbank.  It is not the same as the subject ―matter‖ of the civil case of sequestration of stocks owned by Tan in Allied Bank on the alleged ground that 33

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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they are ill-gotten. This case does not involve the liquidation of Genbank. Whether the shares of stock of Allied Bank are ill-gotten is far removed from the issue of the dissolution and liquidation of Genbank.

―Intervention‖ is interference that may affect the interest of and influence others. Intervention must not be insubstantial and insignificant. ―Substantial responsibility‖ is required by the prohibition. In interpreting Rule 6.03, the Court also cast a harsh eye on its use as a litigation tactic to harass opposing counsel as well as deprive his client of competent legal representation. In the case at bar, the new attempt to disqualify respondent Mendoza has long been a dead issue, resuscitated after the lapse of many years and only after PCGG has lost many legal incidents in the hands of the respondent. It is also submitted that the Court should apply Rule 6.03 in all its strictness for it correctly disfavors lawyers who ―switch sides‖ and intended to avoid conflict of loyalties. It is claimed that ―switching sides‖ carries the danger that former government employee may compromise confidential official information in the process. The act of respondent Mendoza in informing the Central Bank on the procedure how to liquidate Genbank is a different matter from the subject matter of Civil Case No. 0005 which is about sequestration of the shares of respondents Tan in Allied Bank. There is no switching sides for no two sides are involved. ralc2011

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

CHAPTER 4: THE LAWYER’S DUTIES TO THE LEGAL PROFESSION

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A. UPHOLDING INTEGRITY OF PROFESSION Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar. Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. Rule 7.02. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Generally  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.  Maintenance of a high standard of legal proficiency and fair dealing is a prerequisite to making the bar an effective instrument in the proper administration of justice. ralc2011

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It is necessary that lawyers strive to uphold the honor and maintain dignity of the profession and to improve the law and the administration of justice. The respect of the public to the legal profession is enhanced by the faithful performance of the lawyer’s duties to the court, to society, to his brethren in the profession, and to his client. Such respect is diminished whenever a member betrays the trust and confidence reposed in him by his client. Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the bar. Thus, every lawyer should act in a manner that would promote public confidence in the integrity of the profession. A lawyer should also involve in and actively support the activities of the IBP.

A person shall make no false statement in his application for admission to the bar  Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar.  Observance of the duties and responsibilities of a lawyer begins even as a law student. A student’s failure to live up to them may be a ground for SC to refuse admission to practice or for disbarment should SC learn later on about his/her transgressions.  A person seeking to be admitted to the bar must show that he has all the qualifications and none of the disqualifications prescribed by law. A lawyer shall not support unqualified applicant to the bar 35

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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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. A lawyer should not readily execute an affidavit of good moral character in favor of an applicant who has not live up to the standard set by law. He should volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination. This is to help guard the profession from candidates who are unfit or unqualified. He should expose without fear or favor before the SC corrupt or dishonest conduct in the profession and should not hesitate to accept professional employment against a lawyer who has wronged his client.

A lawyer shall always conduct himself ethically and morally  The best way a lawyer can uphold the integrity and dignity of the profession is not to engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (Rule 7.03.)  He should endeavor to conduct himself in such a way as to give credit to the legal profession and to inspire the confidence, respect, and trust of his clients and the community.  Acts which adversely reflect on the lawyer’s fitness to practice law, which justify suspension: 1. Gross immorality. 2. Conviction of a crime involving moral turpitude. 3. Fraudulent transactions.

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Gross immorality reflective of unfitness to practice  Acts of personal immorality in his private relation with the opposite sex.  Gross immorality of the act, not merely immorality, to justify suspension or disbarment.  Grossly Immoral Act 1. One that is so corrupt and false as to constitute a criminal act. 2. Unprincipled or disgraceful as to be reprehensible to a high degree.  Acts of gross immorality, justifying denial of application to take the lawyer’s oath or suspension or disbarment : 1. Living an adulterous life with a married woman. 2. Maintaining illicit relations with a niece. 3. Abandonment of his lawful wife to live with another woman. 4. Contracting marriage while first marriage still subsisting. 5. Seducing a woman to have carnal knowledge with her on the basis of misrepresentation that he is going to marry her, that he is single, or that they are already married upon signing a mere application for marriage license. 6. Carnal knowledge with a student by taking advantage of his position.  However, mere intimacy between man and woman either of whom possess no legal impediment to marry, voluntarily carried on and devoid of any deceit on the part of the lawyer, is not corrupt or unprincipled to warrant disciplinary action as member of the bar. Even if the relationship results in the woman giving birth to a child so long as he admits paternity and agrees to support the child. 36

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Cohabitation per se is not grossly immoral. o Whether a lawyer’s sexual congress with a woman not his wife should be characterized as grossly immoral will depend upon the surrounding circumstances. Even if the evidence is not sufficient to hold a lawyer liable for gross immorality, may nonetheless be reprimanded where such evidence shows failure on his part to comply with the rigorous standards of conduct.

Conviction of a crime involving moral turpitude  Moral turpitude: o Anything which is done contrary to justice, honesty, modesty, or good morals. o Any act of vileness, baseness, or depravity in the private and social duties a man owes his fellowmen or to society, contrary to the accepted rule of right and duty between man and woman. o In general, all crimes which fraud or deceit is an element.  Lawyers convicted of such crime are either suspended or disbarred.

4. Concealing in an information sheet required by law in connection with his employment the fact that he was charged with or convicted of a crime. 5. Borrowing money as a guardian for his benefit upon the ward’s property as collateral without the court’s approval. 6. Encashing a check payable to his deceased cousin by signing the latter’s name. 7. Falsifying a power of attorney and using it to collect the money due the principal and converting it to his benefit. 8. Misappropriating money belonging to his employer.

Commission of fraud or falsehood  Commission of such may badly reflect on his fitness to practice law.  He may be administratively disciplined.  Acts of misconduct calling for disciplinary actions: 1. Falsely stating in a deed of sale that the property is free from liens or encumbrances. 2. Knowingly taking part in a false and simulated transaction. 3. Making it appear that a vendor, long dead, executed a document of sale in his favor. ralc2011

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

B. LAWYER’S RELATION WITH OTHER LAWYERS Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive, offensive or otherwise improper. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Generally  Membership in the bar imposes upon lawyers certain obligations to one another.  What makes the practice of law a profession: o Observance of honorable, candid, and courteous dealings with other lawyers. o Fidelity to known and recognized customs and practices of the bar. Candor, fairness, and truthfulness should characterize relations  The Court reminds parties and counsels to:avoid further squabbles and unnecessary filing of administrative cases against each other.  Mutual bickering and unjustified recriminations between attorneys detract from the dignity of the legal ralc2011

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profession and will not receive sympathy from the Court. Duty of lawyer to restrain his client from improprieties and to terminate his relation with him if the latter persists in his wrongdoing. A lawyer should not use, to his or his client’s benefit, the secrets of the adverse party acquired through design or inadvertence. A lawyer who thinks a case is weak may not criticize the lawyer who accepts it, much less should he attribute to him evil motive for taking up the client’s cause. It is not, however, improper for a lawyer to accept employment to compel another lawyer to honor the just claim of a layman. His action toward such end, as writing a letter of demand to the lawyer, is not unethical since it is mere honest effort to serve the interest of the client.

A lawyer should use temperate language  Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive, offensive or otherwise improper.  His arguments, written or oral, should be gracious to both the court and the opposing counsel.  Should be of such words as may be properly addressed by one gentleman to another.  ―Do as adversaries do in law: strive mightily but eat and drink as friends.‖  Whatever may be the ill-feelings between the clients should not influence counsel in their conduct and demeanor toward each other.  They should scrupulously avoid all personalities and personal history or personal peculiarities and idiosyncrasies of the other. 38

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

A lawyer shall not encroach upon business of another  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.  A lawyer should not steal the other lawyer’s client nor induce the latter to retain him by promise of better service, good result or reduced fees for his services. Neither should he disparage another, make comparisons or publicize his talent as a means to further his law practice.  It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel.  He may accept employment to handle a matter previously handled by another lawyer, provided that the other lawyer has been given notice of termination of service. Without such notice, he shall only appear once he has obtained conformity or has, at the very least, given sufficient notice of contemplated substitution.  A lawyer’s appearance in the case without notice to the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel. Negotiation with opposite party  Canon 9 of the Canons of Professional Ethics provides that a ―lawyer shall not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but ralc2011

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should deal only with his counsel. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel, and he should not undertake to advise him as to the law.‖ A lawyer should not, in the absence of the adverse party’s counsel, interview the adverse party and question him as to the facts of the case even if the adverse party was willing to do so. Neither should he sanction the attempt of his client to settle a litigated matter with the adverse party without the consent nor knowledge of the latter’s counsel.

Association as a colleague in a case  A client’s proffer of assistance of additional counsel should not be regarded as evidence of want of confidence but the matter should be left to the determination of the client.  The 2nd lawyer should communicate with the 1st before making an appearance. Should the 1st lawyer object, he should decline association but if the 1st lawyer is relieved, he may come into the case.  When there is conflict of opinions between two lawyers jointly associated in a case, the client should decide. The decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event, it is his/her duty to ask client to relieve him/her. C. PREVENTING UNAUTHORIZED PRACTICE OF LAW

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: 1. 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 2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or 3. 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 profitsharing arrangement. Duty to prevent unauthorized practice of law  Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.  Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character.  The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct.  Purpose is to protect the public, the court, the client, and the bar from incompetence and dishonesty of those ralc2011

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unlicensed to practice law and not subject to the disciplinary control of the court. The law makes it a misbehavior on the part of the lawyer to aid a layman in the unauthorized practice of law. A person not admitted to the bar may not hold himself out to the public as engaged in the practice of law, either alone or as associated with a practicing attorney under a firm name. (US v. Ney (1907)) He may not form a partnership with a lay accountant to specialize in income tax work unless he ceases to hold himself out as a lawyer and strictly confine his activities to such as are open to lay accountants.

Intervention of intermediary not allowed  Prohibition on intermediary to intervene in the performance of lawyer’s professional obligations.  Lawyer’s relation to client is personal and responsibility is direct.  Intervention of lay agency between lawyer and the client is forbidden.  It is thus improper for a lawyer to accept employment from an automobile club which, in soliciting membership, offers free services of it legal department to members.  Employment should not include the rendering of legal services to members of such an organization in respect to their individual affairs.  A charitable society rendering aid to the indigent is not, however, an intermediary within the meaning of the rule. A lawyer shall not delegate legal work to non-lawyers  Rule 9.01. A lawyer shall not delegate to any unqualified person the 40

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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performance of any task which by law may only be performed by a member of the Bar in good standing. He should not delegate to a layman any work which involves the application of law, such as: 1. The computation and determination of the period within which to appeal and adverse judgment. 2. Examination of witnesses. 3. Presentation of evidence. Can employ secretaries, investigators, detectives, researches as long as they are not involved in the practice of law (e.g., not ―writing‖ pleadings, appearing in court, etc.)

A lawyer shall not divide fees with non-lawyers  Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law.  Exceptions: 1. 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. 2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer. 3. 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 profitsharing arrangement. 

The first two exceptions to the rule represent compensation for legal service rendered by the deceased lawyer during his lifetime, which is paid to his estate or heirs.

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The third exception to the rule does not involve, strictly speaking, a division of legal fees with non-lawyer employees. The retirement benefits in the form of pension represent additional deferred wages or compensation for past services of the employees Impropriety arises where the effect of the arrangement is to make the estate or heir a member of the partnership along with the surviving partners, or where the estate or heir is to receive a percentage of fees that may be paid from future business of the deceased lawyer’s clients. Such fees no longer represent compensation for past services of the deceased lawyer. An agreement between a union lawyer and a layman president of the union to divide equally the attorney’s fees that may be awarded in a labor case violates the rule.

D. SOLICITATION AND ADVERTISING A lawyer shall not solicit legal business  The law prohibits lawyers from soliciting cases for the purpose of gain, either personally, or through paid agents or brokers, and makes the act malpractice. (Rule 138, Sec. 27, Rules or Court)  Sec. 27. Attorneys removed or suspended by Supreme Court on what grounds. - A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilfull 41

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. Rule 2.03. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business. Among those that fall under the prohibition: 1. A lawyer who recommends employment of himself, his partner, associate, or member of his legal staff to a non-lawyer who has not sought his advice regarding employment of a lawyer. 2. A lawyer who compensates and gives anything of value to a person or organization to recommend or secure his employment of a client. 3. A lawyer who gives a reward for having made a recommendation resulting in his employment by a client.

A lawyer shall not charge lower rates to attract business  An unethical practice of indirect solicitation of legal business.  Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.  What the rule prohibits is the competition in the matter of charging professional fees for the purpose of attracting clients in favor of a lawyer with lower rates.  The rule does not prohibit the charging of a reduced fee or none at all, to an ralc2011

indigent or a person having difficulty paying the usual fee. A lawyer cannot advertise his talent; reasons therfor  General rule: A lawyer cannot advertise his talent as a shopkeeper advertises his wares.  Restriction originated from practices in the Inns of Court of England.  Young men studying to become barristers regarded the law as primarily a form of public service in which the gaining of a livelihood was but a secondary consideration.  A lawyer is a member of an honorable profession whose primary purpose is to render public service and help secure justice and in which remuneration is a mere incident.  To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public confidence and lessen its ability to render efficiently that high character of service to which every member of the bar is called.  If competitive advertising were permitted, the conscientious and ethical lawyers will unavoidably be at the mercy of the braggart. Proper or permissible advertising or solicitation  Not all advertising or solicitation are prohibited.  What makes solicitation improper is: 1. the employment of such methods as are incompatible with the traditional dignity of a lawyer and maintenance of correct professional standards or 2. the use of artificial means to augment the publicity that normally results from what a lawyer does. 42

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Best advertising for a lawyer: A wellmerited reputation for professional capacity and fidelity to trust. Good and efficient service to a client as well as to the community has a way of publicizing itself and catching public attention. That publicity is a normal by-product of effective service. A good and reputable lawyer needs no artificial stimulus to generate it and to magnify his success. EXCEPTIONS: 1. Those which are expressly allowed. 2. Those which are necessarily implied from the restrictions. 

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publication in reputable law list with brief biographical and other informative data which may include name, associates, address, phone numbers, branches of law practised, birthday, day admitted to the bar, schools and dates attended, degrees and distinctions, authorships, teaching positions, associations, legal fraternities and societies, references and regularly represented clients must be published for that purpose; an ordinary, simple professional card; publication of simple announcement of opening of law firm, change of firm; telephone directory (but not under designation of special branch of law); if acting as an associate (specialising in a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal); seeking a public office (which can be filled only by a lawyer);

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full time position as corporate counsel; if in media, those acts incidental to his practice (i.e., not his own initiative); write articles for publication giving information upon the law (and not individual rights or advising through column/ TV broadcast, lest such be considered indirect advertising); if entering into other businesses (which are not inconsistent with lawyer’s duties) then it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions.

Writing legal articles  An attorney ―may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights.‖ (Canon 40, Code of Professional Ethics)  A lawyer may properly write and sell for publication, articles of general nature on legal subjects in a law journal. 

What should be guarded against is the violation of the ethical principles concerning: 1. Improper advertising by a lawyer. 2. Giving of legal advice to one with whom no attorney-client relationship exists. 3. Aiding of a layman to engage in unauthorized practice of law.

Engaging in business or other occupation  It is not uncommon to see lawyers combining law practice with some other lawful occupation. 43

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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The fact that he is a lawyer does not preclude him from engaging in business. Impropriety arises when the nature and manner of business is inconsistent with the duties of the lawyer such as when it is used as a cloak for indirect solicitation on his behalf. It is necessary that the lawyer keeps any business in which he is engaged, entirely separate and apart from his practice. He shall make it clear to his client in what capacity he is acting. Businesses closely associated with the practice of law: o Collection agency. o Real estate brokerage. o Insurance agency. o Mortgage service. o Tax service and consultancy.

A lawyer shall make clear whether he is acting in another capacity  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.  The reason is that certain ethical considerations governing the attorneyclient relationship may be operative in one and not in the other. Lawyer shall not use false statement regarding his qualification or service  CANON 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts.  Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory, or unfair statement or claim ralc2011

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regarding his qualifications or legal services. 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. Similarly, he should not resort to indirect advertisements, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published.

CANON 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory, or unfair statement or claim regarding his qualifications or legal services. Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession and not a business. The lawyer may not sell or obtain employment himself or through others for to do so would be unprofessional. It is destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community and it results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7 Tagorda was suspended for soliciting business. Before Tagorda’s election to the provincial board of Isabela, he used a card offering services as an attorney and a notary public free. The card also stated that he was a candidate for the provincial board. After his election, he wrote a letter to the barrio lieutenant informing him that he would continue his practice as lawyer and asking that the lieutenant transmit this information to the barrio. Examples of improper advertising: o Distribution of a diary which has an attorney’s card printed in the cover. o Procuring a lawyer’s name to be written in an automobile insurance policy with direction to the insured to contact the attorney in case of accident.

A lawyer shall not use false or misleading firm name  Law partnership among lawyers for the general practice of law is common.  Such partnership is a mere association of lawyers for such purpose and is a non-legal entity. ralc2011

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It is not a business partnership under the Civil Code. No person should be admitted or held out as a member who is not a lawyer. 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. The reason for allowing the continued use of the name of a deceased partner is that all the partners, by their joint efforts over a period of time, contributed to the goodwill attached to the firm name, and this goodwill is disturbed by a change in firm name every time a partner dies. Filipino lawyers cannot practice law under the name of a foreign law firm, as the latter cannot practice law in the Philippines. The use of the foreign law firm in the country is unethical: o The respondent’s use of the firm name constitutes a representation that being associated with Baker and McKenzie they could ―render legal services to the highest quality to multinational business enterprises and others engaged in foreign trade and investment.‖ This is unethical because Baker & McKenzie is not authorized to practice law here. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))

A partner who accepts public office should withdraw from the firm; exception  Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped 45

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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from the firm name unless the law allows him to practice law concurrently. The purpose of the rule is to prevent the law firm from using his name to attract legal business and to avoid suspicion of undue influence.

A lawyer shall not seek media publicity  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.  Media publicity, as a normal by-product of efficient legal service, is not improper.  What is improper is for a lawyer to resort to propaganda to secure media publicity for the purpose of attracting legal business.  The purpose of the rule is to prevent some lawyers from gaining unfair advantage over others through the use of gimmickry. o Procuring his photograph to be published in connection with cases he is handling. o Making a courtroom scene to attract the attention of newspapermen. o Arranging for the purpose an interview with him by media people. E. THE INTEGRATED BAR OF THE PHILIPPINES Integration of the bar  The official unification of the entire lawyer population.  Requires membership and financial support of every attorney as a condition sine qua non to the practice of law.  Bar integration signifies the setting up by the government authority of a ralc2011

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national organization of the legal profession based on the recognition of the lawyer as an officer of the court. Integration fosters cohesion among lawyers and ensures the promotion of the objectives of the legal profession pursuant to the principle of maximum bar autonomy with minimum supervision by the Supreme Court.

Power to integrate the bar  The Constitution vests upon the Supreme Court the power to integrate the Philippine bar.  Such power is an inherent part of the Court’s constitutional authority over the bar.  ―Supreme Court may adopt rules of court to effect the integration of the Philippine Bar.‖ (RA 6397 AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR)  However, RA 6397 neither confers a new power nor restricts the Court’s inherent power but is a mere legislative declaration that the integration will promote public interest or will raise the standard of the legal profession.  January 16, 1973, Supreme Court ordained the integration of the Philippine Bar.  Presidential Decree 181 (CONSTITUTING THE INTEGRATED BAR OF THE PHILIPPINES INTO A BODY CORPORATE AND PROVIDING GOVERNMENT ASSISTANCE THERETO FOR THE ACCOMPLISHMENT OF ITS PURPOSES) constituted the Integrated Bar into a corporate body. Constitutionality of integration  Constitutionality hinges on the effects of bar integration on the lawyer’s constitutional rights of freedom of association and freedom of speech and 46

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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on the nature of the dues exacted from him. In upholding the constitutionality of integration, the Supreme Court quoted approvingly the report of the Commission on Bar Integration on the matter as follows: o Freedom of Association – ―To compel a lawyer to be a member of an integrated bar is not violative of his constitutional freedom to associate (or the corollary right not to associate).‖  ―Integration does not make a lawyer a member of any group of which he is not already a member. He became a member of the bar when he passed the bar exams. All that integration does is to provide an official national organization for the welldefined but unorganized and incohesive group of which every lawyer is already a member.‖  ―Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings.‖  ―The compulsion to which he is subjected is the payment of annual dues.‖  The issue, therefore, is a question of compelled financial support of group activities, not involuntary membership in any other aspect.  Assuming that bar integration does compel a lawyer to be a member, such compulsion is justified

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as an exercise of the police power of the State.  The inherent power of the Supreme Court to regulate the bar includes the authority to integrate the bar. o Regulatory fee – For the Court to prescribe dues does not mean that the Court levies a tax.  A membership fee is an exaction for regulation, while the purpose of a tax is revenue.  An integrated bar program would not be possible to push through without means to defray the concomitant expenses.  The public interest promoted by integration far outweighs the inconsequential inconvenience to a member that might result from his required payment of annual dues. o Freedom of Speech – ―A lawyer is free, as he has always been, to voice his views on any subject in any manner he wishes, even though such views be opposed to positions taken by the unified bar.‖  ―For the Integrated Bar to use a member’s dues to promote measures to which said member is opposed, would not nullify or adversely affect his freedom of speech.‖  ―Since a State may constitutionally condition the right to practice law upon membership, it is difficult to understand why 47

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

it should become unconstitutional for the bar to use the member’s dues to fulfill the very purposes for which it was established.‖ o Fair to all lawyers – ―Bar integration is not unfair to lawyers already practicing because although the requirement to pay dues is a new regulation. It will give the member a new system which they hitherto have not had, and through which, by proper work, they will receive benefits they have not hereto enjoyed. Because it will apply equally to all lawyers. Because it is a new regulation in exchange for new benefits, it is not retroactive, unequal, or unfair.‖ Purposes and objectives of the Integrated Bar  By-laws Integrated Bar Philippines  Sec. 2. Objectives and purposes. - The following are the general objectives of the Integrated bar: o to elevate the standards of the legal profession, o to improve the administration of justice; and o to enable the Bar to discharge its public responsibilities more effectively. o The purposes of the Integrated Bar include, without being limited to, those specified in the per curiam Resolution of the Supreme Court dated January 9, 1973 ordaining the integration of the Philippine Bar, to wit: 1. Assist in the administration of justice; ralc2011

2. Foster and maintain, on the part of its members, high ideals of integrity, learning, professional competence, public service and conduct; 3. Safeguard the professional interests of its members; 4. Cultivate among its members a spirit of cordiality and brotherhood; 5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar to the Bench and to the public, and publish information relating thereto; 6. Encourage and foster legal education; and 7. Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon. 

The purposes of an integrated Bar, in general, are: 1. Assist in the administration of justice; 2. Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct; 3. Safeguard the professional interests of its members; 4. Cultivate among its members a spirit of cordiality and brotherhood; 5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar to the 48

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Bench and to the public, and publish information relating thereto; 6. Encourage and foster legal education; 7. Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon; and 8. Enable the Bar to discharge its public responsibility effectively. 

Integration of the Bar will, among other things, make it possible for the legal profession to: 1. Render more effective assistance in maintaining the Rule of Law; 2. Protect lawyers and litigants against the abuse of tyrannical judges and prosecuting officers; 3. Discharge, fully and properly, its responsibility in the disciplining and/or removal of incompetent and unworthy judges and prosecuting officers; 4. Shield the judiciary, which traditionally cannot defend itself except within its own forum, from the assaults that politics and selfinterest may level at it, and assist it to maintain its integrity, impartiality and independence; 5. Have an effective voice in the selection of judges and prosecuting officers; 6. Prevent the unauthorized practice of law, and break up any monopoly of local practice maintained through influence or position; 7. Establish welfare funds for families of disabled and deceased lawyers; 8. Provide placement services, and establish legal aid offices and set up lawyer reference services throughout

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the country so that the poor may not lack competent legal service; 9. Distribute educational and informational materials that are difficult to obtain in many of our provinces; 10. Devise and maintain a program of continuing legal education for practising attorneys in order to elevate the standards of the profession throughout the country; 11. Enforce rigid ethical standards, and promulgate minimum fees schedules; 12. Create law centers and establish law libraries for legal research; 13. Conduct campaigns to educate the people on their legal rights and obligations, on the importance of preventive legal advice, and on the functions and duties of the Filipino lawyer; and 14. Generate and maintain pervasive and meaningful countrywide involvement of the lawyer population in the solution of the multifarious problems that afflict the nation. (In re Integration of the Bar of the Philippines) Non-political bar  By-laws Integrated Bar Philippines  Sec. 4. Non-political bar. - The Integrated Bar is strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or 49

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

employee of the Integrated Bar, or an officer or employee of any Chapter therof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof. 

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The election of IBP officers is required to be conducted on a non-political basis. Partisan politics may thus invalidate the elections. Partisan political activities of candidates for IBP positions, such as setting up campaign headquarters, island-hopping to solicit votes of chapter presidents, made a political circus of the proceedings and tainted the whole election process. The candidates violated the IBP by-laws and of the ethics of the legal profession.

Membership, resignation, retirement, and reinstatement  By-laws Integrated Bar Philippines o Sec. 18. Membership. - The following persons are, automatically and without exception members of the Integrated Bar of the Philippines: a. All lawyers whose names were in the Roll of Attorneys of the Supreme Court as of January 16, 1973; and b. All lawyers whose names were included or are entered therein after the said date. o Sec. 19. Registration. - Unless he has already previously registered, every member heretofore admitted to the ralc2011

practice of law shall, not later than December 31, 1974, register in the Integrated Bar as hereunder required, at the national office or at the office of his Chapter. Every person admitted to the practice of law after these bylaws become effective shall register in like manner not later than sixty days after such admission. Registration shall be accomplished by signing and filing in duplicate the prescribed registration form containing such information as may be required by the Board of Governors, including the following: a. Full name, sex and civil status; b. Month, date, year and place of birth; c. Office address(es); d. Residence address(es); e. Occupation(s) or employment; f. Name of law school and year of graduation; g. Year of admission to the Bar; and h. Field(s) of specialization in law, if any. It shall be the duty of the Secretary of every Chapter to promptly forward a copy of each accomplished registration form to the national office. o Sec. 20. Members in good standing. - Every member who has paid all membership dues and all authorized special 50

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

assessments, plus surcharges owing thereon, and who is not under suspension from the practice of law or from membership privileges, is a member in good standing. o Sec. 21. Voluntary termination of membership; reinstatement. - A member may terminate his membership by filing a verified notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys. Reinstatement may be made in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court. o Sec. 22. Retirement; reinstatement. - Any member in good standing who shall have attained the age of seventy-five years, or who shall have been forty years as lawyer shall, by reason of physical disability or judicially adjudged mental incapacity, be unable to engage in the practice of Law, may be retired from the Integrated Bar upon verified petition to the Board of Governors. Retired members shall not practice law or be required to pay dues. A retired member may be reinstated to active membership upon written application to and approval by the Board. ralc2011

Membership dues and effect of nonpayment thereof  Sec. 23. Membership dues. - On or before the 31st day of December, every member of the Integrated Bar shall pay annual dues for the ensuing fiscal year in the amount of FIVE HUNDRED PESOS at the National Office or at the office of his Chapter, to take effect on January 1, 1995. 

Subject to approval by the Supreme Court, the Board of Governors may increase the annual membership dues, or modify the apportionment thereof. All lawyers shall indicate in all pleadings, motions and papers signed and filed by them in any court in the Philippines - and in the case of government lawyers, in all official documents issued by them the number and date of their official receipt indicating payment of their annual membership dues to the Integrated Bar of the Philippines for the current year, or in the case of life members, their life membership roll number. (As amended pursuant to Bar Matter No. 668). Sec. 24. Effect of non-payment of dues. - Except for the fiscal year 1974- 1975, any member who has not paid his membership dues for any given fiscal year on or before the last day (June 30) of the immediately preceding fiscal year shall be considered as duesdelinquent members. For the fiscal year 1974-1975 any member who has not paid the annual dues on or before November 30, 1974 shall be considered a dues-delinquent. If the 51

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

delinquency continues until the following December 31, the Board of Governors shall by Resolution forthwith suspend all his membership privileges other than the practice of law. Sec. 25. Remission or lifting of sanctions. - The Board of Governors may, for justifiable reasons, remit or lift sanctions already imposed and authorize the retroactive reinstatement of the member concerned. However, sanctions imposed or approved by the Supreme Court may be remitted or lifted only by the Court. Organizational Setup  Sec. 47. National Officers. - The Integrated Bar of the Philippines shall have a President and Executive Vice President to be chosen by the Board of Governors from among nine (9) regional governors, as much as practicable, on a rotation basis. The governors shall be ex officio Vice President for their respective regions. There shall also be a Secretary and Treasurer of the Board of Governors to be appointed by the President with the consent of the Board. (As amended pursuant to Bar Matter 491).  The deliberative body is the House of Delegates.  Sec. 30. Composition of the House. - The Integrated Bar shall have a House of Delegates composed of not more than one hundred and twenty members apportioned among all the Chapters. On or before December 31, 1974, and every two years thereafter, the Board of Governors shall make a reappointment of Delegates among all the Chapters as nearly as may be according to the number of their ralc2011

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respective members, but each Chapter shall have at least one Delegate. At the local level are the Chapter officials. Sec. 26. Chapters. - A Chapter of the Integrated Bar shall be organized in every province existing on the date of the effectivity of the Integration Rule. Except as hereinbelow provided, every city shall be considered part of the province within which it was geographically situated prior to its creation as a city.

National officers  Sec. 50. Duties of officers. - (a) President: The President shall be the chief executive of the Integrated Bar, and shall preside at all meetings of the Board of Governors.  (b) Executive Vice President: The Executive Vice President shall exercise the powers and perform the functions and duties of the President during the absence or inability of the latter to act, and shall perform such other functions and duties as are assigned to him by the President and the Board of Governors.  (c) Governors: In addition to his duties as a member of the Board of Governors, each elective Governor shall act as representative of his Region in the Board. He shall promote, coordinate and correlate activities of the Chapters within his Region.  (d) Secretary: The Secretary shall attend all meetings of the Board of Governors, and keep a record of all the proceedings thereof; prepare and maintain a register of all members of the Integrated Bar; notify national officers as well as members of national committees of their election or appointments; 52

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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cause to be prepared the necessary official ballots for the election of Governors; and perform such other duties as are assigned to him by these By-Laws, by the President and by the Board of Governors. (e) Treasurer: The Treasurer shall collect, receive, recorder and disburse ad funds of the Integrated Bar; Sec. 49. Terms of office. - The President and the Executive Vice President shall hold office for a term of two years from July 1 following their election until June 30 of their second year in office and until their successors shall have been duly chosen and qualified.

Board of Governors  Sec. 39. Nomination and election of the Governors. - At least one (1) month before the national convention the delegates from each region shall elect the governor for their region, the choice of which shall as much as possible be rotated among the chapters in the region.  The Integrated bar is governed by a Board of Governors consisting 9 Governors from the 9 regions.  The President and the Executive Vice President, if chosen by the Governors from outside themselves, shall ipso facto become members of the board.  Sec. 38. Term of office. - The Governors shall hold office for a term of two years from July 1 immediately following their election to June 30 of their second year in office and until their successors shall have been duly chosen and qualified.  Sec. 41. Functions of the Board. The Board of Governors shall have general charge of the affairs and ralc2011

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activities of the Integrated Bar. It shall have authority, inter alia, to: Fix the date, time and place of every convention of the House of Delegates; Make appropriations and authorize disbursements from the funds of the Integrated Bar; Engage the services of employees, define their duties and fix their compensation; Receive, consider and act on reports and recommendations submitted by the House of Delegates or its committees; Provide for the publication of the Journal of the Integrated Bar; Administer the Welfare Fund; Fill vacancies, however arising in the positions of officers of the Integrated Bar; Subject to the approval of the Supreme Court, promulgate Canons of Professional Responsibility for all members of the Integrated Bar; Promulgate rules and regulations for the establishment and maintenance of lawyer referral services throughout the Philippines; Subject to the approval of the Supreme Court, impose special assessments for specific national purposes, and impose, or recommend sanctions for nonpayment or delinquency in the payment thereof; Prescribe such rules and regulations as may be necessary and proper to carry out the objectives and purposes of the Integrated Bar; and Perform such other functions as may be necessary or expedient in the interest of the Integrated Bar. In the discharge of its duties, the Board of Governors is assisted by national committees. o Committee on Chapter Affairs. 53

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

o Committee on Legal Aid. o Committee on Administration of Justice. o Committee on Legal Education and Bar Admissions. o Committee on Professional Responsibility, Discipline and Disbarment. o Committee on Research Services. o Committee on Legislation. o Committee on Public Services. o Committee on Inter-Professional and Business Relations. o Committee on Books and Publications. o Committee on Unauthorized Practice of Law. o Committee on Law Reporting. o Budget committee. House of Delegates  The deliberative body of the IBP is the House of delegates.  Sec. 30. Composition of the House. - The Integrated Bar shall have a House of Delegates composed of not more than one hundred and twenty members apportioned among all the Chapters. On or before December 31, 1974, and every two years thereafter, the Board of Governors shall make a reappointment of Delegates among all the Chapters as nearly as may be according to the number of their respective members, but each Chapter shall have at least one Delegate.  Sec. 31. Membership. The membership of the House of Delegates shall consist of all the Chapter Presidents and in the case of Chapters entitled to more than one Delegate each, the Vice Presidents of the Chapters and such additional Delegates as the Chapters are entitled to. Unless the Vice President is already a Delegate, he shall be an alternate ralc2011

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Delegate. Additional Delegates and alternates shall in proper cases be elected by the Board of Officers of the Chapter. Members of the Board of Governors who are not Delegates shall be members ex oficio of the House, without the right to vote. Sec. 34. Special convention. Special conventions of the House may be called by the Board of Governors motu proprio, or upon written petition therefor filed with the Secretary of the Integrated Bar signed by not less than thirty Delegates. Sec. 33. (b) The President and Executive Vice President of the IBP shall be the Chairman and Vice-Chairman, respectively, of the House of Delegates. The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by the President with the consent of the House of Delegates.

Chapter Government  The fundamental objective of the Chapter is to administer the affairs of the IBP within its territorial jurisdiction under the general direction and supervision of the Board of Governors.  Sec. 2. Objectives and purposes. The following are the general objectives of the Integrated bar: o to elevate the standards of the legal profession, o to improve the administration of justice; and o to enable the Bar to discharge its public responsibilities more effectively.  Each chapter has its own government.  The chapter government is vested in a Board of Officers composed of a President, a Vice-President, a Secretary, a Treasurer, and five Directors who shall be elected at the 54

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

biennial meeting and shall hold office for a term of 2 years.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

CHAPTER 5: LAWYER’S DUTIES TO COURTS A. LAWYER OWES CANDOR AND FAIRNESS TO THE COURTS

A lawyer should be candid and truthful to the court 

Canon 10. A Lawyer owes candor, fairness and good faith to the Court.

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He is an officer of the court exercising a privilege, which is indispensable in the administration of justice. If he were to act other than candidly, fairly, and truthfully, the administration of justice will suffer as a result thereby. Supreme Court aptly underscored reasons: o He is an officer of the court exercising privileges indispensable to the administration of justice. o Courts are entitled to expect only complete honesty from lawyers appearing before them. o Like the court itself, he is an instrument to advance its ends – the speedy, efficient, and impartial adjudication of cases. It is thus unprofessional to deal other than candidly with the facts in taking statements of witnesses, in drawing affidavits, and other documents, and in the presentation of causes. A lawyer, however, though an officer of the court, is not an umpire but an advocate. His personal belief in the soundness of his cause or of the authorities supporting it is irrelevant.

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Canon 10. A Lawyer owes candor, fairness and good faith to the Court. Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in Court, nor shall he mislead or allow the Court to be misled by an artifice.

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Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

Lawyer’s duties to court, generally  A lawyer is, first and foremost, an officer of the court.  His duties to the court are more significant than those which he owes to his client.  His first duty is not to his client but to the administration of justice.  Client’s success is wholly subordinate.  His conduct ought to be scrupulously observant of the law and ethics of the profession.  Should there be conflict between his duty to his client and that to the court, he should resolve such conflict in favor of the latter.  Primary responsibility being to uphold the cause of justice.

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A lawyer shall do no falsehood 

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 an artifice.

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He swore, upon his admission to the practice, that will do no falsehood and conduct himself according to the best of his knowledge and discretion with all good fidelity to the court and to his client; never to seek to mislead the 56

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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courts by an artifice or false statement of fact or law. The oat embodies the fundamental duties of a lawyer, which he must honor as there would be a great detriment to, if not a failure of, the administration of justice if courts could not rely on the representations of the lawyers in the handling of their cases. A lawyer should not conceal the truth from the court, nor mislead the court in any manner no matter how demanding his duties to his client may be. No client is entitled to receive from the lawyer any service involving dishonesty to the courts. A lawyers should neither endeavor by dishonest means to mislead the court or the adverse party nor make false allegations in a pleading. It is improper for counsel of the accused to ask him to plead guilty to an offense which counsel knows his client did not commit.

A lawyer should not misquote nor misrepresent 

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Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

A lawyer who deliberately made it appear that the quotations in his motion for reconsideration were findings of the Supreme Court, when they were just part of the memorandum of the Court Administrator, and who misspelled the name of the complainant and made the wrong citation of authority. In signing the Court’s decisions, it is the bounden duty of courts, judges, and

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lawyers to reproduce or copy the same word for word and punctuation mark by punctuation mark. Only from the Supreme Court’s rulings do all other courts, as well as lawyers and litigants, take their bearing. New Civil Code, Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Thus, ever present is the danger that if not faithfully and exactly quoted, the decisions and rulings of the Supreme Court may lose their proper and correct meaning, to the detriment of other courts, lawyers, and the public who may be misled. If inferior courts and members of the bar meticulously check and recheck their citations of authorities, appellate courts will be precluded from acting on misinformation and save precious time in finding out whether the citations are correct.

A lawyer shall not misuse rules of procedure  Rule 10.03. A lawyer shall observe the rules  

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of procedure and shall not misuse them to defeat the ends of justice.

Rules of procedure offer innumerable opportunities and means for delay and to defeat the ends of justice. Procedural rules are instruments in the speedy and efficient administration of justice. They should be used to achieve such end and not to derail it. Filing of multiple petitions constitutes abuse of the court’s processes. He should not use his knowledge of law as an instrument to harass a party. While a lawyer owes fidelity to the cause of his client, it should not be at the expense of truth and administration of justice. 57

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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A judicious study of the facts and the law should advise him when a case should not be filed, as it would only clutter the dockets.

B. OBSERVING AND MAINTAINING RESPECT DUE THE COURTS AND JUDICIAL OFFICERS Canon 11. A lawyer shall observe and maintain the respect due to the courts and judicial officers and should insist on similar conduct by others. Rule 11.01. A lawyer shall appear in court properly attired. Rule 11.02. A lawyer shall punctually appear at court hearings. Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.

Respect due the courts  Canon 11. A lawyer shall observe and

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maintain the respect due to the courts and judicial officers and should insist on similar conduct by others.

This canon should constantly remind lawyers that second only to the duty of maintaining allegiance to the Republic, and to support the Constitution, and obey the laws of the land, it is the duty of all attorneys to observe and maintain the respect due to the courts of justice and judicial officers.  Respect of courts helps build the high esteem and regard toward them, which is essential to the proper administration of justice. ralc2011

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A lawyer violates Canon 11 of the code when: o He threatens the judge with the filing of an administrative charge if his motion is not granted. o Berating the researcher of the court in his pleading is disrespectful to the court itself. o A lawyer who openly defied the temporary restraining order issued by the Court of Appeals.

Obeying court orders  Lawyers are particularly called upon to obey court orders and processes. They should stand foremost in complying with the court’s directives and instructions.  Disrespect to judicial incumbents is disrespect to that branch of the government to which they belong as well as to the State which has instituted the judicial system.  It may happen that counsel possesses greater knowledge of the law than the judge who presides. It may also happen that since no court claims infallibility, judges may grossly err in their decisions. Nevertheless, discipline and self-restraint on the part of the members of the bar even under these adverse conditions are necessary to the orderly administration of justice.  Obedience to lawful orders of the court is underscored by the fact that a willful disregard thereof may subject the lawyer not only to punishment for contempt but to disciplinary action as an officer of the court.  The word ―willful‖ conveys the idea of flagrant misconduct such as would indicate a disposition on the part of a lawyer so refractory in character as to affect his qualifications and standing for the further exercise of his profession. 58

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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A lawyer who gives a clearly unsatisfactory explanation as to why he failed to comply with a lawful order commits an act within the meaning of the term ―willful disobedience.‖

Defending judges from unjust criticism  It is the attorney’s duty as an officer of the court to defend a judge from unfounded criticism or groundless personal attack.  This requires of him not only to refrain from subjecting the judge to wild and groundless accusation but also to discourage other people from so doing.  By the very nature of his position as judge, he lacks the power, outside of his court, to defend himself against unfounded criticism and it is the attorney who can better more appropriately support the judiciary. A lawyer shall appear in proper attire 

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Rule 11.01. A lawyer shall appear in court properly attired.

Should be a Barong Tagalog or a coat and tie, either of which is the recognized formal attire in the country. Respect to the court must begin with the lawyer’s outward physical appearance in court. Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and solemnity of the court proceedings. If he dresses improperly, he may be cited for contempt.

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A lawyer shall abstain from offensive language or behavior  A lawyer’s language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession.  His arguments should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another.  The use of abusive language by counsel against the opposing counsel constitutes at the same time, a disrespect to the dignity of the court.  Rule 11.03. A lawyer shall abstain from 

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Lawyers shall be punctual  A lawyer shows respect to the court by appearing during the trial punctually and in proper attire.  He owes it to his client, to the court, and to the public. ralc2011

Inexcusable absence from, or repeated tardiness in attending a pre-trial or hearing may subject the lawyer to disciplinary action and may prejudice his client who may be declared in default.

scandalous, offensive or menacing language or behavior before the courts.

While he should so abstain from using such language, he may use strong language to drive home a point. He has the right to be assiduous and zealous in the prosecution or defense of the client’s cause. He should be courageous enough to point out errors, arbitrariness, and injustice of the courts and judges. The fear of provoking displeasure of the offended judges must not deter him from complying with this duty to object to illegal or erroneous judicial decisions. He should be allowed some latitude of remark or comment in the furtherance of the causes he upholds.

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It must never be forgotten that a lawyer pleads; he does not dictate. He should be courageous, fair, and circumspect, not petulant, combative, or bellicose in his dealings with the court.

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A lawyer should not assail, without basis, the personal integrity of a judge and accuse him of

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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misfeasance in an attempt to hide his own inadequacies and omissions to escape criticism of his client.

Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.

Disrespectful, abusive, and abrasive language, offensive personalities, unfounded accusations, or intemperate words tending to obstruct, embarrass, or influence the court have no place in a pleading. Neither does the mistake of a judge in some of his rulings warrant the use of offensive language. In championing the cause of his client, a lawyer should not resort to insulting or disparaging language amounting to disrespect toward the court.

A judge should be courteous to the lawyer to merit respect  The duty to observe and maintain respect is not a one-way duty from a lawyer to a judge. A judge should also be courteous to counsel, especially those who are young and inexperienced.

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A lawyer shall submit grievances to proper authorities  The duty to support the judge does not, however, preclude a lawyer from filing administrative complaints against erring judges.  Rule 11.05. A lawyer shall submit grievances 

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Upholding court’s authority and dignity  As an officer of the court, a

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lawyer should uphold the dignity and authority of the court and not promote distrust in the administration of justice (Canon 10). He should seek to preserve faith in the courts and help build and not destroy the high esteem and regard toward them. He should prevent anybody from harboring and encouraging discontent.

A lawyer shall not attribute to a judge improper motives  

A judge may commit errors, he may abuse his discretion in the resolution of issues before him. They do not, however, justify a lawyer to ―attribute to a Judge, motives not

supported by the record or have no materiality to the case.‖ (Rule 11.04).  

He should not make hasty accusation against the judge without any cogent and valid ground existing in the record. The rule allows criticism so long as it is supported by the record or is material to the case.

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His right to criticize the acts of courts and judges in a proper and respectful way and through legitimate channels is well recognized.

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against a Judge to the proper authorities only. That they be filed with the Supreme Court which has administrative supervision over all courts and the power to discipline judges of lower courts.

Constitution Article VIII Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. Constitution Article VIII Section 11. xxx The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. A lawyer may prefer charges against a judge only after proper circumspection and without the use of disrespectful language or offensive personalities. A lawyer may not file administrative complaints against judges until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. C. ASSISTING THE COURT IN SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with the original documents for comparison with the copies.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo Rule 12.02. A lawyer shall not file multiple actions arising from the same cause. Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so. Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes. Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial, while the witness is still under examination. Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: (a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.

Duty to assist in the administration of justice, generally  Being an officer of the court, he is an instrument to advance its ends – the speedy, efficient, impartial, correct, and inexpensive adjudication of cases and the prompt satisfaction of final judgments.  Canon 12. A lawyer shall exert every effort and 

consider it his duty to assist in the speedy and efficient administration of justice.

He is first and foremost an officer of the court. His duties to the court are more significant than those which he owes to his client.

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A lawyer should come adequately prepared 

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Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with the original documents for comparison with the copies.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. Canon 18 - A lawyer shall serve his client with competence and diligence. Without adequate preparation, the lawyer may not be able to effectively assist the court in the efficient administration of justice. Nonobservance of this rule might result in: 1. The postponement of the pre-trial or hearing, which would thus entail delay in the early disposition of the case, 2. The judge may consider the client nonsuited or in default or 3. The judge may consider the case deemed submitted for decision without client’s evidence, to his prejudice.

A lawyer shall not file multiple actions  Litigation must end and terminate sometime and somewhere.  Once a judgment has become final, the winning party be not deprived of that verdict.  For this reason, a lawyer should not file several actions arising from the same cause or seeking substantially identical reliefs as those that had already been finally disposed of.  A lawyer violates his oath when he prostitutes judicial process to secure for his client what is not justly and validly due him such as improper steps taken as a means of draining the resources of the proper party. A lawyer shall not resort to forum shopping  Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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He is prohibited from filing a petition with the Court of Appeals or the Regional Trial Court where a similar petition has been filed or pending with the Supreme Court, and vice versa. Section 5, Rule 7 of the Rules of Court: The plaintiff or principal party shall certify under oath in the complaining or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; b) if there is such other pending action or claim, a complete statement of the present status thereof; and c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing. The submission of false certification or non-compliance with any of the undertaking therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

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Forum shopping is the improper practice of going from one court to another in the hope of securing a favorable relief in one court which another court has denied or the filing of repetitious suits or proceedings in different courts concerning substantially the same subject matter.

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Duty to disclose pending case  Every party filing an initiatory pleading is required to swear under oath that he has not and will not commit forum shopping.  This requires disclosure of any pending case at the time the initiatory pleading is filed.  The fact that the initiatory pleading is not based on the same cause of action as the pending case is not a valid excuse for non-compliance with the disclosure requirement. Verification must be signed by the party, not his counsel; exception  The certification against forum shopping must be signed by the party himself as he has personal knowledge of the facts therein stated. It should not be executed by his counsel.  Exceptions: o Where there are two or more parties, all of them must sign the verification and non-forum certification, unless the one who signs, has been authorized to execute the same on behalf of the petitioner. o Where the joint parties are husband and wife involving their property, only the husband may sign the verification. o If the party is a juridical person (corporation, partnership), the certification must be executed by a corporate officer or agent duly authorized by its board of directors. o A non-forum certification executed by counsel of the party is fatally defective, unless the counsel certifies in the certification that he has personal knowledge of the facts therein stated and gives justifiable 62

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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reason why the party himself cannot sign. The reason is that only the party himself has actual knowledge of whether or not he has initiated similar actions in different courts or agencies.

Test to determine forum shopping  The test in determining is whether the elements of litis pendentia (a pending suit) are present or whether final judgment in one case will amount to res judicata in the other.  Res judicata – a doctrine which precludes parties from re-litigating issues actually litigated and determined by a prior and final judgment. It requires: o That there be a decision on the merits; By a court of competent jurisdiction; The decision is final; And the two actions involved identical parties, subject matter, and causes of action. If any one of these elements is absent, there is no forum shopping. There is forum shopping where there are identity of parties or interest, rights asserted, and reliefs sought in different tribunals. EXCEPTION: The filing of a civil case in court does not preclude the filing of a criminal action arising from the same set of facts on which the civil action is based, as the law allows it. There is no forum-shopping in such instances. o o o

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Rules of Court, Rule 111, Section 1: Institution of criminal and civil actions (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately, or institutes the civil action prior to the civil action. Section 3: When civil action may proceed independently. – In the cases provided in Articles 32, 33, 34, and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the

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offended party recover damages twice for the same act or omission charged in the criminal action. Sanctions for violation  Failure to file the certification against forum shopping is fatal to the complaint or petition.  Subsequent filing of the certification does not cure the fatal defect.  Rules of Court, Rule 7, Section 5, paragraph 2: Failure to comply with the foregoing requirement shall not be curable by mere amendment of the complaint or other initiatory pleading, but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for dismissal with prejudice and shall constitute direct contempt, as well as cause for administrative sanctions. Lawyer to temper client’s propensity to litigate  It is the duty of the lawyer to resist the

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whims and caprices of his client and to temper the client’s inclination to litigate. Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is not interposed for delay. This rule imposes upon a lawyer the affirmative duty to check useless litigations, willful violation of which may subject him to disciplinary action, or render him liable for costs of litigation. A litigant may seek his legal assistance for reasons other than to vindicate a legal wrong or other than to prosecute a valid cause. The purpose may either be: o To harass a party or injure the opposite party or work oppression or wrong. 63

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

To pre-empt the initiative of an honest claimant by filing the suit to delay the payment of a just claim. o To drain the resources of the poorer party by way of compelling him to submit out of sheer exhaustion. While a client may withhold facts from his counsel or give him false information to attain unlawful ends, a lawyer can easily see through the client’s action. When that purpose becomes evident, the lawyer should not allow himself to be a party to its realization or even withdraw from the case. o

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A lawyer shall not delay or impede the execution of judgment  Rule 12.04. A lawyer shall not unduly delay a  

A lawyer shall file his pleadings within the period 

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Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so.

Pressure of work or the need for more time to finish the job often constrains a lawyer to ask the court for an extension of time to file a pleading, memorandum, or brief. The lawyer’s failure to make an explanation constitutes discourtesy to the court. Where a lawyer’s motion for extension of time to file a pleading, memorandum or brief has remained unacted by the court, the least that is expected of him is to file it within the period asked for.

Duty to inform client’s death and change of counsel’s address  Rules of Court, Rule 3, Section 16: Death of party; duty of counsel: Whenever a party to a pending action dies, and the claim is not thereby distinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.  If no such notice is made, the court will

proceed to conclusion as if the party is

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alive and its decision is binding upon the heirs of the deceased client. Similarly, it is his duty to inform the court of any change of his address. Although his failure to do so will not prevent any notice sent to his address of record to be effective, his conduct may delay the disposition of the case and prejudice the interest of his client.

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case, impede the execution of a judgment or misuse court processes.

The law makes it the lawyer’s duty to delay no man for money or malice. Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is not interposed for delay. For where a lawyer insisted on the client’s patently unmeritorious case or interposed an appeal merely to delay litigation or thwart the prompt satisfaction of the prevailing party’s just and valid claim, the court may adjudge the lawyer liable to pay treble costs. Procedural rules are precisely designed to accomplish the purpose of rendering justice to the parties to a lawsuits free from the ―law’s delays.‖ A lawyer should use those rules for the purpose and not for its frustration. Litigation is not a game of technicalities in which one, more deeply schooled and skilled in the subtle art of movement and position, entraps and destroys the other. It is rather a contest in which each contending party fully and fairly lays before the court the facts in issue

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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and then asks that justice be done upon the merits. A lawyer should not hide behind a maze of technicalities to delay if not defect the recovery of what is justly due and demandable.

Lawyer to discourage appellate review  If a lawyer is honestly convinced of the futility of an appeal in a civil suit, he should not hesitate to inform his disappointed client that most likely the verdict would not be altered.  He should advise his client to accept the judgment of the trial court and thus accord respect to the just claim of the opposite party.  He should temper his client’s desire to seek appellate review of such decision.  Unless he could sufficient cause for reversal, he would only succeed in planting false hopes in his client’s mind, increase the burden on appellate tribunals, prolong litigation unnecessarily, and expose his client to useless expenses of suit.  It has also been held that the failure of counsel to file an appeal is negligent in the performance of his duties to his client. If the lawyer does not hear from the client, he should perfect an appeal within the period.

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Duty to always treat adverse witnesses with fairness and due consideration. Rules of Court, Rule 138, Section 20:

A lawyer shall avoid testifying for a client  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

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

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Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;

Rule 12.05 A lawyer shall refrain from talking to his witness during the break or recess in the trial, while the witness is still under examination.

A lawyer shall not assist a witness to misrepresent

While he may interview witnesses in advance of trial or attend to their needs if they have no adequate means of defraying their own expenses, the lawyer should avoid any such action as may be misinterpreted as an attempt to influence the witness as to what to say in court. A lawyer who presents a witness whom he knows will give a false testimony may be subjected to disciplinary action.

Lawyers shall not harass a witness

A lawyer shall not talk to a witness during recess 

Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

(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.

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The rule prohibits the practice of the lawyer taking the witness stand and asking questions to him and answering them as a witness. 65

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While the law does not disqualify a lawyer from being a witness and an advocate at the same time in a case, the practice is violative of the rule on professional conduct. It would also be improper for a lawyer to accept employment in a case where it would be his duty to attack the testimony to be given by his partner on behalf of the opposite side. The underlying reason for the impropriety of a lawyer acting in such dual capacity: o The function of a witness is to tell the facts. o The function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness. It is hard to disassociate his relation to his client as an attorney and his relation to the party as a witness.

A lawyer should rely on the merits of his case  CANON 13 - A lawyer shall rely upon the merits of

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Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.

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The unusual attention may subject both the judge and the lawyer to suspicion.

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The common practice of some lawyers making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike. A lawyer should not see a judge in chamber and talk to him about a case he is handling and pending in the judge’s court. A lawyer should not communicate to the judge the merits of a pending case.

A lawyer shall not publicly discuss pending cases  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.

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extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges.

o

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings.

Improper acts lessen the confidence of the public in the impartial administration of justice and should be avoided.

A lawyer shall not extend hospitality to a judge  Rule 13.01 - A lawyer shall not extend

D. AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE 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.

his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court.

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Newspaper publications by a lawyer concerning pending litigation may interfere with a fair trial and prejudice the impartial administration of justice. The restriction, however, does not prohibit issuance of statements made by public officials charged with the duty of prosecuting or defending actions in court. However, such statements should avoid any statement of fact likely to create an adverse attitude in the public mind. 66

LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Criticism of pending and concluded lititation  The right of a lawyer to comment on a pending litigation or to impugn the impartiality of a judge to decide it is much circumscribed.  What he can ordinarily say against a concluded litigation the manner the judge handed down the decision therein may not be generally said to a pending action.  The court, in a pending litigation, must be shielded from embarrassment or influence in its duty of deciding the case.  On the other hand, once a litigation is concluded, the judge is subject to the same criticism as any other public official. A lawyer enjoys wider latitude of comment or criticism.

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A lawyer is expected to consider it his duty to expose the shortcomings and indiscretions of courts and judges. In the prosecution of appeals, for example, he points out the errors of lower courts. In articles written for law journals, he dissects with detachment the doctrinal pronouncement of courts and fearlessly lays bare for all to see the flaws and inconsistencies of the doctrines.

A lawyer shall interference 

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not

invite

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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.

It endangers the independence of the judiciary.

Limitations on right to criticize  The right of a lawyer to comment is not unlimited. It is the cardinal condition of all such criticism that it shall be bona fide and shall not spell over the walls of decency and propriety.  Unfair criticism is a gross violation of the lawyer’s duty to respect the courts. Right and duty of lawyer to criticize the courts  The rule is not, however, intended to prevent criticism of the judicial acts. For the guarantees of free speech and free press include the right to criticize the judicial conduct.  Whether the law was wisely or badly enforced is a fit subject for proper comment.  If the people cannot criticize a judge the same as any other public official, public opinion will be effectively muzzled.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

CHAPTER 6: NATURE AND CREATION OF ATTORNEY-CLIENT RELATIONSHIP CANON 14. A lawyer shall not refuse his services to the needy. Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.03. A lawyer may 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 interests between him and the prospective client or between a present client and the prospective client. Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. A. NATURE OF RELATION Nature of client relationship, generally  Historically, the nature of lawyer-client relationship is premised on the Roman Law concepts of location conduction operarum (contract of lease of services) and mandato (contract of agency)  In modern day, an attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client.

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The lawyer is also as independent as a judge, with powers entirely different from and superior to those of an ordinary agent. Moreover, he is an officer of the court. The relation of attorney and client is strictly personal and highly confidential. Its creation breathes life to the rules and ethics of the legal profession and requires of an attorney who accepts a retainer a high standard of conduct and an appreciation of his duties to his client, to the court, to the bar, and to the public.

Relation as strictly personal  The relationship involves mutual trust and confidence to the highest degree.  The personal character of the relation prohibits its delegation in favor of another attorney without the client’s consent.  What may not be delegated: The relationship itself.  It also terminates upon the death of either the client or the attorney.  The deceased attorney’s personal representative has no right to assign pending cases to a counsel of his choice. Such matter is for the client to decide.  A client can terminate the relationship at any time with or without cause.  An attorney, however, being an officer of the court, enjoys no similar right. He may be permitted to withdraw from the case only with the consent of the client or that of the court.  Only a proper sense of detachment will enable the attorney to adequately serve the interest of his client.  The personal relation does not require an attorney to adopt as his own, the troubles of his client for he is likely to lose his composure and equanimity.  It is advisable for a lawyer who is a party litigant not to appear for himself or for a close relative.  His personal involvement may blur his sense of duty and purpose and affect his performance, to his or the client’s detriment.  In that situation, he should ask another lawyer who can act with more detachment and less emotional involvement to undertake the active prosecution or defense of the case. Relation as fiduciary and confidential

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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The relation is highly fiduciary in nature and of a very delicate, exacting, and confidential character. It demands undivided allegiance, a high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity, and absolute integrity in all his dealings with his clients and utter renunciation of every personal advantage conflicting with the interest of his client. His responsibilities to his client should, however, be reconciled with his duties to the court. Each of them requires fidelity and loyalty in varying degrees within limits. Deviation from such limits may invite the exercise of disciplinary power by the court.

Rules protective of relation  The preservation and protection of that relation will encourage a client to entrust his legal problems to an attorney, which is of paramount importance to the administration of justice.  Rules promulgated, in the nature of injunctions peculiarly addressed to an attorney: 1. To exert his best effort and learning in the protection of the interest of his client; 2. To promptly account for any fund or property entrusted by or received for his client; 3. Not to purchase or acquire, any property or interest of is client in litigation; 4. To forever keep inviolate his client’s secrets or confidence, and not to abuse them; 5. Not to represent a party whose interest is adverse to that of his client even after the termination of the relation.  The Supreme Court requires strict obedience to those rules and subjects the attorney to discipline and administrative liability for inexcusable breach thereof to protect the public, the court, and the client from dishonesty and incompetence of unfaithful lawyers. B. RETAINER OR EMPLOYMENT Concept of term “retainer”

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The term “retainer” may refer to either of 2 concepts: 1. The act of the client engaging the services of an attorney to render legal advice or defend or prosecute his cause in court. a. General Retainer – its purpose is to secure beforehand, the services of an attorney for any legal problem that may afterward arise. b. Special Retainer – has reference to a particular case or service only. 2. The retaining fee which a client pays to an attorney when the latter is retained. o It is a preliminary fee paid to insure and secure his future services. o To remunerate him for being deprived of the opportunity of rendering services to the other party by being retained by one party. o It is apart from what the client has agreed to pay for the services which he has retained him to perform. Its purpose: To prevent undue hardship on the part of the attorney based on the rule forbidding him from acting as counsel for the other party after he has been retained by or has given professional advice to the opposite party.

Necessity of retainer  An attorney has no power to act as counsel or legal representative for a person without being retained.  He may not appear in court for a party without being employed, unless by leave of court.  Rules of Court, Rule 138, Sec. 21. …. An attorney willfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.  Neither the purported client nor the adverse party may be bound by his appearance unless

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

the former ratifies or is stopped to deny the assumed authority. Sufficiency of professional employment  The essential feature of the relation is the fact of employment.  While a written agreement for professional services is the best evidence to show the relation, formality is not an indispensable element of the employment of an attorney.  It is not necessary that a retainer should have been paid, promised, or charged.  Nor is it material that the attorney who was consulted does not afterward undertake the case.  The absence of a written contract will not preclude a finding that there is a professional relationship.  The contract may be express or implied.  An acceptance is implied when the attorney acts in pursuance of a request.  There is an implied contract of professional employment where an attorney appears on behalf of a party without the latter interposing any objection to it.  To establish professional relation, it is sufficient that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession.  If a person consults with an attorney in his professional capacity with the view of obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation as when he listens and gives advice, the professional employment is regarded as established.  Circumstances which do not establish an attorney client relationship: o That an attorney for buyer wrote letters to tenants giving them a period to exercise their preferential right to buy the land, that he prepared the deed of sale in favor of the buyer, and that he charged the seller the fees for such services do not make the attorney the counsel for the seller as those matters were wrapped up in the sale, and could have been done as counsel for the buyer in the furtherance of the latter’s interests. o By helping an appellant perfect his appeal but without entering his appearance or signing a pleading.

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o 

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Signing a pleading for and on behalf of another counsel of record.

In the absence of a written retainer, the establishment of the attorney-client relationship depends upon the circumstances of the case. The employment or authority to employ an attorney need not be proved in writing; such fact could be inferred from circumstantial evidence. The moment complainant approached the then receptive respondent to seek legal advice, a veritable lawyer-client relationship evolved between the two. Such relationship imposes upon the lawyer certain restrictions circumscribed by the ethics of the profession. To keep inviolate, confidential information acquired or revealed during legal consultations. The fact that one is not inclined to handle the client’s case, at the end of the day, is hardly of consequence. Of little moment is the fact that no formal professional engagement follows the consultation. (Hadjula vs Madianda)

Employment of law firm  The employment of a law firm is equivalent to the retainer of the member even though only one of them is consulted.  Conversely, the employment of one member is generally considered as employment of the law firm.  When a client employs the services of a law firm, he employs the entire law firm and not the lawyer assigned to personally handle the case.  In the event that the counsel appearing for the client resigns or dies, the firm is bound to provide a replacement.  Reason for the rule: Information obtained from a client by a member of the law firm is information imparted on the firm.  The member acts in the name and interest of the firm.  Death of the member does not extinguish the lawyer-client relationship. The responsibility to continue representation devolves upon the remaining lawyers of the firm until they have withdrawn from the case. Who can employ an attorney

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Generally, any person who has the legal capacity to contract can employ an attorney. A person suffering from some legal disability cannot retain a lawyer to appear for him in court. Only a general guardian ad litem has the authority to employ an attorney to represent a minor or incompetent. However, the appearance of a lawyer as authorized by a relative of the minor or incompetent is intrusive and will have no effect, except to show the attorney’s good faith in appearing in court. An agent clothed by his principal with the power to deal with the principals’ property or interest has the authority to engage the services of an attorney as counsel for the principal. The agent’s authority to employ an attorney for his principal need not be in writing. It may be inferred from circumstantial evidence. General Rule: A wife has the authority to engage the services of counsel even without her husband’s consent in any of the instances where she may prosecute or defend an action without the necessity of joining her husband as a party litigant. o Exception: She cannot, however, bind the conjugal partnership for the payment of the fees of her lawyer without the husband’s authority. o Exception to the exception: In a suit between her and her husband, which she is compelled to institute or resist to protect her rights. General Rule: In a corporation, only the board of directors has the authority to employ an attorney to sue or defend an action for the corporation as the power to sue and be sued is lodged in them. o Exceptions:  Such power to employ an attorney may be delegated in favor of any of its corporate officers, expressly or impliedly.  A single stockholder may institute a derivative suit on behalf of a corporation and employ an attorney for that purpose.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

C. ETHICAL NORMS AND RESTRICTIONS Canon 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. Rule 15.01. A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. Rule 15.03. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Rule 15.04. A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 15.05. A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understanding the prospects of the case. Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Rule 15.07. A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 15.08. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting Generally  A lawyer may only be as successful in the practice as he has enough paying clientele.

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Without clients, a lawyer may not be able to make a name as a practitioner though how talented he may be. On the other hand, a lawyer cannot just accept any case nor can he employ business methods to solicit professional employment or to advertise his talent and skill to attract prospective clients.

Lawyer shall ascertain possible conflict of interests  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.  It is the duty of a lawyer to disclose and explain to a prospective client all circumstances of his relations to the parties, and any interest in connection with the controversy, which in his honest judgment, might influence the client in the selection of a counsel.  The disclosure is more for the protection of the lawyer than that of the client.  If a lawyer conceals the fact that the adverse party used to be his client, the new client may have reason to suspect, in case of an unfavorable judgment, that the circumstance prevented him from the full discharge of his duty.  Concealment of facts material to employment may cause his client to lose confidence in him. Duty to decline employment  A lawyer should decline professional employment even though how attractive the fee may be if its acceptance will involve a violation of any of the rules of the legal profession.  After giving advice to a plaintiff concerning a claim, the lawyer may not thereafter accept retainer from the defendant to defeat that claim.  He may not accept employment from another in a matter adversely affecting any interest of his former client with respect to which, confidence has been reposed.  Nor may he handle a case to nullify a contract which he prepared.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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He should not accept employment as an advocate in any matter in which he had intervened while in the government service. This canonical injunction is based upon the necessity that professional integrity and public confidence in that integrity be maintained. He may not accept employment from an organization to render legal services to members thereof concerning questions submitted by the members, the answers to which are printed for circulation. He may not accept employment as a columnist to answer inquiries for advice as to individual rights through the medium of a newspaper column. Nor may he accept employment from a collection agency which solicits business to collect its claims. EXCEPTIONS: Rule 14.03. A lawyer may refuse to accept representation of an indigent client if: o He is not in a position to carry out the work effectively or competently; o He labors under a conflict of interests between him and the prospective client or between a present client and the prospective client.

A lawyer shall preserve the secrets of a prospective client  Rule 15.02. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client.  Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communications even if the prospective client does not thereafter retain the lawyer or the lawyer declines the employment.  Reason: To make the prospective client discuss freely whatever he wishes with the lawyer without fear that what he discloses will not be divulged nor used against him and for the lawyer to be equally free to obtain information from such prospective client. Ethical considerations in taking a bad case  “How can a lawyer take a case which he does not believe in?”  The classical answer to the question is the familiar dialogue ―Boswell: But what do you think of supporting a cause which you know

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to be bad? Johnson: Sir, you do not know it to be good or bad till the judge determines it..

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It is his business to judge; and you are not to be confident in your opinion that a cause is bad, but to say all you can for your client.‖ A lawyer certainly knows whether a case is good or bad because it is not only his function but his duty to find out. In a criminal action, it is the ―right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise, innocent persons, victims only of suspicious circumstances, might be denied proper defense.‖ It is improper for a lawyer to assert in argument his personal belief in his client’s innocence or in the justice of his cause. In a civil action, the rules and ethics of the profession enjoin a lawyer from taking a bad case. o Firstly, the signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay.

o

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Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplinary action. (Rule 7, Section 3, Rules of Court) Secondly, it is the duty of an attorney: To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (Rule 138, Section 20 (c), Rules of Court) Thirdly, it is the duty of an attorney: Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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or interest; (Rule 138, Section 20 (g), Rules of Court) o Finally, he ―must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or injure the opposite party or to work oppression or wrong.‖ If a lawyer were to take a bad civil suit against a defendant, it will either be to exert his best efforts toward a compromise or, if unsuccessful, to advice his client to confess judgment. The reason why laymen often ask the ethical question – how can a lawyer take a case which he does not believe in? – is due partly to unfamiliarity with the rules and ethics of the legal profession and partly to a lack of appreciation of the rights of an accused.

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The primary task of a lawyer, as an advocate, is to represent a party litigant in court, either as counsel for plaintiff or for defendant, or as a public prosecutor or as defense counsel. 1. General Rule: A private practitioner is not obligated to act as counsel for any person who may wish to become his client. He has the right to decline employment. 2. Exception: Public prosecutor who cannot choose cases to prosecute.

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Canon 14: Duty of a lawyer to accept employment insofar as the needy and poor are concerned. Refusal to accept being made the exception. Two reasons: 1. The poor and the needy need most the services of a lawyer but hesitate to secure such because they cannot afford to pay or fear refusal for their inability to compensate the lawyer. 2. IBP objective to make legal services available for those who need them. Requires a lawyer should not lightly decline employment.

D. LAWYER MAY NOT REFUSE HIS SERVICES CANON 14. A lawyer shall not refuse his services to the needy. Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.03. A lawyer may 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 interests between him and the prospective client or between a present client and the prospective client.

A lawyer shall not decline to represent unpopular clients  Rule 138, sec. 20 (h-i). Duties of attorneys.— It is the duty of an attorney: (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed.  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. 

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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.

 Lawyer as advocate, generally

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Regardless of his personal feelings, a lawyer should not decline representation just because a client or a cause is unpopular or community reaction is adverse. History is replete with instances of distinguished and sacrificial services by lawyers who had represented unpopular clients and causes, and received accolade for such services from peers in the bar. It is his duty not to decline to represent the accused regardless of his opinion as to his guilt.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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The law presumes the accused innocent, and entitled to acquittal unless his guilt is proved beyond reasonable doubt. If the rule were otherwise, innocent persons, victims of suspicious circumstances, might be denied proper defense.

A lawyer shall not decline appointment by the court or by the IBP  The relation of attorney and client may be created not only by voluntary agreement but also by appointment as counsel de oficio for a poor or indigent litigant.  Rule 138, sec. 31 Attorney’s for destitute litigants.—A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown.  In a criminal action, the court may appoint a counsel de oficio in the following instances: 1. Duty of court to inform accused of his right to counsel.—Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed counsel of his choice, the court must assign a counsel de oficio to defend him. (Rule 116, Sec. 6, Rules of Court) 2. It shall be the duty of the clerk of the trial court, upon filing a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Regional Trial Court, Court of Appeals, or the Supreme Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be prepared by the clerk of court of the appellate court, a certification of compliance with this duty and the response of the appellant to his inquiry. (Rule 122, Sec. 13, Rules of Court)

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3. Appointment of counsel de oficio for the accused.—If it appears from the record of the case transmitted that a. the accused is confined in prison, b. is without counsel de parte on appeal, or c. Has signed the notice of appeal himself, the clerk of court of the CA shall designate a counsel de oficio. An appellant who is not confined in prison may, upon request, be assigned a counsel de oficio within the 10 days from receipt of the notice to file brief and he establishes his right thereto by affidavit. (Rule 124, Sec. 2, Rules of Court) 

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The court may not assign a counsel de oficio to defend an accused when he previously manifested his desire to secure the services of a counsel de parte. If the court does so, it violates the defendant’s right to counsel, and his conviction may be set aside on that ground. If a counsel de oficio is appointed, he must protest such appointment. Where a counsel de oficio has been assigned to an accused and such counsel has acted without objection from the accused, the conviction cannot be set aside on the sole ground that said counsel was not the choice of the accused.

Frequent appointment of same counsel discouraged  The burden of regular practice and the possibility of compensation as counsel de oficio as a regular source of income should caution a court from frequently appointing the same lawyer.  The overburdened counsel may have too little time to spare for his de oficio cases or may be eager to finish such cases to be able to collect his fees within the earliest possible time.  The accused stands to suffer, denied effective assistance. A lawyer may refuse to represent indigent on valid grounds  GENERAL RULE: A lawyer is not obliged to act as counsel for any person who may wish to

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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become his client. He has the right to decline employment. EXCEPTIONS: 1. A lawyer shall not refuse his services to the needy or indigent. 2. He 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. (Canon 14, Rule 14.01) 3. If there is serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. (Canon 14, Rule 14.02)

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Amount of attorney’s fees or client’s financial capability to pay should not serve as a test to determine the extent of the lawyer’s devotion to his client’s cause.

A government lawyer called upon to represent the government, any agency, or any officer in his official capacity either as plaintiff or defendant in a case, may not generally decline the assignment. o Exception: He is disqualified to act as counsel. The Solicitor General is the principal law officer and legal defender of the Government. o Has discretion in choosing whether to prosecute or not, or to abandon a prosecution already started. o To take a position adverse to the people of the Philippines in a criminal case or to that of a government agency or official when he believes that justice will be served by taking a different stand. o But cannot refrain from performing his duty as lawyer of the government. o Mandamus will lie to compel him to perform if refusal is based on flimsy grounds.

A lawyer shall observe the same standard for all clients  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.  The purpose of the legal profession is to render public service and secure justice for those who seek its aid.  The gaining of a livelihood is only a secondary consideration.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

CHAPTER 7 – LAWYER’S DUTIES IN HANDLING CLIENT’S CAUSE Canon 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. Rule 15.01. A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02. A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. Rule 15.03. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

A. ENTIRE DEVOTION WITHIN THE LAW Generally  No lawyer is obliged to act as advocate for every person who may wish to secure his services. He has the right to decline employment.  No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty.  In the judicial forum, the client is entitled to the benefit of any and every remedy and defense that is authorized by law, and he may expect his lawyer to assert every such remedy or defense. 

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Rule 15.04. A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 15.05. A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understanding the prospects of the case.

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Every case a lawyer accepts deserves his full attention, diligence, skill, and competence regardless of its importance and whether he accepts it for a fee or free. Certainly, a member of the Bar who is worth his title cannot afford to practice the profession in a lackadaisical fashion. A lawyer’s lethargy is both unprofessional and unethical (Jardin v. Atty. Villar)

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The court as guardian of the legal profession expects a lawyer to employ all the energies at his command. It demands of him the most scrupulous performance of his duty. Negligence thereof will cause delay in the administration of justice or prejudice the litigant’s rights.

Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Rule 15.07. A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 15.08. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

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Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence, and champion the latter’s cause with whole-hearted fidelity, care, and devotion. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar, and helps maintain the respect of the community to the legal profession. (Aromin v. Atty. Boncavil)

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Public interest requires that an attorney exert his best efforts in the prosecution or defense of his client’s cause.

A lawyer shall perform duty within the law  Rule 15.07. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.  Duties of attorneys. - It is the duty of an attorney: (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. (Rule 138, Sec. 20, Rules of Court)  Duty to secure for the client, through honorable means, only what is justly due him. 

A lawyer is required to represent his client within the bounds of the law. The CPR enjoins him to employ only fair and honest means to attain the lawful objectives of his client and warns him not to allow his client to dictate procedure in handling the case. He may use arguable construction of the law or rules which are favorable to his client. But he is not allowed to knowingly advance a claim or defense that is unwarranted under existing law.

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The trust confided to an attorney must be performed within the bounds of law. His office does not permit violation of law or any manner of fraud or chicanery. He swore, upon his admission to the practice, to uphold the cause of justice, obey the law, and do no falsehood.

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There is nothing in the duty to a client which makes it necessary for a lawyer to swear to that which is false, to disregard the truth and defy the clear purpose of the law, or to obtain for his client something to which he is not justly and fairly entitled. To permit lawyers to resort to unscrupulous practices for the protection of the supposed rights of their clients is to defeat the administration of justice. When rendering any improper service or advice, the lawyer invites stern and just condemnation. He must also observe and advise his client to observe the statute law, though until a

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statute shall have been construed and interpreted by competent jurisdiction, he is free and is entitled to advice as to its validity and as to what he conscientiously believes to its just meaning and extent. 

But above all a lawyer will find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.

A lawyer shall give candid advice on merits of case  A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon.  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 understanding the prospects of the case.  It is incumbent upon a lawyer to give his client an honest opinion on the probable results of the case, with the end vie of promoting respect for the law and legal processes. 

As officers of the court, counsels are under obligation to advice their clients against making untenable and inconsistent claims.

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If a lawyer finds his client’s contemplated civil suit totally devoid of merit or wholly defenseless, he should inform his client and dissuade him from filing or to compromise rather than traverse the incontrovertible. If, on the other hand, he finds that his client’s cause is fairly meritorious and ripe for judicial adjudication, he should refrain from making bold and confident assurances of success. Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, through mistakes and errors of courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients,

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

especially where the employment depend upon such assurance.

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Duty to comply with client’s lawful request  A lawyer should endeavor to seek instruction from his client on any substantial matter concerning the litigation, which may require decision on the part of the client, such as whether to compromise the case or to appeal an unfavorable judgment.  He should give his client sound advice on any similar matters and comply with the client’s lawful instructions.  He should resist and should never follow any unlawful instruction of his client.  In matters of law, it is the client who should yield to the lawyer.  Rule 19.03. A lawyer shall not allow his client to dictate the procedure in handling the case.  He should not act like an errand boy at the beck and call of his client, ready and eager to do his bidding.  He must obey his own conscience and not that of his client. 

The responsibility for advising as to questionable defenses is the lawyer's responsibility. He cannot escape it but urging as an excuse that he is only following his client's instructions.

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A lawyer who files a pleading which contains contemptuous allegations cannot evade responsibility by saying that he is merely the ―mouthpiece‖ of his client and that his client verified the same.

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He is not just an instrument of his client. While he owes devotion to him, he cannot overstep the bounds set by his responsibility as a lawyer. For his duty to the court is not secondary to that of his client.

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As to incidental matters pending trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to

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trial when he is under affliction or bereavement; forcing the trial on a particular day to the injury of the opposite lawyer when no harm will result from a trial at different time; agreeing to an extension of time for signing a bill of exceptions, cross interrogatories and the like 

No client has a right to demand that his counsel shall be illiberal, or that he does anything therein repugnant to his own sense of honor and propriety.

Duty to restrain client from impropriety  A lawyer should use his best efforts to restrain and to prevent his clients from doing those things which the lawyer himself ought not to do, particularly with reference to their conduct towards courts, judicial officers, jurors, witnesses and suitors. If a client persists in such wrongdoings the lawyer should terminate their relation. A lawyer shall not undertake influencepeddling  Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.  Influence peddling is highly unethical and may constitute violation of the Anti-Graft and Corrupt practices Act.

B. EMPLOYMENT OF HONORABLE MEANS Duty to employ honorable means only  Rule 19.01. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.  Rule 138, Sec. 20(d). Duties of attorneys.— It is the duty of an attorney: (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial

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officer by an artifice or false statement of fact or law. (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; It is improper for a lawyer to assert in argument his personal belief in his client's innocence or in the justice of his cause. 1. The lawyer’s personal belief has no real bearing on the case. 2. If expression of belief were permitted, it would give improper advantage to the older and better known lawyer whose opinion would carry more weight. 3. If such were permitted, omission to make such assertion might be taken as an admission of the lack of belief in the soundness of his client’s cause.

Prosecuting or defending matrimonial cases  Civil Code, Art. 52. Marriage is not a mere contract but an inviolable social institution.  Civil Code, Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.  Civil Code, Art. 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of judgment.  Art. 222. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made.

Technical defense  Some defenses, when employed to defeat clearly valid claims, may raise questions of propriety.  Some hold the view that the defenses of infancy or lack of capacity to be sued, statute of frauds, and statute of limitations may not, in the absence of some other defense, be properly raised to frustrate honest and just demands.  Much can be said against the soundness of that view.  The fact that those defenses have been provided by law shows that a litigant may avail of them and his counsel may assert and make them effective.  The statute of fraud is designed to prevent fraud and the law denies relief to a party who sleeps on his rights.

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The negative defense of lack of knowledge or information as permitted by the rules must be availed of with sincerity and in good faith. It must not be employed to delay the litigation.

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In annulment and legal separation proceedings, the circumstance that the State is vitally interested in the maintenance of the marriage relation does not make improper the lawyer’s appearance in securing for his client what is due him under the law. What is unethical is the lawyer’s participation in any collusion between the parties such as: o By encouraging the commission of a matrimonial offense. o Fabricating evidence of such offense not actually committed. o Suppressing evidence of a valid defense. A lawyer should also avoid any act which may raise suspicion of collusion. A lawyer should always incline the scale of his decision in favor of that solution which will serve best all his loyalties, by declining the professional employment or terminating a professional relationship.

A lawyer shall rectify client’s fraud  Rule 19.02 A lawyer who has received information that his client has, in the course of the representation, perpetuated 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.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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When a lawyer discovers that some fraud or deception has been practiced, which was unjustly imposed upon the court or party, he should endeavor to rectify it; at first by advising his client, and if his client refuses to forego the advantage thus unjustly gained, he should promptly inform the injured person or his counsel, so that they may take appropriate steps. (Canon 41, Code of Professional Ethics) Canon 41 may collide with the lawyer’s duty to keep the client’s confidence inviolate, which may be the reason why the Code of Professional Responsibility merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. C. WHAT ARE REQUIRED TO PROTECT CLIENT’S INTERESTS

Generally  Canon 18. A lawyer shall serve his client with competence and diligence.  By accepting a retainer, a lawyer impliedly represents that: a. He possesses requisite degree of learning, skill, ability which is necessary to the practice of his profession and which other similarly situated possess; b. He will exert his best judgment in the prosecution or defense of the litigation entrusted to him; c. He will exercise reasonable and ordinary care and diligence in the use of his skill and in the application of his knowledge to his client’s cause; d. He will take such steps as will adequately safeguard his client’s interest. A client may reasonably expect that counsel will make good his representations.  Rule 18.03. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. 

defective complaint that it did not suspend the prescriptive period to file an action betrayed his client’s trust and did not champion his cause. Duration and extent of a lawyer’s duty to safeguard client’s interest  The attorney’s duty to safeguard the client’s interest commences from his retainer until his effective release from the case.  During that period, he is expected to take such reasonable steps and such ordinary care as his client’s interests may require.  The failure of his client to pay him his fees does not warrant his abandoning the case. A lawyer shall render service only when qualified to do so  Rule 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. A lawyer shall not handle a case without adequate preparation  Rule 18.02. A lawyer shall not handle any legal matter without adequate preparation.  Lawyer should safeguard his client’s rights and interests by: 1. Thorough study and preparation; 2. Mastering applicable law and facts involved in a case, regardless of the nature of the assignment; and 3. Keeping constantly abreast of the latest jurisprudence and developments in all branches of the law.  

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Inadequate preparation spawns adverse effects that go far beyond the personal interest of the client. When the merits of one side of a case are not properly presented because of inadequate legal presentation, the court may be misled by looking at the case in an uneven light. Careless preparation may cast doubt upon the lawyer’s intellectual honesty.

A lawyer who delayed filing an action to revive a judgment and thereafter filed a

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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Thorough study and preparation will not ensure winning the litigation, but there is deep satisfaction of having lost a case but won the esteem and respect of his client and the approbation of the court in the manner he espoused his client’s cause with skill, diligence, ability, and candor.

Preparation of pleadings  A lawyer’s pleading: o Shows the extent of his study and preparation; o Articulates his ideas as an officer of the court; o Mirrors his personality and reflects his conduct and attitude toward the court, the opposing party and his counsel. o Is a document embodying the result of his work and furnishing the basis on which to judge his competence.   

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All of the above considerations emphasize the need for utmost care in the preparation of a pleading. A pleader should bear in mind the substantive and procedural requirements of the pleading to be filed in the court. He should not suppress or distort material and vital facts nor omit relevant documents which bear on the merit or lack of merit of his petition. Honesty toward the court to enable it to better appraise its merit or deficiency. The Rules of Court prescribe the procedural requirements, such as in the verification and in the certification against forum shopping. Rule 7, Sec. 4., Rules of Court: Verification. Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.

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In the verified certification against forum shopping, it is signed only by the party himself and not his lawyer, and it may only be

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executed by a corporate officer who has been duly authorized by its board of directors. If there are two or more parties, all of them should sign. o Except:  When one has been duly authorized to do so by his coparty.  Where the petitioners are husband and wife involving their property, in which case only one of them may sign. 

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In verifying a pleading, the certification of the notary public must state that the affiant personally appeared before him, that the affiant is personally known to the notary public or that the affiant exhibited to him an official identification issued by a government agency showing his picture and signature. As required by the notarial law and rule issued by the Supreme Court. If a lawyer fails to comply with these requirements, the complaint may be dismissed or his client may lose the case. ―The client is bound by the action of his counsel, as well as by his mistake or negligence,‖ and may even subject the lawyer to disciplinary action.

Interviewing witnesses  A lawyer may interview a witness in advance of trial to guide him in the management of litigation.  A witness is the human instrumentality through which the law and the judges and lawyers, endeavor to ascertain the truth and to dispense justice to the contending parties.  An attorney violates no ethical rule when he ascertains from a witness what the latter know and does not know about the facts in controversy.  What is unethical is to tell the witness to say something which is false. 

A lawyer may properly interview any witness or prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. In doing so, however, he should scrupulously avoid any suggestion calculated to induce the witness to suppress or deviate from the truth, or in any degree to affect his free and

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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untrammeled conduct when appearing at the trial or on the witness stand. A lawyer may properly obtain statements from witnesses whose names were furnished by the opposing counsel or interview the employees of the opposing party even though they are under subpoena to appear as witnesses for the opposite side. If after trial resulting in defendant’s conviction, his counsel has been advised that a prosecution witness committed perjury, it is the lawyer’s duty to endeavor honorably to obtain such witness’ retraction. An adverse party, though he may be used as a witness, is not a witness within the meaning of the rule permitting a lawyer to interview the witness of the opposing party. A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.

What to do in case of conflict of trial dates  Two or more cases set for trial in different courts and on the same date without the lawyer’s previous knowledge should ask for postponement of the latter cases as he should not give undue preference for the work in one against the other. o Except: In favor of that case wherein the court has served warning in view of previous repeated postponements  Motion for postponement should be presented at such time as practicable to prevent the adverse party from coming to court with his witnesses on the date of trial as to spare unnecessary expense.  A lawyer should not assume that his motion for postponement will be granted even if the adverse party conforms since the court is not bound thereby.  When the motion for postponement has been denied or the case has been set for trial for the last time, the lawyer must take precautionary measures such as notifying the court or asking his clients to secure the services of another lawyer or requesting another attorney to appear for him. Adoption of a system to insure receipt of mails

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Rule 13, Sec. 10. Rules of Court Completeness of service. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier.

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This rule imposes upon a lawyer the duty to maintain a system that will insure his prompt receipt of notices and communications sent to him by mail at his address of record. The failure or refusal of a lawyer to claim registered mails addressed to him may prove prejudicial to his client’s interests, as when as a consequence thereof, he fails to attend a hearing, to file a responsive pleading on time, pay the docket fee, or appeal an adverse judgment. Circumstances that will not warrant reopening of the litigation nor prevent the service by registered mail from being effective after 5 days’ notice: 1. That a lawyer could not afford to hire a regular clerk to claim his mail. 2. That his clerk failed to call his attention to it. 3. That the demands of his work required him to be in different places. 4. That he changed his address without notice to the court thereof.

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Notice of change of address  Without his address being recorded in the case, a lawyer will not be entitled to be served with judicial notice.  Without informing the court in writing of such change, a notice served at the attorney’s original address is binding upon the client.  Insofar as the court is concerned, the last address on record is the place where all notices shall be served until the court is officially informed to the contrary. Notice of death of client  Rule 3, Sec. 16. Rules of Court: Death of party; duty of counsel:

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be duty of his client to inform the court within 30 days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.   

The legal representatives can be substituted as parties. The failure of giving such notice binds his client as well as the heirs of any judgment. The court does not take judicial notice of the death of a party and will render decision as if the party is alive.

Requiring clerk of court to do his duty  Rule 20, Section 1. Rules of Court: Calendar of cases. The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing. 

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If the clerk of court is negligent, it is the lawyer’s duty to call the attention of the court to that fact so that the administration of justice will not suffer any delay. While an appellant may expect the clerk of court to do his duty, it does not discharge the counsel from the responsibility of seeing that the record on appeal and evidence are elevated to the appellate court.

Duty to keep client fully informed  Duty to advise promptly the client of any important information.  Notify client of an adverse decision within the period to appeal to enable the client to decide whether to seek appellate review.  Keeping the client fully informed of important developments of his case will minimize occasions for misunderstanding or loss of trust and confidence.  The client should not, however, sit idly by. It is also the client’s duty to make proper inquiries from his counsel concerning his case.

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What is required when moving from time to file pleading or to postpone hearing  Pressure of work or some unavoidable reasons may constrain a lawyer to file a motion for extension of time to file pleadings.  A lawyer should not assume that such motion will be granted.  A lawyer should inquire from the clerk of court the court’s action thereon.  He runs the risk of time running out on him.  Where a motion for extension has remained unacted, the least that is expected of a lawyer in the meanwhile is to file it within the time asked for.  When there is failure after the lapse of the period, he should nonetheless file it with a motion for leave to admit it, stating the reasons for the delay.  Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so.  Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.  The court frowns upon the lawyers’ practice of repeatedly seeking extensions and thereafter simply letting the period lapse without submitting any pleading or even explanation for their failure.  Postponement is not a matter of right but of sound judicial discretion. Diligence in handling case  A lawyer must exercise ordinary diligence or that reasonable degree of care and skill having reference to the character of the business he undertakes to do.  He is not, however, bound to exercise extraordinary diligence.  What amounts to carelessness or negligence depends upon the circumstances of the case.  There is want of diligence where: 1. The lawyer failed, without sufficient justification, to bring an action immediately. 2. Failure to file the answer to the complaint within the reglementary period. 3. Failure to notify his client of the date of the hearing.

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

4. Failure to attend the scheduled pretrial conference or hearing. 5. Failure to prosecute the action for a reasonable period. 6. Failure to inform the client of an adverse judgment within the reglementary period to appeal. 7. Failure to take steps to have the adverse decision reconsidered or appealed. 8. Failure to ascertain the correct date of receipt of the decision. 9. Failure to acquaint himself with what has happened to the litigation. 10. Failure to pay the docket fee on appeal. 11. Failure to claim judicial notices sent to him by mail. 12. Failure to file the appellant’s brief. 

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A new counsel, who enters his appearance in midstream, has the duty not only to thoroughly study the case but also to inquire as to the status of the case. Failure to do so prevents him from taking required steps and may adversely affect his client’s interests. Rule 18, Sec. 4, Rules of Court: Appearance of Parties. It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents.

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Pressure and large volume of legal work provide no excuse for the lawyer’s inability to exercise due diligence in the performance of his duty to take the necessary legal steps to protect his client’s interest. A lawyer who finds it impracticable to continue representing a client should inform the latter of his predicament and ask that he be allowed to withdraw from the case to enable the client to engage the services of another counsel who can study the situation and work out a solution.

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Where the client refuses to cooperate or is nowhere to be found, a lawyer should ask that he be discharged or should apply to the court that he be released. Retirement from the case should be made on record. His impending release from professional obligation does not excuse him from the non-performance thereof. D. STANDARD OF DUTY IN CRIMINAL ACTIONS

Duty to render effective legal service  The lawyer must decline to conduct a civil cause or to make a defense when convicted that it is intended merely to harass or to injure the opposite party or to work oppression or wrong.  It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused.  The right of an accused to counsel finds substance in the performance by the lawyer of his sworn duty of fidelity to his client. It means an efficient and truly decisive legal assistance and not simply a perfunctory representation.  Rule 138, Sec. 20 (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.  A lawyer may not cause the transfer, through misrepresentation, of a case pending in one sala to another of the same court without the knowledge and consent of the judge taking cognizance of said case for the purpose of obtaining from the second sala a more satisfactory remedy.  A lawyer, in seeking reversal of a lower court’s conviction of his client, may not attribute to the trial judge personal motives or attacking him acrimoniously behind his back in his appeal brief.  The interest of the public requires that every verdict be rendered only upon the issues raised and evidence presented, uninfluenced

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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by pleas of counsel to passion, prejudice, or distorted sense of justice. It is a disgrace to the bar and an affront to the court for a lawyer to plead that, on behalf of an accused charged with killing a person for monetary consideration, that his accused client was a ―poor, ignorant man blinded by the promise of wealth,‖ and it was too great a temptation to resist. It is improper for a lawyer to assert in argument his personal belief in his client's innocence or in the justice of his cause. The lawyer is bound, by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty but by due process of law.

What is required of counsel de oficio  He is expected to render effective service and to exert his best efforts on behalf of an indigent accused.  He has the bounden duty to exert utmost efforts to defend his client and protect his rights, no matter how guilty or evil he appears to be.  The performance of his duty is all the more imperative because the life of the accused hangs in the balance.  He failed in the performance of such duty as counsel for the accused: o Where he refused to cross-examine the offended party in a rape case because he believed she was telling the truth and did not present evidence for the accused. o Where barely days after accused client pleaded ―not guilty‖ he filed a manifestation in open court that his client was changing his plea to that of ―guilty.‖  The court requires strict accountability in the performance of a lawyer’s duty to the impoverished client.  A counsel de oficio ought not to ask to be excused from his responsibility for any trivial reason.  Nor does his appointment as an election registrar justify his release from his responsibility as counsel de oficio unless on valid grounds.

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Duty of defense counsel when accused intends to plead guilty  Plea of guilty: An admission by the accused of his guilt of a crime as charged in the information and of the truth of the facts alleged, including the qualifying and aggravating circumstances.  The imposition of sentence proceeds from a plea that is truthful and made voluntarily by the accused with full awareness of its consequences and of his rights.  It is the duty of defense counsel when his client desires to enter a plea of guilty, to: 1. Fully acquaint himself with the records and surrounding circumstances of the case; 2. Confer with the accused and obtain from him his account of what had happened; 3. Advise him of his constitutional rights; 4. Thoroughly explain to him the import of a guilty plea and the inevitable conviction that will follow; and 5. See to it that the prescribed procedure which experience has shown to be necessary to the administration of justice is strictly followed and disclosed in the court records. 

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In grave offenses, after the plea of guilty, the prudent and proper course to follow is for the trial court to require the taking of testimony of the accused so as to establish the precise degree of his culpability and leave no room for doubt that there is no mistake or misunderstanding as to the nature of the charges. The review by the Supreme Court of a lower court’s judgment would permit judicial inquiry as to the extent a defense counsel has performed his duty to an accused who pleaded guilty to a capital offense and would minimize the denial of an accused’s right to an effective assistance of counsel. Taking of testimony after a plea of guilty could also prevent the imposition of an incorrect penalty. The guilty plea system is not conducive to a sound attorney-client relationship. It has been asserted that there are some ―professional writrunners and pleaders‖ – lawyers who handle large volume of cases for

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LEGAL ETHICS Based on the book “Legal and Judicial Ethics” by Atty. Ruben E. Agpalo

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less than spectacular fees by advising, influencing, cajoling, or even coercing clients to plead guilty, irrespective of their guilt or innocence. A lawyer who has been thrice appointed counsel de oficio, cautions the courts from frequently appointing the same attorney to prevent the possibility of having the compensation for services rendered as a regular source of income, as the counsel might be inordinately eager to finish the cases to be able to collect his fees at the earliest possible time. And the quickest and easiest way to accomplish that purpose is to ask an accused to plead guilty even when counsel knows his client did not commit the offense.

Consequences to a client for lawyer’s breach of trust  The client may lose his case due to the negligence or misconduct of his counsel because the client is generally bound by his lawyer’s omission or mistake.

The guilty plea system puts even the most reputable lawyer into a trying situation. Where a guilty plea would be an advantage in view of the evidence of guilt and the prosecutions’ offer to charge him with a lesser offense, notwithstanding the accused insisting his innocence. If he were to advise his client to enter a plea of not guilty, he may be less than true to his duty of extending the best legal assistance to the accused. On the other hand, if he were to advise a guilty plea to the lesser offense, a problem arises as to the correctness of the step taken especially when evidence is adduced, the accused appears to be innocent. There appears to be no immediate solution in sight to the ethical and economic problems posed by the guilty plea system. Such problems underscore the need for a defense counsel to be conscientious and diligent in the discharge of his duties to the accused. E. CONSEQUENCES OF FAILURE TO PERFORM DUTIES

Generally  Failure of the lawyer may render him administratively liable, which may be a reprimand, warning, suspension from the practice of law, and even disbarment depending upon the circumstances and prejudice caused to the client.

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