Legal Ethics Quicknotes

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LEGAL ETHICS REVIEWER LEGAL ETHICS - is a branch of moral science, which treats of the duties which an Attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws. State the significance of legal ethics. The practice of law which covers a wide range of activities characteristic of the legal profession including the pursuit and defense of client's rights and interests before the court, will be transgressive, anarchic, riotous, lawbreaking, defiant and disobedient to courts, if there are no sets of governing rules to limit the parameters and tame the exercise of the profession. Legal ethics will guard against the abuses and ills of the profession such as dishonesty, deceit, immorality, negligence, slothness, lack of diligence and the many forms of malpractice of the members of the bar. On the positive side, it will raise the standard of the legal profession, encourage and enhance the respect for the law, assure an effective and efficient administration of justice, assist in the keeping and maintenance of law and order in coordination with the other departments of government. It also provides the basis for weeding out the unfit and the misfits in the legal profession for the protection of the public. (Pineda, Legal and Judicial Ethics, 1994 Ed., pp.1 and 2). Original Bases of Legal Ethics: 1. 2. 3. 4. 5.

Canons of Professional Ethics Supreme Court Decisions: Constitution Treatises and publications Statistics

Present Basis of the Philippine Legal System : Code of Professional Responsibility.

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DEFINITION OF TERMS Bar vs. Bench Refers to the whole body of attorneys and denotes the whole body of judges, counselors, collectively the members of the legal profession Practice of Law any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Attorney-at-law/Counsel-at-law/Attorney/Counsel Abogado/Boceros: - 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 the law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney In fact an agent whose authority is strictly limited by the instrument appointing him, however, he may do things not mentioned in his appointment but are necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer. Counsel de Oficio a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court. Attorney ad hoc' a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor's of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record - one who has filed a notice of appearance and who hence is formally mentioned in" court records as the official attorney of the party. Person whom the client has named as

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his agent upon whom service of papers may be made. (Reynolds v. Reynolds, Cal.2d580). Of Counsel -

to distinguish them from attorneys of record, associate attorneys are referred to as "of counsel" (5 Am. Jur. 261).

Lead Counsel - The counsel on their side of a litigated action who is charged with the principal management and direction of a party's case. House Counsel -

Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.

Bar Association Advocate -

an association of members of the legal profession.

The general and popular name for a lawyer who pleads on behalf of someone else.

Barrister' (England) - a person entitled to practice law as an advocate or counsel in superior court. Proctor (England) - Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado - It means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law.

ADMISSION TO THE PRACTICE OF LAW The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides: See. 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading practice and procedure in all courts the admission to the practice of law, the Integrated Bar and legal assistance to the under privileged. The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession.

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The Bar Examination Committee:  Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar.  The 8 members act as examiners for the 8 bar subjects with one subject assigned to each. 



The "Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, 'and the individual members of the committee on the other. He is at the same time a deputy clerk of .court. Admission of examinees is always subject to the final approval of the court.

Practice of Law The practice of law is a PRIVILEGE granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments In the effective and efficient administration of justice. (In Re: Argosino, 1997). Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience. "To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally to practice law is to give notice or render any kind of service which device or service requires the use in any degree of legal knowledge or skill." (Cayetano vs. Monsod, 20.1 SORA 210 citing 111 AI..R 23). Requirements for admission to the Bar: 1. 2. 3. 4. 5.

Citizen of the Philippines At least 21 years old Of good moral character Resident of the Philippines 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.

Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing In that exclusive and honored fraternity. (Tapucar VS. Tapucar, 1998) Academic Requirements for Candidates: 1. A bachelor's degree in arts and sciences (pre-law course)

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2. A completed course in: a. Civil law b. Commercial law c. Remedial law d. Public international law e. Private international law f. Political law g. labor and social legislation h. Medial jurisprudence I. Taxation j. Legal ethics Non-lawyers who may be authorized to appear in court: 1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC) 2. Before any other court Party to the litigation, in person (Ibid.) 3. Criminal case before the MTC In a locality where a duly licensed member of the Bar is not available: the judge may appoint a nonLawyer who is: a. Resident of the province b. Of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC). 4. Legal Aid Program - A senior law student, who /s enrolled in a recognized law school's clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. 5. Under the labor code, non-lawyers may appear before the NLRC or any labor Arbiter, if a. They represent themselves, or If b. They represent their organization or members thereof (Art 222, PO 442, as amended). " 6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259, Sec. 9). Public Officials who cannot engage In the private practice of Law in the Philippines: 1. Judges and other "officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC). 2. Officials and employees of the OSG (Ibid.) 3. Government prosecutors (People v. Villanueva, 14 SORA 109). 4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VI/I Sec. 15, 1987 Constitution). 5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution) 6. Ombudsman and his deputies (Art. IX, Sec. 8(2 nd par), 1987

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Constitution) 7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). 8. Those prohibited by special law Public officials with Restrictions in the Practice of Law 1. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution). 2. Under the Local Government Code (RA 7160, Sec. 91) Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not: a. Appear as counsel before any court in any civil case wherein a local government unit any office, agency, or instrumentality of the government is the adverse party; b. 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; c. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; d. Use property and personnel of the government except when the Saggunian member concerned is defending the interest of the government. 3. Under RA 910, Sec. 1 as amended, a retired justice or judge receiving pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.

Attorney's Oath “I,___________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support 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 the doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man 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 impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God”(Form 28, RRC)

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Nature of Lawyer’s Oath  

The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999) It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).

State the concept of attorney's fee. Attorney's fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. It may also be an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in litigation.

Define contingent fee. Contingent fee is one depending on the success of the services to be performed (7 C.J.S. 1062). Define contingent fee contract. Contingent fee contract is a bilateral, entire agreement, speculative in nature, providing for conditional compensation of an attorney. (7 C.J.S. 1062). Give the distinction between champertous contracts.

contingent

fee

contracts

and

1.

In a champertous contract, the attorney undertakes to bear all expenses incident to the litigation. This is not true in contingent fee contracts.

2.

Champertous fees are payable only in kind, out of the properties recovered; whereas, contingent fees may be paid in cash. Champertous contracts are void as against public policy and the ethics of the profession; whereas, contingent fee contracts are valid. (Canons of Professional Ethics, 42).

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ATTORNEY'S FEES Q

-May a lawyer in a probate case which was dismissed appeal the dismissal to enforce his attorney's fees based on contingency? Why? -No. If the probate of a will is dismissed, the lawyer cannot appeal to enforce his fees. Since the contingency did not occur due to the dismissal of the petition, the lawyer is not entitled to his attorney's fees.

Q

-Is a contract between a lawyer and his client stipulating a contingent fee covered by the prohibition under Article 1491(5) of the New Civil Code? -No because the payment of said fee was not made during the pendency of the litigation but only after the judgment has been rendered in the case handled by the lawyer. (Fabillo vs. lAC, 195 SCRA 28, March 11, 1991).

Q

-Are initial fees and fees paid in the progress of litigation part of the contingent fees? -No, they are independent of the contingent fees. The fact that a lawyer may have been paid substantially (in initial fees) while the case was dragging is no justification for denying him the full amount under the contingent fee contract with a client. (Law Firm of Raymundo Armovit vs. CA, 202 SCRA 16, Sept. 27, 1991).

Q

-A lawyer whose services were engaged on a contingency basis was terminated by his client due to his refusal to represent him in an extrajudicial settlement of the claim. State the effect of such termination. -An attorney hired on a contingent basis and whose services were terminated by his clients because of his refusal to represent them in an out of court settlement of their claims has no right to interfere in the implementation of the settlement agreement in his efforts to collect attorney's fees not due him. (Chua vs. NLRC, 190 SCRA 558, Oct. 17, 1990).

Q

-Is the agreement between a lawyer and his client which provides that the latter agrees on a 50% contingent fee provided the former defrays all expenses for the suit, including court fees, valid? -No, such agreement is null and void for being a champertous agreement. (Bautista vs. Gonzales, supra).

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-When may a lawyer validly advance the expenses of litigation? -A lawyer may in good faith advance the expenses of litigation provided the same should be subject to reimbursement. (Bautista vs. Gonzales, supra). Q-

-What is the nature of a charging lien? A charging lien, to be enforceable as security for the payment of attorney's fees, requires as a condition sine qu non a judgment secured in the main action by the attorney in favor of his client. It is not of the nature which attaches to the property in litigation, but is at most a personal claim enforceable by a writ of execution. It presupposes that the attorney has secured a favorable money judgment for his client. A charging lien is limited only to money judgments and not to judgments for the annulment of a contract or for delivery of real property. (Metropolitan Bank and Trust Company vs. CA, 181 SCRA 367, Jan. 23,1990).

Q

What court has jurisdiction over an enforceable charging lien? -An enforceable charging lien, duly recorded, is within the jurisdiction of the court trying the main case. This jurisdiction subsists until the lien is settled. (Metropolitan Bank and Trust Company vs. CA, supra).

Q

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How may a lawyer enforce his right to attorney's fees? By filing the necessary petition as an incident in the main action in which his services were rendered when something is due his client in the action from which the fee is to be paid. (Metropolitan Bank and Trust Company vs. CA)

Q

-How may a lawyer assert his claim for attorney's fees? -Counsel's claim for attorney's fees may be asserted either in the very action in which the services in question have been rendered for or in a separate action. If the first alternative is chosen, the Court may pass upon said claim even if its amount were less than the minimum prescribed by law for the jurisdiction of said court, upon the theory that the right to recover attorney's fees is but an incident of the case in which the services of counsel have been rendered. (Quirante vs. Intermediate Appellate Court, G.R. No. 73886, 31 Jan. 89).

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- How may a petition for the recovery of attorney's fees be established? A petition for the recovery of attorney’s fees, either as a separate civil suit or as an incident in the main action has to be prosecuted and the allegations therein established as in any other money claim. The persons who are entitled to or who must pay attorney's fees have the right to be heard upon the question of their propriety or amount. Hence, the obvious necessity of a hearing is beyond cavil. (Metropolitan Bank and Trust Company vs. CA, supra).

Q-

How do you consider a contract for the payment of attorney's fees? A stipulation regarding the payment of attorney's fees is neither illegal nor immoral and is enforceable as the law between the parties as long as such stipulation does not contravene law, good morals, good customs, public order or public policy. (Reparations Commission vs. Visayan Packing Corporation, 191 SCRA 531, Feb. 6, 1991). So that if a lawyer who rendered services to a labor union with the knowledge and acquiescence of its Board is entitled to the reasonable value of his professional services on a quantum meruit basis, especially if such services redounded to the benefit of the union although his appointment as union counsel was not authorized by a Board Resolution. (Hipolito, Jr. vs. Ferrer-Calleja, 190 SCRA 182, Oct. 1, 1990).

Q

-If a lawyer claims and enforces his claim for attorney's fees, is he required to pay docket fees? Why? -Yes. A motion for attorney's fees is in the nature of an action commenced by a lawyer against his client for attorney's fees, hence, docket fees should have been priory paid before the court could lawfully act on said motion, and decide it. It may be true that the claim for attorney's fees was but an incident in the main case, still, It is not an escape valve from the payment of docket fees because as in all actions, whether separate or as an offshoot of a pending proceedings, the payment of docket fees is mandatory. (Lacson vs. Reyes, 182 SCRA 729, Feb. 26, 1990).

Q-

May the court modify an agreement for the payment of attorney's fees? -Yes. Courts may modify attorney's fees previously agreed upon by the parties under a valid contractual stipulation where the amount thereof appears to be unconscionable or unreasonable.

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(Radiowealth Finance Co., Inc. vs. Int'I. Corporate Bank, 182 SCRA 862, Feb. 28, 1990). Q- May an executor or administrator recover attorney's fees for his services to the estate? Why? - No. An administrator or executor may be allowed fees for necessary expenses he has incurred but he may not recover attorney's fees from the estate. Where the administrator is himself the counsel for the heirs, it is the latter who must pay attorney's fees. (Lacson vs. Reyes, supra) Q.

If the individual heirs in an estate proceedings hired their own lawyers, is the estate liable for attorney's fees? Why? No. In estate proceedings, attorney's fees are not the obligation of the estate but of the individual heirs who individually hired their respective lawyers. The lawyer should collect from the heirs distributes who individually hired him his attorney's fees according to the nature of the services rendered. (Sesbreno vs. CA, 213 SCRA 681, Sept. 4, 1992).

Q

-What is the nature of an award of attorney's fees under Art. 2208 of the Civil Code? Explain. An award of attorney's fees as an item of damages is the exception rather than the rule, and counsel's fees are not to be awarded every time a party wins a suit. The power of the court to award attorney's fees under Article 2208 of the Civil Code demands factual, legal and equitable justification, without which the award is a conclusion without a premise, its basis being improperly left to speculation and conjecture. The court must explicitly state thereof the legal reason for the award of attorney's fees. (Central Azucarera de Bais vs. CA, 188 SCRA 328, Aug. 3, 1990.)

Q

Q.

- When is the principle of quantum meruit applied? -It is applied if a lawyer is employed without a price agreed upon for his services. In which case, he would be entitled to receive when merits for his services, as much as he has earned. (Lorenzo vs. CA, supra ) (A) In the absence of a written contract between attorney and client, what factors are to be considered in determining the amount of attorney's fees? (1966 Bar) (B) What elements are generally to be considered in fixing reasonable compensation for legal services rendered on the basis of quantum meruit? (1968 Bar)

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(c) What are the criteria in determining the reasonable amount that may be awarded as attorney's fees? Give at least seven factors. (1970 Bar) (D) If the Court decides that the counsel of a party to a case may recover attorney's fees on the basis of "quantum meruit", what does the order of the court mean? (1971 Bar) (E) What factors must be considered by the court in determining attorney's fees in the absence of a written contract? (1972 Bar) (F) What are the factors that should be considered in determining the amount to be awarded as attorney's fees? (1977 Bar) A.

The factors, in determining the amount to be awarded as attorney's fees on a quantum meruit are: 1. The importance of the subject matter of the controversy; 2. The extent of the services rendered; and 3. The professional standing of the lawyer (Sec. 24, Rule 138, Revised Rules of Court).

Supreme Court decisions mentioned the following factors: (1) The amount and character of the services rendered; (2) The labor, time, and trouble involved; (3) The nature and importance of the litigation or business in which the services were rendered; (4) The responsibility imposed; (5) The amount of money or the value of the property affected by the controversy or involved in the employment; (6) The skill and experience called for in the performance of the services; (7) The professional character and social standing of the attorney; and (8) The results secured, it being a recognized rule that an attorney may properly charge a much larger fee when it is contingent than when it is not. The Canons of Professional Ethics consider the following factors, namely: (1) The time and labor required, the novelty and difficulty of the questions involved and the skill required properly to conduct the cause; (2) Whether the acceptance of employment in the particular case will preclude the lawyer's appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he could be employed in particular case of antagonisms with other clients; (3) The customary charges of the BAR for similar services; (4) The amount involved in the controversy and the benefits resulting to the client from the services; (5) The contingency or the certainty of the compensation; and (6) The character of the employment, whether casual or for an established and constant client. (Canons of Professional Ethics, 12; Mambulao Lumber. Co. vs. PNB, G.R. No. L-22973, January 30, 1968).

Q

- May a lawyer be entitled to compensation for services

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he rendered? -Yes. A lawyer has a right to recover from his client a reasonable compensation for his services, except if he agreed to render services for free or gratuitously or if he has been appointed as counsel de oficio. Q

- What are the requirements before a lawyer maybe entitled to compensation? - The requirements are: (1). There must be a lawyer-client relationship or in short, employment; (2) There must be rendition of service.

Q

-Who may not charge attorney's fees? - The following may not charge attorney's fees: 1) government lawyers; 2) executor or administrator of an estate; 3) counsel de oficio except that he may be entitled to a token compensation.

Q

- State some acts of a lawyer that may negate the recovery of attorney's fees. - They are: (1)misconduct, negligence or carelessness; (2)abandonment or withdrawal without client's consent; (3)representing adverse interest.

Q - State some acts that may not negate a lawyer's right to attorney's fees. - They are: (1)if the client withdrew the case or compromised it; and (2)if he was discharged without valid cause. Q

- How may a lawyer enforce his claim for attorney's fees? - He may do either of two (2) things: (1)file a petition as an incident of the main action which may be passed upon by the court if there is something due to the client in the action; (2)file an independent action.

Q

- A is the lawyer of B. During the pendency of the case, A

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wants to file a claim for attorney's fees in the same case amounting to P50, 000.00. B resisted claiming that the RTC has no jurisdiction to pass upon it since that is not within the jurisdiction of the court. Is the contention correct? Why? -No. The court may pass upon such claim even if the amount is less than the minimum amount prescribed by law for the jurisdiction of the court. (Quirante vs. CA, G.R. No. 73886, Jan. 31, 1989). This rule has to be so because the claim is only incidental to the main action. Q lien?

- What does it mean when a lawyer exercises his retaining - It does not: (a) mean that he attached the funds which came to his possession in some other capacity; (b) extend to the funds of client's principal; or (c) extend to subject matter of the action.

Q

-When may the court require the surrender of funds or documents that came into his possession? - If the client posts a bond and when the documents are indispensable to the case.

Q

- When shall a retaining lien end? -It ends when the possession lawfully ends.

Q

- What are the requirements of a charging lien and when shall it take effect? - The requirements of a charging lien are: (1) it should be filed while the court still has the records of the case and before full satisfaction of the judgment; and (2) copies of the statement must be served on the client who has the right to dispute it, or on the adverse party in order to bind him. It shall take effect from the time the lawyer caused a notice of his lien to be entered in the records of the case.

Q

- State the effects of a charging lien. - They are: (1)it gives the lawyer the right to collect out of the judgment and executions in pursuance thereof;

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(2) client or assignee who receives the proceeds of the judgment holds it in trust for the lawyer; (3)judgment debtor who fully satisfies the judgment debt in disregard of the lien is still liable for the full value thereof, enforceable by execution; (4)the lien enjoys preference of credit over a creditor who subsequently recorded his credit; and (5)it gives the lawyer a standing in the action to protest its discontinuance by the client unless suitable measures for the protection of his fees are provided. In fact, it has the effect of terminating the client-lawyer relationship. Q

- Give the basic requirement for the validity of an award of attorney's fees in a decision. -An award of attorney's fees in the form of damages to be paid by the losing party must be stated in the dispositive portion of the decision giving a reason for the said award. It is necessary for the court to make findings of facts and law that would bring the case within the exception to justify the grant of such award. (Lantin vs. CA, uncited). An award of attorney's fees in accordance with Art. 2208 of the Civil Code demands factual, legal and equitable justification without which the award is a conclusion without a premise its basis being improperly left to speculation and conjecture. The reasons for the award must be explicitly stated in the text of the trial court's decision, otherwise, it will be disallowed on appeal. (Central Azucarrera de Bais vs. CA, 188 SCRA 328; Radiowealth Communication vs. Rodriguez, 182 SCRA 899).

Q

Q

-Is a government-owned or -controlled corporation represented by the Office of the Government Corporate Counsel entitled to attorney's fees? Why? -Yes. There is, as a matter of principle, no reason why a government owned or -controlled corporation, or any other government agency or entity for that matter, which was compelled to bring suit against a private person or entity in order to protect its rights and interests, should not be granted an award of attorney's fees, where such award would be proper if the suit had been brought by a private entity. While such a corporation, agency, or entity may be represented by government lawyers, clearly, costs are incurred either by the plaintiff-corporation or entity directly or by the general taxpaying public indirectly, by reason of the default or other breach of contract or violation of law committed by the defendant. - The services of a lawyer were terminated before his client compromised the case. Is he entitled to contingent

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attorney's fees? Why? - No, because he did not participate in the negotiations for the settlement of the case. Since he did not take part in the settlement, there is 11,0 basis for attorney's fees. However, if he participated in the negotiation for settlement of his client's case, he is entitled to his fees agreed upon. In fact, the client can even be liable for damages for his bad faith if there is any. Q

-May a lawyer get the entire property in the litigation after the termination of the case? Why? No, because that would be unconscionable. A lawyer is not merely the defender of his client's cause and a trustee of the client in respect of the client's cause of action; he is also, and first and foremost, an officer of the court and participates in the fundamental function of administering justice in society. It follows that a lawyer's compensation for professional services rendered are subject to the supervision of the court, not just to guarantee that the fees he charges and receives remain reasonable and commensurate with the services rendered, but also to maintain the dignity and integrity of the legal profession to which he belongs. Upon taking his attorney's oath as an officer of the court, a lawyer submits himself to the authority of the courts to regulate his right to charge professional fees. There should never be an instance where a lawyer gets as attorney's fees the entire property involved in the litigation (even on a contingent fee basis). It is unconscionable for the victor in litigation to lose everything he won to the fees of his own lawyer. (Sumaoang vs. Judge, RTC Branch XXXI, Guiniba, Nueva Ecija, et ai., 215 SCRA 137).

Q

-A engaged the services of a lawyer in the recovery of a parcel of land consisting of 121 square meters. They agreed that the attorney's fee~ is based on a contingency where if the property is recovered, the lawyer's son would be entitled to a usufruct at 97.5 square meters of the land for 10 years. Is the contingent fee contract valid? Why? -No, because the contract is tantamount to giving the property of the client to the lawyer. The contract is deemed excessive. There should not be an instance wherein the victor in litigation loses everything to his lawyer. (Licudan vs. CA, 193 SCRA 293).

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THE LAWYER AND SOCIETY CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. 

RULE 1.01- A lawyer shall not to engage in unlawful, dishonest, immoral or deceitful conduct. Conviction for crimes involving moral turpitude - a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: a. Estafa b. Bribery c. Murder d. Seduction e. Abduction f. Smuggling g. Falsification of public documents



Morality as understood in law - This Is a human standard based on natural moral law which is embodied in man's conscience and which guides him to do good and avoid evil. Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals. Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Artiga VS. Maniwag, 106 SCRA 591). Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. (Narag VS. Narag, 1998) An attorney may be removed not only for malpractice and dishonesty in his profession but also for gross misconduct not related to his professional duties which show him to be an unfit and unworthy lawyer.(Co VS. Bernardino, 285 SCRA 102).

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RULE 1.02- A lawyer shall not to counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. RULE 1.03- A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause. RULE 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. 

If a lawyer finds that his client's cause is defenseless, it is his

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  

18

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

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. RULE 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or 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 primarily to solicit legal business. Primary characteristics which distinguish the legal profession from business: a. Duty of service, of which the emolument is a by product, and in which one may attain the highest eminence without making such money; b. A relation as an 'officer of court' to the administration of justice involving thorough sincerity, integrity and reliability; c. A relation to clients in the highest degree of fiduciary; d. A relation to colleagues at the bar characterized by candor, fairness

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and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients.  

Defenseless - not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Oppressed - victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.

Rule on Advertisements  General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a wellmerited reputation for professional capacity and fidelity to trust. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation. 

Exceptions: Permissible advertisements

1. Reputable law lists, in a manner consistent with the standards of.

2.

3.

4.

5.

Conduct imposed by the canons, of brief biographical and informative data, are allowed. (Ulep vs. Legal Clinic, Inc., 223 SCRA 378) Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and the special branch of law practiced. (Ulep vs. Legal Clinic, Inc., 2~3 SCRA 378) A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. (Ulep vs. Legal Clinic, Inc., 223 SCRA 378) Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. Advertisements or announcement in any legal publication, including books, journals, and legal magazines and in telephone directories.

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RULE 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.  A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorney's fees were not provided for in the agreement.  Rule: A lawyer cannot compromise the case without client's consent (special. authority). Exception: Lawyer has exclusive management of the procedural aspect of the litigation lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there's no opportunity for consultation, the lawyer may compromise.  Rule: Refrain from charging rates lower than the customary rates. Valid Justification: relatives, co-lawyers, too poor.

CANON 3 - A LAWYER IN MAKING KNOWN 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, self-laudatory 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 payor give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business.  

It is unethical to use the name of a foreign firm. Death of a partner does not extinguish attorney-client relationship with the law firm.

Negligence of a member in the law firm is negligence of the firm. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE

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ADMINISTRATION OF JUSTICE.  Examples: Presenting position papers or resolutions for the introduction of pertinent bills in Congress; Petitions with the Supreme Court for the amendment of the Rules of Court. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE. Objectives of integration of the Bar  To elevate the standards of the legal profession  To improve the administration of justice.  To enable the Bar to discharge its responsibility more effectively. The three-fold obligation of a lawyer  First, he owes it to himself to continue improving his knowledge of the laws;  Second, he owes it to his profession to take an active interest in the maintenance of high standards of legal education;  Third, he owes it to the lay public to make the law a part of their social consciousness. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS. 



Public Officials - include elective and appointive officials and employees, permanent or temporary, whether in the career or noncareer service, including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713). The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: a. Commitment to public interest b. Professionalism c. Justness and sincerity d. Political neutrality e. Responsiveness to the public f. Nationalism and patriotism g. Commitment to democracy h. Simple living (Sec. 4, RA 6713)

RULE 6.01 - The primary duty of a lawyer engaged in public prosecution

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is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. RULE 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. RULE 6.03 - A lawyer shall not, after leaving a government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.  Various ways a government lawyer leaves government service: a. Retirement b. Resignation c. Expiration of the term of office d. Dismissal e. Abandonment Q:

What are the pertinent statutory provisions regarding this Rule? Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by existing law, the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year: after termination. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by

law. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply. Q

-State the basic duties of a lawyer to society. 1. 2.

-The Code of Professional Responsibility mandates that: A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes; A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity, and effectiveness of the profession;

FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ 3. 4. 5.

6.

Q

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A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts; A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justice; A lawyer shall keep abreast of legal development, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence; These canons shall apply to lawyers in government service in the discharge of their official tasks.

- A lawyer procured personal loans from the complainant through insinuations of his power as an influence peddler at the Bureau of Customs, and issued bad checks. If an administrative case is filed against him, can he interpose the defense that his conducts were not connected to the practice of his profession? Explain. -No. Rule 1.01, Chapter 1 entitled The Lawyer and Society of the Code of Professional Responsibility which requires that a lawyer shall not engage in unlawful, dishonest, immoral and deceitful conduct does not limit itself to conduct exhibited in connection with the performance of professional duties. His propinquity for employing deceit and misrepresentations as well as his cavalier attitude towards incurring debts without the least intention of repaying them is reprehensible. This disturbing behavior cannot be tolerated especially if the lawyer is an officer of the court.

Q

- What is the lawyer's primary duty to society? - The lawyer's primary duty to society or to the State is to uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. (Canon 1, Code of Professional Responsibility). Thus, it has been said that "to say that lawyers must at all times uphold and respect the law is to state the obvious". Considering that, "of all classes of professions, lawyers are most sacredly bound to uphold the law," (Ex parte Wall, 107 U.S. 265; cited in Malcolm, Legal and Judicial Ethics, p. 214), it is imperative that they live by the law. Accordingly, lawyers who violate their oath and engage in deceitful conduct have no place in the legal profession. (Victoriano P. Resurreccion vs. Atty. Ciriaco C. Sayson, Adm. Case No. 1037, 101 SCAD 654, December 14, 1998).

Q

-Where is the duty of a lawyer to uphold the constitution,

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obey the law, etc. enshrined? - The duty of a lawyer to uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes is enshrined in the Attorney's Oath which every lawyer must take before he may practice law. Such oath runs thus: "I... do hereby solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support 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 the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man 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 courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God." Q

-A lawyer was convicted of the crime of estafa. Can he be disbarred? Why? -Yes, because for having been convicted of estafa, such lawyer does not possess good moral character. A lawyer who had been convicted of estafa does not possess moral turpitude. Moral turpitude includes everything which is done contrary to justice, honesty and good morals. Estafa, no doubt, is a crime involving moral turpitude because the act is unquestionably against justice, honesty and good morals. Good moral character is not only a condition precedent to admission to the legal profession, but it must also remain extant in order to maintain one's good standing in that exclusive and honored fraternity. Law is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and equally important, morally. Because they are vanguards of the law, and the legal system, lawyers must at all times conduct themselves, especially in their dealings with their clients, and the public at large, with honesty and integrity in a manner beyond reproach. (Victoriano O. Resurrection vs. Atty. Ciriaco Sayson, Adm. Case No. 1037, December 14, 1998, 101 SCAD 654)

Q

- May a lawyer who was convicted of the crime of violation of B.P. Big. 22 be disbarred? Why? -Yes. The issuance of a bouncing check imports deceit and violation of the attorney's oath and the Code of Professional Responsibility which requires him to obey the laws of the land.

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Conviction of a crime involving moral turpitude might not relate to the exercise of the profession of a lawyer, but it certainly relates to and affects the good moral character of a person convicted of such offense. (People vs. Tuanda, 181 SCRA 692). It must be emphasized that the nature of the office of a lawyer requires that he shall be a person of good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law. (Victoriano P. Resurreccion vs. Atty. Ciriano Sayson, supra). Q

-BG, a lawyer borrowed the records of a case. He, however, stole some exhibits by tearing them off. Can he be disbarred? Why? -Yes, BG can be disbarred. Well settled is the rule that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. The act of stealing the exhibits can be considered as an unlawful and dishonest act of a lawyer, a violation of his bounden duty under the Code of Professional Responsibility. In the case at bar, BG has descended to the level of a common thief (Fernandez vs. Benjamin Grecia, Adm. Case No. 3694, June 17, 1993,42 SCAD 438).

Q

-One of the essential qualifications for a lawyer to maintain his standing in the legal profession is honesty. Give examples of dishonest and deceitful conduct of a lawyer. - They are: 1. 2. 3.

4. 5. 6. 7.

Misappropriating a client's fund (Quilban vs. Robinol, 171 SCRA 769); Giving false statements under oath in an information sheet submitted in connection with a lawyer's application for the position of Chief of Police (Calo vs. Degano, 20 SCRA 447); Maneuvering reconveyance of property in the name of the lawyer instead of the client in a case involving sale with pacta de retro (Imbuido vs. Fidel Sor Mangonon, 4 SCRA 760); Falsification of grades in the Bar Examinations (In re: Del Rosario, 52 Phil. 399); Delayed failure to account money collected for the client (Licuanan vs. Melo, 170 SCRA 100); Inducing someone to buy a parcel of land knowing that it is not for sale (In re: Quiambao, 102 Phil. 940); and Stealing evidence attached to the court records. (Fernandez vs. Grecia, Adm. Case No. 3694, June 17, 1993, 42 SCAD 438).

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- A lawyer who stole a document from the record of a case was disbarred. Why? -He is an officer of the court. He is like the court itself. An incorrigible practitioner of dirty tricks would be ill-suited to discharge the role of an instrument to advance the ends of justice. (Fernandez, et at. vs. Grecia, supra).

Q

- A lawyer shall not engage in immoral conduct. What degree of immorality may cause the disbarment or disciplinary action against a lawyer? Explain. -For immorality to be a ground for disciplinary action, it must not only be merely immoral but also grossly immoral. It means that the act must be one which is unquestionably so corrupt or unprincipled. (Arciaga vs. Maniwang, 106 SCRA 591)

Q

- Give some examples of immoral conduct of a lawyer. - They are: 1. 2. 3. 4. 5.

6.

7.

Q

Abandonment of wife and cohabiting with another woman. He can be disbarred (Obusan vs. Ocusan, 128 SCRA 485); Bigamy committed by lawyer (Terre vs. Terre, 211 SCRA 6); Representing oneself to be eligible to marry when in fact he is not (Barrientos vs. Daarol, Adm. Matter No. 1512, Jan. 29, 1993); Having carnal knowledge with a woman through a promise of marriage which he did not fulfill. He can be disbarred (Almirez vs. Lopez, 27 SCRA 169); Arranging the marriage of his son to a woman with whom he had illicit relations and after the marriage, he continued his adulterous relations with her (Mortel vs. Aspiras, 100 Phil. 586); Enveigling a woman into believing that they had been married civilly to satisfy his carnal desires. He was disbarred (Cabrera vs. Agustin, 106 Phil. 256; Pomperada vs. Jochico, 133 SCRA 309); and Aintaining adulterous relationship with a married woman. (Cordova vs. Cordova, 179 SCRA 680).

- A married B who was already a married woman although her marriage was void for having married a first degree cousin. A studied law, graduated, passed the Bar

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Examinations where B practically was the one who spent for him during his studies. A abandoned her and married C. Can A maintain his standing in the legal profession? Why? -No, because he violated his duty not to engage in immoral conduct. He made a dupe of his wife, living on her bounty and allowing her to spend for his schooling and marrying another girl as soon as he finished his studies. (Terre vs. Terre, 211 SCRA 6). Q

- What is barratry? - Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is a lawyer's act of fomenting suits among individuals and offering his legal services to one of them.

Q

- What is an ambulance chaser? -Ambulance chaser is a lawyer who haunts hospitals and visits the homes of affected, officiously intruding their presence and persistently offering his services on the basis of a contingent fee. (Warvelle, Legal Ethics, pp. 56-57).

Q

- A filed a suit against B. They entered into a compromise agreement but X, the lawyer B objected to it as his attorney's fees have not been paid. Is the act of X proper? Why? - No. It is the sworn duty of a lawyer not to delay any man's cause for money or malice. A lawyer cannot delay the approval of a compromise agreement entered into between the parties, just because his attorney's fees were not provided for in the agreement. (Jesalva vs. Bautista, 105 Phil. 348).

Q

- One of the duties of a lawyer is that, he shall not, for corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Give examples of instances of delay which can be considered condemnable.

ANS.

- They are: 1.

Resorting to technicalities to frustrate justice Insurance Co., Inc. vs. Uy Realty Co., 34 SCRA 745);

(Economic

2.

Filing of multiple or repetitious petitions which obviously delay the execution of a final and executory judgment (Gabriel vs. CA, 72 SCRA 273);

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Filing of several actions covering the same subject matter or seeking substantially identical relief (Macias vs. Uy Kim, 45 SCRA 251) or what is otherwise known as forum shopping; Filing of frivolous appeals for purposes of delay; Filing of motions for postponement and other kinds of motion for dilatory purposes;

6. Indiscriminate filing of suits against a party clearly intended for harassment. ( Dimagiba14 vs. Montalvo, Jr., 202 SCRA 641). Q

- What is the duty of a lawyer in matters of settlement of cases and why? -A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The reason is that, it will save the client from additional expenses and help prevent the clogging of court docket. (Pajares vs. Abad Santos, 30 SCRA 748).

Q

- After the rendition of final and executory judgment in an unlawful detainer case, a lawyer attempted to nullify the decision of the MTC, Manila. Is the act of the lawyer proper? Why? -No, because the act evinced a deliberate intent to prolong and delay the inevitable execution of a final decision. A lawyer's oath is a solemn agreement in dedicating oneself to the pursuit of justice, not mere fictive of words, drift and hallow, but sacred trust. In so doing, the lawyer violated his duty not to encourage any suit or proceeding or delay a man's cause for corrupt motive or interest. (Masinsin, et al. vs. Hon. Ed Vincent S. Albano, et al., G.R. No. 86421, May 31, 1994, 51 SCAD 476).

Q

- What should a lawyer do if he cannot accept a case? - If for valid reasons, a lawyer cannot accept a case, he should instead give immediate legal advice. He should not refuse to provide legal advice. He can even refer the case to another lawyer who can provide prompt assistance.

Q

- What are some of the characteristics of the legal profession which distinguish it from business? They are: 1. A duty of public service of which the emolument is a byproduct, and in which one may attain the highest eminence

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without making much money; 2.A relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability; 3. A relation to clients in the highest degree of fiduciary; and 4.A relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. (In re: Sycip, 92 SCRA 1). Q

- Explain the principle that the practice of law is a profession and not a moneymaking trade. - The rule is so, because in the fixing of attorney's fees, it must not be forgotten that the profession is a branch of the administration of justice and not a mere moneymaking trade. (Jayme vs. Bualan, 58 Phil. 422). It is not a business but a profession. (In re: Tagorda, 53 Phil. 37). Counsel of repute and of eminence welcome opportunities to be appointed counsel de oficio for this makes manifest the principle that the practice of law is dedicated to the ideal of service and not a mere trade. (Ledesma vs. Climaco, 57 SCRA 473).

Q

- A lawyer published in a newspaper that marriage license may be promptly secured through his assistance and the annoyance of delay or publicity is avoided if desired and marriage arranged to the wishes of the parties. Was the act proper? Why? -No, the advertisement was a flagrant violation of the ethics of his profession it being a brazen solicitation of business from the public. It is highly unethical for an attorney to advertise his talents or skills as a merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and his profession who stoops to and adopts the practice of mercantilism by advertising his services or offering them to the public. (Director of Religious Affairs vs. Bayot, 74 Phil. 579).

Q

- What is the best form of advertisement of a lawyer? -The most worthy and effective advertisement possible even for a lawyer is the establishment of a well merited reputation for professional capacity and fidelity to trust. This cannot be forced but must be the outcome of character and conduct. (Director of Religious Affairs vs. Bayot, 74 Phil. 579).

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- When may a lawyer make a publication or advertisement in newspapers, etc.? -A lawyer may make certain publications or advertisements in newspapers, or periodicals or magazines about the opening of a law office, stating the names of the lawyers and the address of the office or the firm. Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canon, of brief biographical or informative data is allowable. (Ulep vs. The Legal Aid Clinic, Inc., Bar Matter No. 553, June 17, 1993).

Q Explain.

- What should a law firm do if a partner has already died? -If a partner died, the name of the deceased may still be used by the firm, provided, that there is an indication that said partner is already dead and the date or year of his death. The purpose is to avoid the tendency of improperly exploiting its advertising value. (In the matter of the Petition for Authority to Continue Use of the Firm Name Ozaeta, Romulo, De Leon, Mabanta and Reyes, 92 SCRA 1).

Q

- May a lawyer who attempts to engage in opium deal be disciplined? Why? -Yes, because he may not only be removed for malpractice and dishonesty in his profession, but also for gross misconduct not related to his professional duties which show him to be an unfit and unworthy lawyer. The courts are not curators of morals of the bar. At the same time, the profession is not compelled to harbor all persons whatever their character, who are fortunate enough to keep out of prison. A good character is an essential qualification for admission of an attorney to practice, when the attorney's character is bad in such respects as to show that he is unsafe and unfit to be entrusted with the powers of an attorney, the courts retain the power to discipline him x x x. Of all classes and professions, the lawyer is most sacredly bound to uphold the law. (Piatt vs. Abordo, 58 Phil. 350; Co vs. Atty. Bernardino, A.C. No. 3919, Jan. 28, 1998, 90 SCAD 750).

THE LAWYER AND THE LEGAL PROFESSION CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE

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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 scandalous manner to the discredit of the legal profession.  Upright character; not mere absence of bad character.  A lawyer must at all times conduct himself properly as not to put into question his  Avoid scandalous conduct; not only required to refrain from adulterous relationships or the keeping of mistress but must also behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards. . 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 his professional dealings, use language which is abusive, offensive or otherwise improper. RULE 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.  It is the duty of a lawyer to inform the SC or the IBP of such malpractice to the end that the malpractitioner be properly disciplined. 

Not to use in pleadings and in practice the following: disrespectful, abusive and abrasive language, offensive personalities, unfounded accusations or intemperate words tending to obstruct, embarrass or influence the court in administering justice.



Want of intention: not an excuse for the disrespectful language used It merely extenuates liability.



A lawyer, both as an officer of the court and as a citizen, may criticize in properly respectful terms and through legitimate channels the act of courts and judges. But it is the cardinal condition of all such criticism that

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it shall be bona fide, and shall not spill over the walls of decency and propriety. (In Re: Alrrfacen, 31 SCRA 562) 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: a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or



c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profitsharing arrangement. that: Lawyer shall not negotiate with the opposite party who is represented by a counsel. Neither should the lawyer attempt to interview the opposite party and question him as to the facts of the case even if the adverse party is willing to do so.



Lawyer should deal only with counsel, even if there's a fair agreement.



Lawyer may however, interview any witness or prospective witness for the opposing side..; Limitation: avoid influencing witness in recital and conduct.

 A lawyer must not take as partner or associate one who: 1. Is not a lawyer 2. Is disbarred 3. Has been suspended from the practice of law 4. Foreign lawyer, unless licensed by the se. 

Q

A lawyer cannot delegate his authority without client's consent even to a qualified person. - State the basic responsibilities of a lawyer to the legal profession. The Code of Professional Responsibility mandates that: 1. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar;

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2. A lawyer shall conduct himself with courtesy, fairness, and candor toward his professional colleagues and shall avoid harassing tactics against opposing counsel; and 3. A lawyer shall not, directly or indirector, assist in the unauthorized practice of law. Q - What should a lawyer do to maintain his fitness to practice law? - He should maintain good moral character during the continuance of the practice and the exercise of the privilege to practice law. (Quingwa vs. Puno, 19 SCRA 439). He should avoid brushes with the law; he should not assist anyone in the commission of crimes. He is expected to be concerned even with matters like payment of his membership dues to the Integrated Bar of the Philippines (In re: Edillon, 84 SCRA 554) and the payment of his privilege tax, otherwise, he may be disciplined. (US vs. Garner, 9 Phil. 18).

Q

- What is an example of an act of a lawyer that would prevent the discredit of the legal profession by his own acts? - A lawyer must not only be of good moral character, but also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. He should refrain from adulterous relationships or the keeping of mistresses but must also behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards. (Tolosa vs. Cargo, 171 SCRA 21).

Q

- How should a lawyer act in relation to his peers? -He shall conduct himself with courtesy, fairness and candor towards his colleagues and should avoid harassing tactics against opposing counsel. (Canon 8). He should not use language which is abusive, offensive or otherwise improper. (Canon 8.01). He should not encroach upon the professional employment of another lawyer. (Canon 8.02).

Q

- Explain the effects if a lawyer uses intemperate, abusive, abbrasive or threatening language. - He can be cited for contempt or the courts may use their disciplinary powers. (Zaldivar vs.Gonzales, 166SCRA 316). If a lawyer attacks without foundation the integrity of another lawyer, the court may order the same be stricken off the records. For cases are not won by such language.

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- When is a strong language against a judge justified? -If the use of a strong language is impelled by the same language of the judge. Hence, if everyone is to blame for the language, it is the judge himself who provoked it. For, if the judge desires not to be insulted, he should start using temperate language himself; for, he who sows the wind will reap a storm. (Fernandez vs. Hon. Bello, 107 Phil. 1140).

Q

- Maya lawyer encroach upon the employment of another lawyer? Explain. No. It is highly unethical for a lawyer to exert efforts directly or indirectly, in any way, to encroach upon professional employment of another. (Rule 8.02). However, if a lawyer has already withdrawn his appearance for a client, the entry of his appearance is no longer an encroachment upon the business of another lawyer. (Laput vs. Ramontique, 6 SCRA 45).

Q

- May a lawyer divide a fee for legal services with one who is not licensed to practice law? Is the rule absolute? - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. The rule is not absolute as there are exceptions like: 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 the person specified in the agreement; or 2. Where a lawyer undertakes to complete unfinished 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 a profit sharing arrangement. (Rule 9.02 [a], [b], [c]).

Q

- What is the reason for the general rule above stated? -The reason is that, if attorney's fees were allowed to non-lawyers, it would leave the public in hopeless confusion in case of necessity and also to leave the bar in a chaotic condition, aside from the fact that non-lawyers are not amenable to disciplinary measures. (PAFLU vs. Binalbagan Isabela Sugar Co., 42 SCRA 303).

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- Why a lawyer cannot delegate his authority to unqualified persons to practice law? This is by reason of public policy. The practice of law is limited only to individuals duly qualified in moral character and education and who passed the Bar Examination. Public policy demands that legal work be entrusted only to those possessing tested qualifications and who are sworn to observe the rules and the ethics of the profession, as well as being subject to judicial disciplinary control for the protection of the courts, clients and the public. (PAFLU case, supra).

THE LAWYER AND THE COURTS CANON 10 - A LAWYER OWES CANDOR, FAIRNESS, AND GOOD FAITH TO THE COURT. RULE 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice; RULE 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language 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. Judge-lawyer relationship: based on independence and self-respect. Lawyer's duty to the court: a. Respect and loyalty b. Fairness, truth and candor c. No attempt to influence courts

 Cases of falsehood: a. Stating in the Deed of Sale that property is free from all liens and encumbrances when not so b. Encashing check payable to a deceased cousin by signing the latter's name on the check c. Falsifying a power of attorney and using it in collecting the money due

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to the principal. d. Alleging in one pleading that the clients were mere lessees and in another pleading that the same clients were owners e. Presenting falsified documents in court which he knows to be false f. Filing false charges on groundless suits g. Using in pleadings the IBP number of another lawyer h. Unsolicited appearances i. Use of fictitious residence certificate j. Misquotation/misrepresentation k. Citing a repealed or amended provision J. Asserting a fact not proved m. Verbatim reproductions down to the last word and punctuation mark n. Slight typo mistake: not sufficient to place him in contempt CANON ll. -A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST IN SIMILAR CONDUCT BY OTHERS. RULE 11.01- A lawyer shall appear in court properly attired. 

A lawyer may NOT wear outlandish or colorful clothing to court.

 As an officer of the court and in order to maintain the dignity and respectability of the legal profession, a I lawyer who appears in court must be properly attired. Consequently, the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire. Any deviation from the commonly accepted norm of dressing in court (barong or tie, not both) is enough to warrant a citing for contempt. RULE 11.02 - A lawyer shall punctually appear at court hearing. 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.  A lawyer is an officer of the court. He occupies a quasi-judicial office with a tripartite obligation to the courts, to the public and to his clients. 

The public duties of the attorney take precedence over his private duties. His first duty is to the courts. Where duties to the courts conflict with his duties to his clients, the latter must yield to the former.



Lawyers must be respectful not only in actions but also in the use of

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language whether in oral arguments or in pleadings. 

Must exert efforts that others (including clients, witnesses) shall deal with the courts and judicial officers with respect.



Obedience to court orders and processes.



Criticisms of courts must not spill the walls of decency. There is a wide difference between fair criticism and abuse and slander of courts and judges. Intemperate and unfair criticism is a gross violation of the duty to respect the courts. It amounts to misconduct which subjects the lawyer to disciplinary action.

 A mere disclaimer of any intentional disrespect by appellant is not a ground for exoneration. His intent must be determined by a fair interpretation of the languages employed by him. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them to mean.  Lawyer can demand that the misbehavior of a judge be put on record. 

Lawyers must be courageous enough to expose arbitrariness and injustice of courts and judges.



A lawyer may submit grievances against judges in the Supreme Court, Ombudsman", or Congress (for impeachment of SC judges only).

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.  The Court further commented that it is understandable for a party in the situation to make full use of every conceivable legal defense the law allows it. In the appraisal, however, of such attempts to evade liability to which a party should respond, it must ever be kept in mind that procedural rules are intended as an aid to justice, not as means for its frustration. Technicalities should give way to the realities of the situation. (Economic Insurance Co., Inc., vs. Uy Realty Co.) 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 - A lawyer shall not appear for trial unless he has adequately prepared himself with the law and the facts of his case, the

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evidence he will adduce and the order of Its preference. He should also be ready with the original" documents for comparison with the copies. 

Newly hired counsel: must acquaint himself with all the antecedent proceedings and processes that have transpired in the record prior to his takeover.



If presenting documentary exhibits, he must be ready with the originals for the purpose of comparison with copies thereof.

RULE 12.02 - A lawyer shall not file multiple actions arising from the same cause.  Forum shopping - omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction with intent of seeking a favorable opinion. 

Forum. ;shopping exists when as a result of an adverse opinion In one forum: a. A party seeks favorable opinion (other than by appeal or certiorari) in another; or b. When he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other would make a favorable disposition (Binguet Electric Corp. vs. Flores, 287 SCRA 449, March 12, 1998).

 The most important factor in determining the existence of forum-shopping is the VEXATION caused the courts and party-litigants by a party who asks different courts to rule on the same related causes, asking the same relief. 

Forum shopping constitutes DIRECT CONTEMPT of court and may subject the offending lawyer to disciplinary action.

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

Asking for extension of time must be in good faith.

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 a

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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.  Rights and obligations of a witness - a witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness: 1. To be protected from irrelevant, improper, or insulting questions and from harsh or insulting demeanor; 2. Not to be detained longer than the interest of justice requires; 3. Not to be examined except only as to matters pertinent to the issue; 4. Not to give any answer which will tend to subject him to a penalty for an : offense unless otherwise provided by law, or 5. Nor to give answer which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense. (Rule 132, Sec. 3, RRC) RULE 12.08- A lawyer shall avoid testifying in behalf of his client, except: a) On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or b) On substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVE THE APPEARANCE OF INFLUENCING THE COURT. RULE 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. RULE 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. RULE 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. 

The judge has the corresponding duty not to conveyor permit others to convey the

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impression that they are in a special position to influence the judge. 

Discussing cases with the judge privately should be avoided.



Test when public statement is contemptuous: The character of the act done and its direct tendency to prevent and obstruct the discharge of official duty.



To warrant a finding: of "prejudicial publicity", there must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by the "barrage" of publicity.



Lawyer is equally, guilty as the client if he induces the latter to cause the publicity.

Q

-State the basic responsibilities of a lawyer to the courts. - The Code of Professional Responsibility mandates that: 1) A lawyer owes candor, fairness, and good faith to the court; 2) A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others; 3) A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice; and 3

Q-

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. Who has the power to regulate the admission to the bar and the practice of law? The Supreme Court, as regulator and guardian of the legal profession, has plenary disciplinary authority over attorneys. The authority to discipline lawyers stems from the Court's Constitutional mandate to regulate admission to the practice of law, which includes as well authority to regulate the practice itself of law. (Zaldivar vs. Sandiganbayan, 166 SCRA 316 [1988]).

Q

- May a lawyer or anybody criticize the courts? Why? It is the cardinal condition that criticisms of courts shall be bona fide and shall not spill over the walls of decency and propriety. A wide chasm exists between fair criticisms, on the one hand, and abuse and slander of courts and the judges on the other. Intemperate and unfair criticism is gross violation of the duty of respect to courts. It is such a misconduct that subjects a lawyer to disciplinary action. The lawyer's duty to render respectful subordination to the courts is essential to the orderly administration of justice. Hence, in the assertion of

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their clients' rights, lawyers even those gifted with superior intellect are enjoined to give due respect to the courts. (Zaldivar vs. Gonzales, supra). Q - A lawyer wanted the Office of the President to review the decision of the Supreme Court. Is the act of the lawyer subject to discipline? Why? Yes, because respect to the court is an important duty of a lawyer. No other department of the government can review the decisions of the Supreme Court. What the lawyer did was even violative of the principle of separation of powers. (Maglasang vs. People, 190 SCRA 308).

Q - Is the act of a lawyer of filing baseless cases against a judge proper? Why? No. In Aparicio vs. Andal, et al., July 25, 1989, it was said that filing of baseless cases against a judge is improper. He was admonished because a lawyer has a basic duty to conduct himself with good fidelity to the courts, to be courteous, fair, not be combative and bellicose. (Sangalang vs. Gaston, Aug. 30, 1989; In re: Laureta). Q

- To whom does a lawyer owe his first and foremost duty? The lawyer's first and foremost duty is to the court. He is duty bound to comply with the lawful orders of the court. The reason is that the attorney is an officer of the court because his main mission is to assist the court in administering justice.

Q

- In Sangalang vs. Gaston, August 30, 1989, a lawyer was suspended because of his own actuations, when in his motion for reconsideration he said that the decision of the SC "reads more like a brief for Ayala." Was the lawyer's act proper? Why? .-No. The primary duty of a lawyer is to assist in the administration of justice, not to his client. His client's success is only subordinate such that, he is at liberty to advocate his client's cause in utmost earnest, but he is not at liberty to resort to arrogance, intimidation and innuendo. The act of the lawyer not only puts to serious question his own integrity and competence but also jeopardized his own campaign against graft and corruption undeniably prevailing in the judiciary. They are unbecoming as well as an assault on the honor and integrity of the court.

Q-

State the basic duties of a lawyer to the court. The attorney's duty of prime importance is to observe and maintain the respect due to the courts of justice and judicial officers. The duty to observe and maintain the respect due the court is likewise incumbent up OJ} one aspiring to be a lawyer. He should conduct himself toward judges with the courtesy that all have a right to expect

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and with the propriety which the dignity of the courts requires. For his investiture into the legal profession places upon his shoulders no burden more basic, more exacting and more intemperate than that of a respectful behavior toward the courts. A lawyer owes the court the duty to observe and maintain a respectful attitude not for the sake of temporary incumbent of the judicial office but for the maintenance of its supreme importance. (Department of Health vs. Sy Chi Siong Co., Inc., et al., G.R. No. 85289, Feb. 20, 1989). A lawyer owes candor, fairness and good faith to the Court. (Canon 10). A lawyer shall observe and maintain the respect due to the Court and to judicial officers (Canon 11) and a lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. (Canon 12). (Pentecostes vs. Judge Hidalgo, Adm. Case No. RTC 89-331, Sept. 28, 1990). A lawyer should be courteous, respectful to the courts of justice. He should be fair, not repultant, combative and bellicose in dealing with the Court. The use of disrespectful, intemperate and manifestly baseless and malicious statements in his pleadings or motions is a direct contempt of Court for which he may be disciplined. (Aparicio vs. Andal, July 25, 1989; Zaldivar vs. Gonzales, supra). Q-

In filing a pleading, etc., the lawyer deliberately changed the wordings of the law. State the effect of such act. A lawyer may be punished for contempt of court by deliberately changing the provisions of law in order to mislead the court. (Deiparine, Jr. vs. CA, 221 SCRA 503, April 23, 1993; COMELEC vs. Hon. Noynay, et al., G.R. No. 132365, July 9, 1998, 95 SCAD 818).

Q-

State the effect of submitting to the court a falsified document. Submission to the court of falsified documents constitutes willful disregard of the lawyer's duty to act at all times in a manner consistent with the truth. A lawyer should never seek to mislead the court by an artifice or false statement of fact or law. (Bautista vs. Gonzales, 182 SCRA 151, Feb. 12, 1990).

Q - State the effect of forum shopping. - Forum shopping is malpractice and constitutes contempt of court. In PNCC vs. NLRC, 172 SCRA 867, the Supreme Court said that a lawyer engages in forum shopping when he institutes a proceeding at the time the same case or an incident thereto is pending in another court or tribunal with an expectation of securing a favorable decision.

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In fact, in Danville Maritime, Inc. vs. Comm. on Audit and Comm. on Audit vs. RTC, July 28, 1989, the Supreme Court said that all cases should be dismissed without prejudice to the filing of action against the counsel concerned. No one should try to trifle with courts and abuse processes. (Crisostomo vs. SEC, November 6, 1989). A lawyer who resorts to forum shopping, continuously seeks the court where he may possibly obtain favorable judgment, thereby adding to the already clogged dockets of the courts with the unmeritorious cases he files, grossly abuses his right of recourse to the courts. By filing multiple petitions or complaints in the false hope of getting some favorable action, he obstructs the administration of justice. He is thus derelict in his duty as counsel to maintain in such admission, actions or proceeding only as appears to him to be just, and such defenses only as he believes to be honestly debatable under the law. He thus prostitutes his office at the expense of justice. (Atriaga vs. Villanueva, Adm. Case No. 1892, July 29, 1988). A counsel, who, instead of assisting in the speedy disposition of cases, makes mockery of justice, and this is guilty of gross misconduct in office may be suspended indefinitely from the practice of law until such time that he can demonstrate to the court that he has rehabilitated himself and deserves to resume the practice of law. Q- Is a lawyer first and foremost the defender of his client or an officer of the court? Explain. - A lawyer is not merely the defender of his client's cause and a trustee of his client in respect of the client's cause of action and assets; he is also, first and foremost, an officer of the court and participates in the fundamental function of administering justice in society. It follows that a lawyer's compensation for professional services rendered are subject to the supervision of the court, not just to guarantee that the fees he charges and receives remain reasonable and commensurate with the services rendered, but also to maintain the dignity and integrity of the legal profession to which he belongs. Upon taking his attorney's oath as an officer of the court, a lawyer submits himself to the authority of the courts to regulate his right to charge professional fees. (Sumaoang vs. Judge, RTC Br. XXXI, Guimba, Nueva Ecija, 215 SCRA 136, Oct. 26, 1992). Q - State the effect of the willful filing of multiple frivolous and baseless complaints. A lawyer who files multiple petitions may be held liable for willful violation of his duties as an attorney. The filing of multiple petitions constitutes abuse of the Court's processes and improper conduct that tends to impede, obstruct and degrade the due administration of justice. Claim of good faith alone is not enough to be exonerated from

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contempt. (Kalilid Wood Industries Corp. vs. CA, 197 SCRA 735, May 31,1991; Eternal Gardens Memorial Park Corp. vs. CA, et al., August 5, 1998, 97 SCAD 93). Complainant's (lawyer) wanton disregard of the Supreme Court's stern warning not to file baseless and frivolous complaints and his adamant refusal to abide by Canon 11, Rule 11.03 and Rule 11.04 of the Code of Professional Responsibility have shown his unfitness to hold the license to practice law. (Balaoing vs. Calderon, 221 SCRA 533). Q

- A government lawyer filed a petition for certiorari as a special civil action before the Supreme Court and later filed an appeal with the Court of Appeals, without withdrawing the first case. Is the act of the lawyer proper? Explain.

No, because he owes the following duties to the court: a.)

A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. (Canon 10.03, Canon 10, CPR); and

b.)

A lawyer shall not file multiple actions from the same cause. (Rule 12.02, Canon 12, CPR).

Q-

A party is not allowed to pursue simultaneous remedies in two (2) different for a because such practice works havoc on orderly judicial procedure. Explain. The filing of the petition for certiorari borders on the censurable as it trifles with the courts, abused their processes, and added to the already heavily burdened dockets. While counsel may owe entire devotion to the interest of his client, his privilege to practice law carries with it certain correlative duties to the court, one of which is to assist in the speedy and efficient administration of justice and not saddle the court with multiple actions arising from the same case. The lawyer has the duty to be more circumspect in dealing with the courts. The SC said that 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. (PRC, et al. vs. CA, et al., G.R. No. 117817, and PRC, et al. vs. Hon. Nitafan, et al., G.R. No. 118437, July 9, 1998, 95 SCAD 732).

Q-

A lawyer filed a motion for extension of time to file a motion for reconsideration at the MTC. What duty did he violate? Why? -The lawyer has the duty to keep abreast with jurisprudence. In filing a motion for extension of time to file Motion for Reconsideration with

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the MTC, or RTC or Court of Appeals, he has failed to observe the responsibility imposed on him as a member of the Bar to keep abreast with the latest developments in the law. (Uy vs. CA, et al., G.R. No. 126337, February 12, 1998, 91 SCAD 715).

THE LAWYER AND THE CLIENT CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. RULE 14.01A 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 14.01 is applicable only in criminal cases. In criminal cases, a lawyer cannot decline to represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges filed against him. In representing the accused or respondent, the lawyer must only use means which are fair and honorable. (Rule 138, sec.20[l], Revised Rules of Court) 



Rule 14.01 is not applicable in civil cases because "(c) To counselor maintain such actions or proceedings only as appear to him to be just. and such defenses only ~s he believes to be honestly debatable under the law." (Rule 138, sec. 20[C},1 Revised Rules of Court) When the lawyer signs a complaint or answer, his signature is deemed a certification 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." (Rule 7, sec. 3, Revised Rules of Court) For violating this rule, the lawyer may be subjected to disciplinary action.

RULE 14.02 A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. RULE 14.03 A lawyer may not refuse to accept representation of an indigent client unless: (a) he is not in a position to carry out the work effectively or competently; (b)he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. RULE 14.04 A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct

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governing his relations with paying clients. Duties to Client: a. Owe utmost learning and ability b. Maintain inviolate the confidence of the client c. Disclose all circumstances/interest regarding the controversy d. Undivided loyalty e. Not reject cause of defenseless and oppressed f. Candor, fairness and loyalty g. Hold in trust money or property h. Respond with zeal to the cause of the client



Appointment of Amicus Curae a. By application to the judge b. The judge on his own initiative may invite the lawyer c. No right to interfere with or control the condition of the record, no control over the suit



Cannot refuse on the ground of insufficient of compensation or lack of it

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT. RULE 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. RULE 15.02 A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Rule on Revealing Client's Identity 

General Rule: A lawyer may not invoke privilege communication to refuse revealing a client's identity. (Rega/a vs. Sandiganbayan, 262 SCRA 122, September 20, 1996) Exceptions: 1. When by divulging such identity, it would implicate the client to that same Controversy for which the lawyer's services were required. 2. It would open client to civil liability 3. The disclosure of such identity will provide for the only link in order to convict the Accused, otherwise, the government has no case.



Requisites of Communication:

Privileged

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a. Atty.-client relationship (or a kind of consultancy relationship with a prospective Client . b. Communication made by client to lawyer in the course of lawyer's professional employment . c. Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of Court) 

When communication is not privileged: a. After pleading has been filed [pleading ceases to be privileged communication becomes part of public records] b. Communication intended by the client to be sent to a third person through his counsel (it loses its confidential character as soon as it reaches the hands of third person) c. When the communication sought by client is intended to aid future crime d. When communication between attorney and client is heard by a third party - third party testimony is admissible as evidence, 

Even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person, to the disadvantage of the' client, the said communication unless the client consents thereto.



This is applicable to students under the Student Practice Law Program

RULE 15.03A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Rule on Conflicting Interest It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. It is highly improper to represent both sides of an issue. The proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable however slight such adverse interest maybe. It applies although the attorney’s intention and motives were honest and he acted in good faith. However, representation after full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758). 

General Rule: An attorney Cannot represent adverse interest. Exception: Where the parties consent to the representation after full disclosure of facts.



The TEST in determining Conflicting Interest: The test is whether or

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not the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness in double-dealing in the performance thereof. (Tiana vs. Ocampo) RULE 15.04A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. 

At a certain stage of the controversy before it reaches the court, a lawyer may represent conflicting interests with the consent of the parties. A common representation may work to their advantage since a mutual lawyer, with honest motivations and impartially cognizant of the parties’ disparate positions may well be better situated to work out an acceptable settlement. (Donald Dee vs. CA, 176 SCRA 651)

RULE 15.05 - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. 

It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, then it is his duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate.

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.  Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of their client's cause. A careful investigation and examination of the facts must first be had before any legal opinion be given by the lawyer to the client. 

To avoid breach of legal ethics, a lawyer should keep any business, in which is engaged in concurrently with the practice of law, entirely separate and apart from the latter.

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CANON 16 - A LAWYER SHALL HOLD IN TRUSTS ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION. RULE 16.01 A lawyer shall account for all the money or property collected or received for or from the client. RULE 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him RULE 16.03 A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Attorney’s Liens - an attorney shall have a lien upon the funds, documents and Papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such fines to the satisfaction thereof. He shall also have a lien to the same extent upon all Judgments for the payment of money, and executions issued in pursuance of such Judgments which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his fees and disbursements. (Sec. 37, Rule 138, Revised Rules of Court) 

Prohibition on Purchase of Client's Property: art. 1491: Civil Code Art. 14-1: The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government owned or controlled corporation, or Institution, the administration of which has been entrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and, other officers and employees connected with the administration of justice, the property and rights litigation or levied upon an execution before the court within whose jurisdiction or territory they

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exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any Litigation in which may take part by virtue Of their profession. RULE 16.04 A lawyer shall not borrow money from his client unless the client's interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.  Attorney's lien is not an excuse for non-rendition of accounting. 

Cannot disburse client's money to client's creditors without authority.



Failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him. Notify client if retaining lien shall be implemented.

 

When a lawyer enforces a charging lien against his Client, the clientlawyer relationship is terminated.



The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his influence over the client or to avoid acquiring a financial interest in the outcome of the case.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. 

NO fear of judicial disfavor or public popularity should restrain him from full discharge of his duty.



It is the duty of the lawyer at the time of retainer to disclose to the client all the Circumstances of his relations to the parties and any interest in, or connection with, The controversy which might influence the client in the selection of counsel.



The lawyer owes loyalty to his client even after the relation of attorney and client has terminated. (Lorenzana Food Corp. vs. Daria, 197 SCRA428) It is not good practice to permit him afterwards to defend in another case other persons against his former client under the pretext that the case is distinct from and independent of the former case.

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CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. 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. RULE 18.02 - A lawyer shall not handle any legal matter without adequate preparation. RULE 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. RULE 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. 

Competence: sufficiency of lawyer's qualification to deal with the matter in question and includes knowledge and skill and the ability to use them effectively in the interest of the client in a reasonable time to the client's Request for information.



A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and developments in all branches of law.



There must be extraordinary diligence in prosecution or defense of his client's cause. If a lawyer errs like any other human being, he is not answerable for every error or Mistake, and will be protected as long as he acts honestly and in good faith to the Best Of his skill and knowledge.





Lawyer is not an insurer of the result of a case where he is engaged as counsel.



Attorneys have authority to bind their clients In any case by any agreement in relation they made in writing, and in taking appeals, and in all matters or ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation or receive anything in discharge of a client's claim, but the full amount in cash. (FAR Corp. vs. JAC, 157 SCRA 698)

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CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. RULE 19.02 A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.

RULE 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. 

General Rule: Negligence binds client

Exception: Reckless imprudence (deprives client of due process) Results in outright deprivation of one's property through technicality 

Must not present in evidence any document known to be false; nor present a false witness.  Negative pregnant is improper since it is an ambiguous pleading (improper if in bad faith and the purpose is to confuse the other party) In defense: present every defense the law permits. 

Lawyer should do his best efforts to restrain and to prevent his clients from perpetrating acts which he himself ought not to do. Or else, withdraw. But lawyer shall not volunteer the information about the client's commission of fraud anyone counter to duty to maintain client’s confidence and secrets.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. RULE 20.01 - A lawyer shall be guided by the following factors in determining his fees: (a) The time spent and the extent of the services rendered or

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required; (b)The novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d)The skill demanded; (e) The probability of losing other employment as a result of acceptance of the proffered case; (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; (g)The amount involved in the controversy and the benefits resulting to the client from the services; (h)The contingency or certainty of compensation; (i) The character of the employment, whether occasional or established; and (j) The professional standing of the lawyer. Kinds of Payment which may be stipulated upon: A fixed or absolute fee which is payable regardless of the result of the case b. A contingent fee that is conditioned to the securing of ,a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis, c. A fixed fee payable per appearance d. A fixed fee computed by the number of hours spent e. A fixed fee based on a piece of work

 Attorney's Fees a. Ordinary attorney's fee - the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. The basis for this compensation is the fact of his employment by and his agreement with the client. b. Extraordinary attorney's fee.. an indemnity for damages ordered by the court to be paid by the losing party In litigation. The basis for this is any of the cases provided for by law where such award can be made, such as those authorized in Article 2208 of the Civil Code, and is payable NOT to the lawyer but to the client, unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. 

How attorney's fees may be claimed by the lawyer: 1. It may be asserted either in the very action in which the services of a lawyer had been rendered or in a separate action.

2. A petition for attorney's fees may be filed before the judgment in favor of the client is satisfied or the proceeds thereof delivered to the client. 3. The determination as to the propriety of the fees or as to the amount thereof will have to be held in abeyance until the main case from which the lawyers claim for attorney's fees may arise has become final. Otherwise, the

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determination of the courts will be premature. 

Contracts for employment may either be oral or express. It is oral when the counsel is employed without a written agreement - but the conditions and amount of attorney’s fees are agreed upon. A written agreement is not necessary to prove a client's obligation to, pay attorney's fees. (Peyer VS. Peyer, 77 Phil 366)



Kinds of Retainer Agreements on Attorney’s fees: a. General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his future services as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action; b. Special Retainer – it means “as much as he deserves”, and his used as the basis for determining the lawyer’s professional fees in the absence of a contract, but recoverable by him from his client.



Quantum Meruit is resorted to where: a. There is no express contract for payment of attorney's fees agreed upon between the lawyer and the client; b. When although there is a formal contract for attorney's fees, the stipulated fees are found unconscionable or unreasonable by the court. c. When the contract for attorney's fees is void due to purely formal matters or defects of execution d. When the counsel, for justifiable cause, was not able to finish the case to its conclusion . e. When lawyer and client disregard the contract for attorney's fees.



Skill: length of practice is not a safe criterion of professional ability.

RULE 20.02 A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. RULE 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. 

Exception. A lawyer may receive compensation from a person other than his client when the latter has full knowledge and approval thereof. (Rule 138, sec. 20[e], Revised Rules of Court}

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RULE 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice and fraud.  Unauthorized counsel: Not entitled to attorney's fees. 

Stipulation regarding payments of attorney's fees is not illegal/immoral and is enforceable as the law between the parties provided such stipulation does not contravene law, good morals, etc.



When counsel cannot recover full amount despite written contract for attorney’s fees: a. When he withdraws before the case is finished b. Justified dismissal ()f 'attorney (payment: in quantum meruit only)

 The reason for the award of attorney's fees must be stated in the text of the decision; otherwise, if It is stated only in the dispositive portion of the decision, the same must be disallowed on appeal. 

Even though the interest or property involved is of considerable value, if the legal services rendered do not call for much efforts there is no justification for the award of high fees.



Compensation to an attorney for merely recommending another lawyer is improper (agents)

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Attorney's fees for legal services shared or divided to non-lawyer is prohibited. Division of fees is only for division of service or responsibility.

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A lawyer should try to settle amicably any differences on the subject. A lawyer has 2 options. Judicial action to recover attorney's fees; a. In Same case: Enforce attorney's fees by filing an appropriate motion or petition as an incident to the main action where he rendered legal services. b. In case separate civil action.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. 

Confidence - refers to information protected by the attorney-client privilege (Revised

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Rules of Court) 

Secret - refers to other information gained in the professional relationship that the client has regulated to be held Inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client.

An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employees, concerning any fact the knowledge of which has been acquired in such capacity (Rule 130, Sec. 21 (b), Revised Rules RULE 21.01 - A lawyer shall not reveal the confidences or secrets of his client except: a) When authorized by the client after acquainting him of the consequences of the disclosure; b) When required by law; c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.  When properly authorized after having been fully informed of the consequences to reveal his confidences/secrets, then there is a valid waiver. . 

Art. 209. Betrayal of Trust by an Attorney or Solicitor. Revelation of secrets. In addition to the proper administrative action, the penalty of prison correctional in its minimum period, or a fine ranging from P200 to P1000, or both, shall be imposed upon any attorney at law or solicitor who, by any malicious break of professional duty as inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney at law or solicitor who, having undertaken the defense of a client, or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client (Rule 209, Revised Penal Code)



General Rule: Obligation to keep secrets covers only lawful purposes Exceptions: a. Announcements of intention of a client to commit a crime b. Client jumped bail and lawyer knows his whereabouts; or client is living somewhere under an assumed name c. Communication involves the commission of future fraud or crime but crimes/frauds "already committed" falls within the privilege

RULE 21.02 A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same

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to his own advantage or that of third person, unless the client with full knowledge of the circumstance consents thereto. RULE 21.03 A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical bookkeeping, accounting, data processing, or any similar purpose. RULE 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. RULE 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the client. RULE 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. RULE 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest. 

Avoid committing calculated indiscretion - accidental revelation of secrets obtained in his professional employment.



Prohibition applies, even if the prospective client did not thereafter actually engage the lawyer.

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. RULE 22.01 - A lawyer may withdraw his services in any of the following cases: a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b) When the client insists that the lawyer pursue conduct violative of these canons and rules; c) When his inability to work with co-counsel will not promote the best interest of the client; d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; f) When the lawyer is elected or appointed to public office; and g) Other similar cases. h) Kinds of Appearance: (a) General appearance is when the party comes to court either as plaintiff or defendant and seeks general reliefs from the court for satisfaction of his

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claims or counterclaims respectively. (b) Special appearance is when a defendant appears in court solely for the purpose of objecting to the jurisdiction of the court over his person. The aim is simply the dismissal of the case. If the defendant seeks other reliefs, the appearance, even if qualified by the word special, is equivalent to a general appearance. RULE 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.  If a person, in respect to his business affairs or troubles of any kind, consults with his atty. in his professional capacity with the view of obtaining professional advice or assistance, and the atty. voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established. (Hi/ado vs. David, 84 Phil. 589) 

The withdrawal as counsel of a client or the dismissal by the client of his counsel must be in a formal partition filed in the case. Atty.-client relationship does not terminate formally until there is withdrawal made of record. Unless properly relieved, counsel is responsible for the conduct of the case. (Tumbangahan vs. CA, 165 SCRA 485)

1.NATURE 2. BASIS 3. COVERAGE

4. WHEN LIEN TAKES EFFECT 5. NOTICE 6. APPLICABILIT Y 

RETAINING LIEN Passive Lien: It cannot be actively enforced. It is a general lien Lawful possession of papers, documents, property belonging to client. Covers only papers, documents and property in the lawful possession of the attorney by reason of his professional employment. As soon as the attorney gets possession of the papers documents or property Client need not be notified to make it effective May be exercised before judgment or execution or regardless thereof.

CHARGING LIEN ACTIVE LIEN: It can be enforced by execution. It is a special lien. Securing of a favorable money judgment for the client. Covers all judgment for the payment of money and executions issued in pursuance of such judgments. As soon as the claim for attorney’s fees had been entered into the records of the case. Client and adverse party must be notified to make it effective Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client

Withdrawal as counsel for a' client, an attorney may only retire from a

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case either by written consent of his client or by permission of the court after due notice and hearing, in which event the attorney should see to it that the name of the new attorney is recorded in the case. 

An attorney who could not get the written consent of his, client must make an application to the court, for the relation does not terminate formally until there is a withdrawal of record. Counsel has no right to presume that the court would grant his withdrawal and therefore must still appear on the date of hearing.



Requirements for the Substitution of Counsel in a Case: a. Written application b. Written consent of client c. Written consent of attorney to be substituted d. If the consent of the attorney to be substituted cannot be obtained, there must be at least a proof of notice that the motion for substitution has been served upon him, in the manner prescribed by the rules.



A lawyer cannot recover compensation from one who did not employ or authorize his employment, however valuable the results of his services may have been to such person. In similar cases, no compensation when: a. Client conducts himself in a manner which tends to degrade his attorney; b. Client refuses to extend cooperation; c. Client stops having contact with him.



The right of a client to terminate a lawyer is absolute. Such termination may be with or without cause.



The attorney-client relationship is terminated by: (1) Withdrawal of the lawyer under Rule 22.01; (2) Death of the lawyer, unless it is a Law Firm, in which case, the other partners may continue with the case; (3) Death of the client as the relationship is personal, and one of agency (4) Discharge or dismissal of the lawyer by the client, for the right to dismiss a counsel is the prerogative of the client, subject to certain limitations; (5) Appointment or election of a lawyer to the government position which prohibits private practice of law; (6) Full termination of the case or case; (7) Disbarment or suspension of the lawyer from the practice of law; (8) Intervening incapacity or incompetence of the client during the pendency of the Case, for then the client loses his capacity to contract, or to control the subject matter of the action. The guardian may authorize the lawyer to continue his

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employment; (9) Declaration of the presumptive death of the lawyer (art. 390, New Civil Code; art. 41, Family Code) (10) Conviction for a crime and imprisonment of the lawyer

LIABILITIES OF LAWYERS 

Civil Liability a. Client is prejudiced by lawyer’s negligence or misconduct b. Breach of fiduciary obligation b. Breach of fiduciary obligation c. Civil liability to third persons d. Libelous words in pleadings; violation of communication privilege e. Liability for costs of suit (treble costs) - when lawyer is made liable

for insisting on client's patently unmeritorious case or interposing appeal merely to delay litigation  Criminal Liability a. Prejudicing client through malicious breach of professional duty b. Revealing client's secrets c. Representing adverse interests d. Introducing false evidence e. Misappropriating client's funds (estafa) 

Contempt of Court a. Kinds of Contempt: 1. Direct - consists of misbehavior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice; punished summarily. 2. Indirect - one committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court. 3. Civil- failure to do something ordered by the court which is for the benefit of a party. 4. Criminal - any conduct directed against the authority or dignity of the court.  The exercise of the power to punish contempt has a twofold aspect, namely (1)the proper punishment of the guilty party for his disrespect to the court or its order; and

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(2)to compel his performance of some act or duty required of him by the court which he refuses to perform. A civil contempt is the failure to do something ordered to be done by a court or a judge for the benefit of the opposing party therein; and a criminal contempt is conduct directed against the authority and dignity of a court or of a judge, as in unlawfully assailing or discrediting the authority or dignity of a court or of a judge, or in doing a duly forbidden act. Where the punishment imposed, whether against a party to a suit or a stranger, is wholly or primarily to protect or vindicate the dignity and power, either by fine payable to the government or by imprisonment, or both, it is deemed a judgment in criminal case. Where the punishment is by fine directed to be paid to a party in the nature of damages for the wrong inflicted, or by imprisonment as coercive measure to enforce the performance of some act for the benefit of the party or in aid of the final judgment or decree rendered in his behalf, the contempt judgment will, if made before final decree, be treated as in the nature of an interlocutory order, or, if made after final decree, as a remedial in nature, and may be reviewed only on appeal from the final decree, or in such other mode as is appropriate to the review of judgments in civil cases. The question of whether the contempt committed is civil or criminal, does not affect the jurisdiction or the power of a court to punish the same.(Halili vs. CIR, 136 SCRA 112) b. Acts Constituting Contempt: 1. Misbehavior 2. Disobedience 3. Publication concerning pending litigation 4. Publication tending to degrade -the court disrespectful language in Pleadings 5. Misleading the court or obstructing justice 6. Unauthorized practice of law 7. Belligerent attitude 8. Unlawful retention of client's funds 

The power to punish for contempt and the power to disbar are separate and distinct, and that the exercise of one does not exclude the exercise of the other. (People vs. Godoy, 243 SCRA 64)

ADMINISTRATIVE LIABILITIES OF LAWYERS Main Objectives of Disbarment and Suspension:

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1. To compel the attorney to deal fairly and honestly with his clients; 2. To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of all attorney; 3. To punish the lawyer; 4. To set an example or a warning for the other members of the bar; 5. To safeguard the administration of justice from Incompetent and dishonest Lawyers; 6. To protect the public . I  Characteristics of Disbarment Proceedings: 1. Neither a civil nor criminal proceedings; 2. Double jeopardy cannot be availed of In a disbarment proceeding; 3. It can be initiated motu propio by the SC or IBP. It can be initiated without a complaint; 4. It is imprescriptible; 5. Conducted confidentially; 6. It can proceed regardless of the interest of the lack thereof on the part of the complainant; 7. It constitutes due process. 

Grounds for Disbarment or Suspension: 1. Deceit; 2. Malpractice or other gross misconduct in office; 3. Grossly immoral conduct; 4. Conviction of a crime involving moral turpitude; 5. Violation of oath of office; 6. Willful disobedience of any lawful order of a superior court; 7. Corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. 27, Rule 138, RRC)



Pr0cedure for Disbarment a. Institution either by: 1. The Supreme Court, motu proprio, or 2. The ISP, motu proprio, or 3. Upon verified complaint by any person b. Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its chapter and shall be forwarded to the IBP Board of Governors. c. Investigation- by the National Grievance Investigators. d. Submission of investigative report to the ISP Board of Governors. e. Board of Governors decides within 30 days. f. Investigation by the Solicitor-General g. SC renders final decision for disbarment/suspension/dismissal.

Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY evidence. "'1 Burden of Proof. Rests on the COMPLAINANT, the one who Instituted the suit

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

Officer authorized to investigate Disbarment cases: 1. Supreme Court '.I 2. IBP through its Commission on Bar Discipline or authorized investigator 3. office of the Solicitor General



Mitigating Circumstances in Disbarment: 1. Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste, 70 Phil. 243) 2. Inexperience of the lawyer (Munoz v. People, 53 SCRA 190) 3. Age (Lantos v. Gan, 198 SCRA 16) 4. Apology (Munoz v. People, 53 SCRA 190) 5. Lack of Intention to slight or offend the Court (Rheem of the Philippines, Inc. v. Ferrer, 20 SCRA 441).

REINSTATEMENT Reinstatement - the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law. 

The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate rules (;>0 the admission of applicants to the practice of law. (art. VIII, sec. 5[5], 1987Consfitution).



Criterion. The applicant must, like a candidate for admission to the Bar, satisfy the Court that he is a person of good moral character - a fit and proper person to practice law. The Court will take into consideration the applicant's character and standing prior to the disbarment, the nature and character of the charge for which he was disbarred, his conduct subsequent to the disbarment, and the time that has elapsed between the disbarment and the application for reinstatement. Whether or not the applicant shall be reinstated rests on the discretion of the court. (Prudential Bank VS. Benjamin Grecia, 192 SCRA 381).



Reinstatement to the roll of attorneys wipes out the restrictions and disabilities resulting from a previous disbarment. (Cui vs: Cui, 11 SCRA 755)



The Supreme Court, in addition to the required rehabilitation of the applicant for reinstatement may require special conditions to be fulfilled by the applicant. PARDON



Q: Is a disbarred lawyer due to conviction for a crime automatically reinstated to the practice of law upon being pardoned by the President? A: To be reinstated, there is still a need for the filing of an appropriate

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ petition with the Supreme Court. (In re: Rovero, 101 SCRA 803) 

If during the pendency of a disbarment proceeding, the respondent was granted executive pardon, the dismissal of the case on that sole basis wiU depend on whether the executive pardon is absolute or conditional. If the pardon is absolute or unconditional, the disbarment case will be dismissed. However, if the executive pardon is conditional, the disbarment case will not be dismissed on the basis thereof. . SPECIAL DISABILITIES OF LAWYERS

The following persons are prohibited from acquiring property under litigation by reason of the relation of trust or their peculiar control either directly or indirectly and even at a public or judicial auction: . 1. Guardians; 2. Agents 3. Administrators 4. Public officers and employees 5. Judicial officers and employees 6. Prosecuting attorney’s and lawyers (Art 1491 f NCC) 7. Those specially disqualified by law (Rubias vs. Batilles, 31 SCRA 120)  Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294) a. There must be an attorney-client relationship b. The property or interest of the client must be in litigation c. The attorney takes part as counsel in the case d. The attorney by himself or through another purchases such interest during the pendency of the litigation. 

General Rule: A lawyer may not purchase, even at a public or judicial auction, in person or through the mediation of another, any property or interest involved in any' litigation in which he may take part by virtue of his profession. This prohibition is entirely independent of fraud and such need not be alleged or proven. Effects: a. Malpractice on the part of the lawyer and may be disciplined for misconduct b. Transaction is null and void



Exceptions: a. Property is acquired by lawyer through arrangement b. Any of the 4.e.Ie.ments of Art. 1491 is missing

a

contingent

fee

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- State the basic responsibilities of a lawyer to his client. The Code of Professional Responsibility prescribes the following as responsibilities of a lawyer to his client, to wit: 1. A lawyer shall not refuse his services to the needy; 2. A lawyer shall observe candor, fairness, and loyalty in all his dealings and transactions with his clients; 3. A lawyer shall hold in trust all moneys and properties of his client that may come into his possessions; 4. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him; 5. A lawyer shall serve his client with competence and diligence; 6. A lawyer shall represent his client with zeal within the bounds of the law; 7. A lawyer shall charge only fair and reasonable fees; 8. A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relationship is terminated; and 9. A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.

Q

- What is the significance of the duty of a lawyer that he shall not refuse his services to the needy? - It is an implementation of the constitutional guarantee that free access to the courts shall not be denied the citizens by reason of poverty. It also implements the time-honored principle that a lawyer shall delay no man for money or malice. It must be recalled that the business of a lawyer is basically public service and not for business purposes.

Q

- A, a lawyer was appointed counsel de oficio by the court. Since he is a mere counsel de oficio, will it affect his relationship with his client considering that he has no compensation? Why? - No. The fact that an attorney merely volunteers his services or that he is only a counsel de oficio does not diminish or alter the degree of professional responsibility owed to his client. (People vs. Rio, 201 SCRA 702). The reason is that a lawyer should represent his client with zeal within the bounds of the law.

Q

- Should a lawyer in the discharge of his duties to his clients

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present every remedy regardless of his personal views? Why? - Yes. A lawyer owes entire devotion to the interests of his clients, warmth and zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability; to the end that nothing can be taken or withheld from his client except in accordance with law. He should present every remedy or defense regardless of his own personal views. In the full discharge of his duties to his client, the lawyer should not be afraid of the probability that he may displease the judge or the general public. (Legarda vs. CA, 195 SCRA 418). Q

- What should a lawyer do to ensure that communications to him will reach him promptly? - A lawyer should so arrange matters that official and judicial communications sent by mail will reach him promptly and should he fail to do so, not only he, but his client as well must suffer the consequences of his negligence. Where a lawyer moved from his address on record, and did not notify the court thereof, resulting in failure to receive notice of the decision the Supreme Court held that there was negligence. But the client must suffer the consequences. (Villa Transport Service, Inc. vs. CA, 193 SCRA 25).

Q

- What is the duty of a lawyer with respect to his pleadings, etc. before filing the same? Why? - It is the bounden duty of a lawyer to check, review, and re-check the allegations in his pleadings, more particularly the quoted portions, and ensure that the statements therein are accurate and the reproductions faithful, down to the last word and punctuation mark. The legal profession demands that a lawyer thoroughly go over pleadings, motions, and other documents dictated or prepared by him, typed or transcribed by his secretaries or clerks, before filing them with court. If a client is bound by the acts of his counsel, with more reason should counsel be bound by the acts of his secretary who merely follows his order. The distortion of facts, misquoting or intercalating phrases in the text of a court decision, committed by counsel, with the willing assistance of his secretary, is a grave offense and should not be treated lightly because it is a serious violation of one's Oath as a member of the Bar, and under the Code of Professional Responsibility. (Adez Realty, Inc. vs. Court of Appeals, 212 SCRA 623).

Q - What should a lawyer do when he receives an adverse decision? Explain. - He should inform his client about the adverse decision. If he fails to do so, he is considered as having failed to exercise due diligence of counsel. A lawyer handling a case must give his entire devotion to the interest of his client. Neither shall he neglect a legal matter entrusted to him for his negligence therewith shall render him liable. He can be

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suspended. (Francisco vs. Bosa, 205 SCRA 722). Q - The Law Firm of A, B, and C represented X in a case. A is personally handling the case. While preparing the brief, A died. What should the Law Firm do? Why? .

- The Law Firm should have re-assigned the case to another lawyer for the purpose of preparing the brief or it could have withdrawn as counsel in the manner provided by the rules so that the client can contract the services of a new lawyer. The negligence of the law firm in this matter binds the client. Besides, the client himself was negligent when he failed to make inquiries with respect to the status of his case, he being a close friend of the lawyer who handled it. The fact should have made him more vigilant with respect to the case at bar, as he failed to do so, its plea that it was not accorded the right to procedural due process cannot elicit either approval or sympathy. (B.R. Sebastian Enterprises vs. Court of Appeals, 206 SCRA 28) Q - A lawyer was tardy in his appearance before a judge in a case, hence, it was considered submitted for resolution. After learning of the incident, he asked the Court to reconsider it and the judge told him to file a motion for reconsideration. He did not notify his client of the turn of events. Explain the effect of his acts. - His failure to file the motion for reconsideration despite the instruction of the judge amounts to negligence. His explanation that the judge already advised him of the improbability of reconsideration is devoid of merit. He still should have taken the proper steps in order to prevent the judgment from becoming final and executory. Worse, he did not even notify his client of the status of the case, even after he received notice of the decision. He should not have gone to Iloilo without leaving someone in his office to act on urgent matters and to notify him of developments in the case he was handling. This is sheer lack of professional sincerity. Counsel was suspended from practice for one year. (Perla Compania de Seguros vs. Santisteban, 207 SCRA 153).

Q

- Is clerical inefficiency of a lawyer's staff like failure to file a brief a valid defense in a charge of negligence of a lawyer? Why? No. A responsible lawyer is expected to supervise the work in his office with respect to all pleadings to be filed in court, and he should not delegate this responsibility completely to his office secretary. Otherwise, irresponsible members of the bar can avoid disciplinary action by simply attributing the fault to the office secretary. (Gutierrez vs. Zulueta, 187 SCRA 64).

Q

- The Law Firm of A, Band C has a branch office in Cebu City where D is assigned or represents himself to be the lawyer in

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the branch office. Is service upon him binding upon the main office? Why? -Yes. Where a lawyer represents himself to be part of one law firm, service on that lawyer in his branch office will be a valid service, and the law firm cannot be allowed to pretend that its main and branch offices are separate law firms with separate and distinct personalities. (Quano Arrastres vs. Alsonas, 20 SCRA 619). Q - At the hearing of a case, the counsels agreed to consider the case submitted for decision on the basis of the evidence, excluding certain amounts of interests and nominal damages. When the judgment adverse to one party was rendered, he moved to annul the same contending that such act constituted a compromise which his counsel was not authorized to do. Rule on his contention and explain. This was not a compromise or stipulation of facts or confession of judgment. If at all, there was only a mutual waiver on the part of both parties (right to present evidence for defendant, and interests and stipulated attorney's fees for plaintiff). The counsels in this case had the implied authority to do all the acts necessary or incidental to the prosecution and management of the suit in behalf of their clients who were all present but never objected to the disputed order of the court. They have the exclusive management of the procedural aspect of the litigation including the enforcement of the rights and remedies of the client. Thus, when the case was submitted for decision on the evidence so far presented, the counsel for private respondents acted within the scope of his authority as agent and lawyer in negotiating for favorable terms for his client. Parties are bound by the acts and mistakes of their counsel in procedural matters. Mistakes of counsel as to the relevancy and irrelevancy of certain evidence or mistakes in the proper defense, in the introduction of certain evidence, or in argumentation are, among others all mistakes of procedure, and they bind the client, as in the instant case. (Mobil Oil vs. CFI Rizal, 208 SCRA 523). Q - The mistake of a lawyer generally binds the client. Is the rule absolute? Explain. - No. Though as a general rule, the client is bound by the mistakes or negligence of his lawyer, the Supreme Court has made an exception. Where the lawyer's lack of devotion to the client is so gross and palpable that the court must come to the aid of the distraught client. This was the situation in Legarda vs. CA, 195 SCRA 418, where the lawyer merely filed a Motion for Extension of Time to file an answer, and thereafter did nothing else. Q

- Give an example of a case of gross negligence of a lawyer which does not bind his client and an exception to the same.

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Where a lawyer did not file an answer for his client despite an extension of time therefor having been granted, resulting in an adverse judgment and then failed to appear and then allowed the period to file a petition for relief to lapse, and thereafter did not file a petition for annulment of the judgment in the appellate court despite being asked by his client to do so, he is guilty of gross and inexcusable negligence that effectively denied the client of her day in court, depriving her of her property without due process of law. In this case, the client is not bound by the actions of counsel. (Legarda vs. Court of Appeals, 195 SCRA 418). But where the client knew all along that their counsel was not attending to their case, did not take steps to change counselor attend to their cases until it was too late, and continued to retain the service of the negligent counsel despite full knowledge of his lapses, they cannot raise that negligence to warrant reversal of the adverse decision. (Boyer-Roxas vs. Court of Appeals, 211 SCRA 470). Q - May the Court discipline a lawyer even if his act is not covered by a client-lawyer relationship between the complainant and himself? Explain. Yes. In fact, in Lizaso vs. Amante, A.C. No. 2019, June 3, 1991, 198 SCRA 1, where Atty. Amante enticed complainant to invest in the casino business with the proposition that her investment would yield her an interest of 10% profit daily, and Atty. Amante not only failed to deliver the promised return on the investment but also the principal thereof (P5, 000.00) despite complainant's repeated demands, the Supreme Court said: “As early as 1923, however, the Court laid down in In Re Vicente Pelaez [44 Phil. 567 (1923) J the principle that it can exercise its power to discipline lawyers for causes which do not involve the relationship of attorney and client In disciplining the respondent, Mr. Justice Malcolm said: As a general rule, a court will not assume jurisdiction to discipline one of its officers for misconduct alleged to have been committed in his private capacity. But this is a general rule with many exceptions x x x The nature of the office, the trust relation which exists between attorney and client, as well as between court and attorney, and the statutory rules prescribing the qualifications of attorneys, uniformly require that an attorney shall be a person of good moral character. If that qualification is a condition precedent to a license or privilege to enter upon the practice of the law, it would seem to be equally essential during the continuance of the practice and the exercise of the privilege. So it is held that an attorney will be removed not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his

FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ professional duties, which shows him to be unfit for the office and unworthy of the privileges which his license and the law confer upon him.. Q

- In 1965, Jose Nakpil became interested in purchasing a summer residence in Moran Street, Bagnio City. For lack of funds, he requested the respondent to purchase the Moran property for him. They agreed that respondent would keep the property in trust for Nakpil until the latter could buy it back. Pursuant to their agreement, respondent obtained two (2) loans from a bank (in the amounts of P65, 000.00 and P75, 000.00) which he used to purchase and renovate the property. Title was then issued in respondent's name. It was Nakpil who occupied the Moran summer house. When Jose Nakpil died on July 8, 1973, respondent acted as the legal counsel and accountant of his widow, complainant IMELDA NAKPIL. On March 9, 1976, respondent's law firm, Carlos J. Valdes and Associates, handled the proceeding for the settlement of Jose's estate. Complainant was appointed as administratriX of the estate. The ownership of the Moran property became an issue in the intestate proceedings. It appears that respondent excluded the Moran property from the inventory of Jose's estate. On February 13, 1978, respondent transferred his title to the Moran property to his company, the Caval Realty Corporation. On March 29, 1979, complainant sought to recover the Moran property by filing with the then Court of First Instance (CFI) of Baguio City an action for reconveyance with damages against respondent and his corporation. In defense, respondent claimed absolute ownership over the property and denied that a trust was created over it. In his defense, he contended that he did not hold the Moran property in trust for the Nakpils as he is the absolute owner. He explained that the Nakpils never bought back the property from him, hence, it remained to be his property and hence, correctly excluded from the inventory of Nakpil estate. 1. Is the respondent guilty of lack of fidelity to his client? Explain.. Yes, because he violated the trust agreement when he claimed absolute ownership over the property and refused to sell it to the complainant after Jose's death. To place the property beyond the reach of complainant and the intestate court, respondent later transferred it to his corporation. Such act of excluding the Moran property from the intestate estate of Jose evinced a lack of fidelity to the cause of his client. This violated Canon 17 of the Code of Professional Responsibility which provides that a lawyer owes fidelity to his client's cause and enjoins him to be mindful of the trust and confidence reposed in him. (Imelda Nakpil vs. Atty. Carlos J. Valdes, A.C. No. 2040, 92 SCAD 66, March 4, 1998).

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2. Was the respondent guilty of representing conflicting interest when his accounting firm prepared the list of assets and liabilities of the estate and, at the same time, computed the claims of two creditors of the estate and yet, the estate was represented by his law firm? Explain. Yes, because the interest of the estate and that of the creditors are adverse to each other. By representing the creditors when his accounting firm prepared and computed the claims of the two creditors while his law firm represented the estate, there was clearly a conflict between them which stands as debtor and that of the two claimants who are creditors in the estate. He thus, undoubtedly placed his law firm in a position where his loyalty to his client could be doubted. In the estate proceedings, the duty of respondent's law firm was to contest the claims of these two creditors but which claims were prepared by respondent's accounting firm. Even if the claims were valid and did not prejudice the estate, the set-up is still undesirable. The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict. It was respondent's duty to inhibit either of his firms from said proceedings to avoid the probability of conflict of interest. (Nakpil vs. Valdes, supra). 3.

Can respondent advance the defense that assuming there was conflict of interest, he could not be charged before this Court as his alleged "misconduct" pertains to his accounting practice? Explain. No. In the case at bar, complainant is not charging respondent with breach of ethics for being the common accountant of the estate and the two creditors. He is charged for allowing his accounting firm to represent two creditors of the estate and, at the same time, allowing his law firm to represent the estate in the proceedings where these claims were presented. 4. In advancing his defense, he said that assuming there was conflict of interest, he could not be charged before the Supreme Court as his alleged misconduct pertains to his accounting practice. Is the contention correct? Why? - No, for the complainant was not charging the respondent with breach of ethics for being the common accountant of the estate and the two creditors. He was charged for allowing his accounting firm to represent two creditors of the estate and, at the same time, allowing his law firm to represent the estate in the proceedings where these claims were presented. The act is a breach of professional ethics and undesirable as it placed respondent's and his law firm's loyalty under a cloud of doubt. Even granting that respondent's misconduct refers to his accountancy practice, it would not prevent the Court from disciplining him as a member of the Bar. The rule is settled that a lawyer may be suspended or disbarred for ANY misconduct, even if it pertains to his private

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activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanor. (Nadayag vs. Grageda, 55 SCAD 713, 237 SCRA 202). Possession of good moral character is not only a prerequisite to admission to the bar but also a continuing requirement to the practice of law. Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the Bar. Thus, a lawyer should determine his conduct by acting in a manner that would promote public confidence in the integrity of the legal profession. Members of the Bar are expected to always live up to the standards embodied in the Code of Professional Responsibility as the relationship between an attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith. (lgual vs. Javier, 69 SCAD 117,254 SCRA 416). In the case at bar, respondent exhibited less than full fidelity to his duty to observe candor, fairness and loyalty in his dealings and transactions with his clients. (Canon 15, Code of Professional Responsibility; Nakpil vs. Valdez, A.C. No. 2040, March 4, 1998, 92 SCAD 66). Q

- Does the prohibition against sale of properties between a lawyer and a client apply to assignment of rights? Why?

- Yes, the prohibition in Article 1491, NCC applies to assignment of rights over a property subject of litigation in consideration of legal services during the pendency of litigation. The reason is that, assignment has the same import and effect of sale. In both situations, public policy prohibits the acts. (Ordonio vs. Eduarte, 207 SCRA 229). Q - What is the essential feature of a client-lawyer relationship? Give some instances of such an indication. -The essential feature of the relationship between a lawyer and a client is the employment of the former by the latter as suggested by: (1) the giving of advice or assistance when sought; and (2) the receipt of documents and use of the same. Q

- Define general and special appearance.

General appearance is one that is done by a lawyer for any act except to question the jurisdiction of the court. Q - Who can challenge the appearance of a lawyer and within what time? Why? -The authority of a lawyer to appear may be challenged by the client because such relationship partakes of the nature of agency. It may likewise be challenged by the adverse party. But the challenge must be seasonably done otherwise, estoppel would come in.

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-What is the effect of unauthorized appearance of a lawyer? - That is a ground to cite him for contempt.

Q - May a client terminate his lawyer and cite the effects of the same? . - Yes, a client has the right to terminate his lawyer at any time with or without just cause. If it is without just cause, he must fully pay the compensation agreed upon. If it is with just cause, the payment of compensation is based on quantum meruit. Q - What is the effect of death or incapacity of a client? ANS. - Death or incapacity of a client terminates the relationship of the lawyer and client. Thus, the lawyer cannot represent the estate unless he is retained by the administrator. Q

- May a counsel withdraw from a case of his client? - Yes, provided the client consents to it. The consent is necessary because the relationship of a lawyer and a client is based on contract and the consent of a client to the withdrawal of a lawyer has the effect of terminating such relationship. If the client does not consent, the contract still subsists. Q - State the grounds for the withdrawal of a counsel. They are the following: (1)if the client insists on unjust or immoral cause in the conduct of a case; (2)if the client refuses to cooperate or loses contact with him; (3)if the client disregards agreement as to compensation; (4)if the lawyer accepts an incompatible office.

Q

- State the procedure in the substitution of a lawyer. - The procedure in the substitution of a lawyer requires that: a) there must be written application for substitution; b) there must be written consent of the client; c) there must be written consent of counsel to be substituted; d) there must be proof of notice on the first attorney.

Q

- If a lawyer withdraws from a case, is there a need for the court's approval?

.

- It depends. An attorney's withdrawal with clients' consent needs no court approval. Court approval is indispensable

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only if the withdrawal is without the client's consent. (Arambulo vs. CA, 44 SCAD 972, 226 SCRA 589, Sept. 17, 1993). The reason for the client's consent is that, the relationship between the two of them is based on a contract. Q

- A engaged the services of X as his counsel. A year later, he engaged the services of Y and authorized him to appear for A. State the effects of the acts of A with respect to his relationship with X. Explain. - The execution of power of attorney for authority to appear in favor of second counsel works as a dismissal of incumbent counsel of record who need not formally withdraw. Once a new counsel assumes that status, it is incumbent on him to inquire why he has not received any notice from the court. Q - State the Conflict of Interest Rule. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. (Rule 15.03, Code of Professional Responsibility).

Q

- What is the rationale for the conflict of interest rule? . - The prohibition against representation of conflicting interests is based not only because the relation of attorney and client is one of trust and confidence of the highest degree, but also because of the principles of public policy and good taste. (Tiania vs. Ocampo, 200 SCRA 462, Aug. 12, 1991). A lawyer becomes familiar with this facts connected with his client's case. He learns from his client the weak points of the action as well as the strong one. Such knowledge must be considered and guarded with care. No opportunity must be given to him to take advantage of his client's secrets. A lawyer must have the fullest confidence of his client, for if the confidence is abused, the profession will suffer by the loss thereof. (Maturan vs. Gonzales, A.C. No. 2597, 92 SCAD 473, March 12, 1998).

Q - What is the test of conflict of interest in disciplinary cases against a lawyer? - The test is whether or not the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness of double-dealing in the performance thereof. (Tiana vs. Ocampo, supra). Q - When is a lawyer deemed to be representing conflicting interests? - A lawyer represents conflicting interests when, in behalf of one client,

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it is his duty to contend for that which duty to another client requires him to oppose. The obligation to represent the client with undivided fidelity and not to divulge his secrets or confidence forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed. In cases where a conflict of interest may exist, full disclosure of the facts and express consent of all the parties concerned are necessary. There is no necessity for proving the actual transmission of confidential information to an attorney in the course of his employment by his first client in order that he may be precluded from accepting employment by the second Or subsequent client where there are conflicting interests between the first and the subsequent clients. Absence of monetary consideration does not exempt the lawyer from complying with the prohibition against pursuing cases where a conflict of interest exists. (Buted vs. Hernando, 203 SCRA 1, Oct. 17, 1991). Q

- Cite a recognized exception to the rule against representation of conflicting interests by a lawyer. - Where the clients knowingly consent to the dual representation after the full disclosure of the facts by the counsel. (Bautista vs. Gonzales),

Q State and explain the test in determining a conflict of interest. - The test of conflict of interest in disciplinary cases against a lawyer is whether or not the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or doubledealing in the performance thereof. (In re: De la Rosa, 27 Phil. 265). Q

- May a lawyer represent parties with conflicting positions? Is the rule absolute? Explain. - As a rule, a lawyer cannot represent parties with conflicting positions because of the conflict of interest. There is however, an exception at a certain stage of the controversy before it reaches the court. A lawyer may represent the conflicting interest of the two parties with their consent, since a mutual lawyer, with honest motivations may be better situated to work out an acceptable settlement of their differences, being free of partisan inclination and acting with the cooperation and confidence of said parties.

Q

- The accounting firm of Atty. V prepared the list of assets and liabilities of the estate of A and at the same time computed the claims of two creditors of the estate. Is there a representation of conflicting interest in allowing his accounting firm to represent the two creditors in the proceedings for the settlement of the estate of A which his law

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firm represented? Why? - Yes. The professional services of a lawyer and representation as a CPA might result to representation of conflicting interest. In Nakpil vs. Valdez, A.C. No. 2040, March 1998, 92 SCAD 66, it was said that there is clearly a conflict between the interest of the estate which stands as the debtor and that of the two claimants who are creditors of the estate. - State some rules in case of conflict of interest. - In Generosa Buted, et al. vs. Atty. Harold M. Hernando, Adm. Case No. 1359, Oct. 17, 1991, the Supreme Court laid down rules on conflict of interest of lawyers in handling cases, thus: (a) In cases where a conflict of interest may exist, full disclosure of the facts and express consent of all the parties concerned are necessary. (ln re: Dela Rosa, 27 Phil. 258). The present Code of Professional Responsibility is stricter on this matter considering that consent of the parties is now required to be in written form. (Canon 15, Rule 15.03). (b)In San Jose vs. Cruz, 57 Phil. 794, it was said that an attorney owes loyalty to his client not only in the case in which he has represented him but also after the relation of attorney and client has terminated and it is not a good practice to permit him afterwards to defend in another case other persons against his former client under the pretext that the case is distinct from, and independent of the former case. For it is a rule that: "An attorney is not permitted, in serving a new client as against a former one, to do anything which will injuriously affect the former client in any manner in which the attorney formerly represented him, though the relation of attorney and client has terminated, and the new employment is in a different case; nor can the attorney use against his former client any knowledge or information gained through their former connection. " (c) In Maria Tinia vs. Atty. Amado Ocampo, A.C. No. 2285 and other companion cases, Aug. 12, 1991, it was said that the prohibition against conflict of interest in representation of clients is prohibited because the relation of lawyer and client is one of trust and confidence of the highest degree, and because of the principles of public policy and good taste. An attorney has the duty to preserve fullest confidence of his client and represent him with undivided loyalty. Once this confidence is abused, the entire profession suffers. (In re: De la Rosa).

Q

- The law firm of X, Y and Z and Associates was retained by ABC Corporation which sued SMC represented by the firm. Can an associate of the firm represent SMC? Why? - No, because the employment of the firm is considered the

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employment of all its members and associates. To hold otherwise would be to promote conflict of interest. Q - What is the duty of a lawyer who receives money for his client? .

- He must account for the same, otherwise, his conduct shows his unfitness for the confidence and trust reposed in him, or showing such lack of personal honesty or good moral character as to render him unworthy of public confidence, a ground for disbarment. (Navarro vs. Meneses, 91 SCAD 285, 285 SCRA 586; 19ual vs. Javier, 69 SCAD 117, March 7,1996; Castillo vs. Taguines, 69 SCAD 291, March 11, 1996; Jaime Curimatmat, et al. vs. Atty. Felipe Gojat, A.C. No. 4411, June 10, 1999).

Q

-May a lawyer decline employment? Explain. Yes. It is settled that a lawyer is not obliged to act as counsel for every person who wish to become his client. He has the right to decline employment, subject, however, to the provisions of Canon 14 of the Code of Professional Responsibility. Once he agrees to take up the case of a client, he owes fidelity to such cause and must always be mindful of the trust and confidence reposed on him. (Navarro vs. Meneses, 91 SCAD 285, 285 SCRA 586)

Q

- What is the nature of the office of a lawyer? - 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. (Regala vs. SB, 74 SCAD 504, 262 SCRA 122)

Q

- What is the nature of duty of the Office of the Solicitor General to represent the interest of the government? Explain. - As a public official, it is his sworn duty to provide legal services to the government, particularly to represent it in litigations. And such duty may be enjoined upon him by a writ of mandamus. Under the Administrative Code (Sec. 35), it is mandatory upon the OSG to represent the government, its agencies and instrumentalities and its officials and agents in any litigation, proceedings, investigation requiring the services of a lawyer. In fact, if the OSG withdraws, it can be considered as beyond the scope of its authority in the management of a case.

Q

- After the death of a partner in a law firm, the latter failed to file the brief for a client due to the fact that the lawyer assigned to do it left the law firm. Explain the effect of such act.

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- The death of one of the partners of a law firm does not extinguish the lawyer-client relationship between said firm and petitioner. If the firm does not file the brief for the client, that is an inexcusable negligence. The mere fact that the lawyer who was designated to handle the case left the law office is of no moment. (R.B. Sebastian Ent., Inc. vs. CA, G.R. No. 41862, Feb. 7, 1992). Negligence of counsel binds the client. Q

- Explain the effect if a lawyer notarizes a document purporting to have been signed by one who is already dead. - A lawyer who notarized a document purporting to have been signed by a person already dead and yet cognizant of such fact committed grave professional misconduct. He failed to live up to the standards expected as a member of the bar. His conduct amounted to dishonesty, in violation of his oath. (Tejada vs. Hernando, Adm. Case No. 2427, May 8, 1992).

Q

- May a lawyer transact business with his client? Why? As a rule, a lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. The measure of good faith which an attorney is required to exercise in his dealings with his client is a much higher standard than is required in business dealings where the parties trade at arms length. Business transactions between the lawyer and his client are disfavored and discouraged by the policy of the law. Hence, courts carefully watch these transactions to assure that no advantage is taken by a lawyer over his client. This rule is founded on public policy for, by virtue of his office, an attorney is in an easy position to take advantage of the credulity and ignorance of his client. Thus, no presumption of innocence or improbability of wrongdoing is considered in an attorney's favor. (Nakpil vs. Valdez, 92 SCAD 66, 286 SCRA 758).

Q - How do you describe the relationship between a lawyer and his client? Explain. .

- The relation between an attorney and his client is highly fiduciary and very delicate, exacting and confidential, requiring a high degree of fidelity and good faith. In view of that special relationship, lawyers are bound to promptly account for money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct. The fact that a lawyer has a lien for fees on money in his hands collected for his client does not relieve him from the duty of promptly accounting for the funds received. (Licuanan vs. Melo, A.C. 2361, 9 Feb. 89).

Q

- Describe the lawyer's duty to the cause of his client.

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- A lawyer must protect the rights and interests of his client and not to take advantage of him. He should be more circumspect in dealing with the properties of his client instead of concentrating only on his attorney's fees. (Fornilda vs. Branch 164, RC, 169 SCRA 376). A lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him. (Canon 17). He shall serve his client with competence and diligence, and his duty of entire devotion to his client's cause not only requires, but entitles him to employ every honorable means to secure for the client what is justly due him or to present every defense provided by law to enable the latter's cause to succeed. (Canon 15). An attorney's duty to safeguard the client's interests commences from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. (Visitacion vs. Manit, March 27, 1969). During that period, he is expected to take such reasonable steps and such ordinary care as his client's interests may require. (Gamalinda vs. Attys. Fernando Alcantara and Joselito Lim, A.C. No. 3695, Feb. 24, 1992). The Supreme Court also admonished lawyers on their duty to advice their clients not to make untenable claims. As officers of the court, they are under obligation to advice their clients against making untenable and inconsistent claims. For, they are not merely hired employees who must unquestionably do the bidding of the clients. (Periquet vs. NLRC, 186 SCRA 724). In one case, the Supreme Court however reminded litigants that lawyers are not demi-gods or magicians who can always win their cases for their clients no matter the utter lack of merit of the same or how passionate the litigants may feel about their cause, while lawyers are expected to serve their clients with competence and diligence, they are not always expected to be victorious. (Curimatmat, et ai. vs. Gojari, A.C. No. 4411, June 10, 1999). Q

- What presumption arises if a lawyer appears for a client and explain the effect of the same? - As a rule, once a lawyer appears for a party, it is presumed that he has the authority to do so. No written power of attorney is required to authorize him to appear in court for his client. (Marcelo vs. Ubay, 187 SCRA 719). The filing of the answer and appearance is sufficient to give authority to the lawyer. However, the authority to appear can be questioned by the adverse party. (Com. of Customs vs. KMK Gano, 182 SCRA 591). The reason is obvious. The client will be bound by his acquiescence resulting from his knowledge that he was being represented by the lawyer. But where that relationship is created, the lawyer has the obligation to

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attend to and protect the integrity of his client. Hence, a lawyer was warned for his inexcusable negligence to appear for pre-trial. (Agravante vs. Patriarca, 183 SCRA 113 [1990]). Hence, in Gutierrez vs. Zulueta, 187 SCRA 64, a lawyer was suspended for one year for his failure to exercise due diligence in protecting and attending to the interest of his client. He failed to file the brief to the prejudice of his client. He attributed the negligence to his secretary which was not accepted. Q

Q

- State the effect of a lawyer's acceptance of attorney's fees. - The lawyer's acceptance of attorney's fees effectively bars a lawyer from altogether disclaiming the existence of an attorney-client relationship. The client, however, must explain his case to his lawyer so that he can handle it properly and intelligently. He must likewise extend full cooperation. (Villafuerte vs. Cortez, A.C. No. 3455, April 14, 1999). - May a lawyer accept a bad case? - It depends. A lawyer may accept a bad case if it is criminal inspite of his opinion regarding the innocence or guilt of the accused. If it is a civil case, he should decline it.

Q - What is the extent of the lawyer's obligation of fidelity to his client? Explain. - A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. Practice of law must not serve as an instrument for the harassment of the complainant and the misuse of judicial processes. (Garcia vs. Francisco, 220 SCRA 512, March 30, 1993). As officers of the court, counsels are under obligation to advise their client against making untenable and inconsistent claims. Lawyers are not merely hired employees who must unquestionably do the bidding of their client, however, unreasonable this may be when tested by their own expert appreciation of the pertinent facts and the applicable law and jurisprudence. Counsel must counsel. (Periquet vs. NLRC, 196 SCRA 724, June 22,1990). Q - How do you characterize the right of a client to terminate the services of his counsel? - The right of client to terminate his relations with his counsel is universally recognized. Such termination may be with or without cause. The right of a client to terminate the authority of his counsel includes the right to make a change or substitution at any stage of the proceedings. To be valid, any such change or substitution must be made: (a) upon written application; (b) with written consent of the

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client; (c) upon written consent of the attorney to be substituted; (d) in case the consent of attorney to be substituted can not be contained, there must be at least a proof of notice that the motion for substitution has been served upon him in the manner prescribed by the Rules. (Section 26, Rule 138, Rules of Court; Rinconada Telephone Company, Inc. vs. Buenvi'aje, 184 SCRA 701, April 27, 1990). Q

- State the effect if a client personally appears and files a motion by himself even if he is represented by a counsel. - A client, by appearing personally and presenting a motion by himself, is considered to have impliedly dismissed his lawyer. Both at common law and under Section 26, Rule 138 of the Rules of Court, a client may dismiss his lawyer at any time or at any stage of the proceedings, and there is nothing to prevent a litigant from appearing before the court to conduct his own litigation. The client has also an undoubted right to compromise a suit without the intervention of his lawyer. Even the lawyer's right to fees from their clients may not be invoked by the lawyers themselves as a ground for disapproving or holding in abeyance the approval of a compromise agreement. The lawyers concerned can enforce their rights in the proper court in an appropriate proceeding in accordance with the Rules of Court, but said rights may not be used to prevent the approval of the compromise agreement. (Municipality of Pililia, Rizal vs. CA, 52 SCAD 548, 233 SCRA 484, June 28, 1994).

Q

- What happens if a lawyer commits misconduct by using for his personal end money collected by him for and behalf of a client? - A lawyer, under his oath, pledges himself not to delay any man for money or malice. He is bound to conduct himself with all good fidelity to his clients. He is obligated to report promptly the money of his clients that has come into his possession. He should not comingle it with his private property or use it for his personal purposes without his client's consent. He should maintain a reputation for honesty and fidelity to private trust. Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. A lawyer may be disbarred for any deceit, malpractice or other gross misconduct in his office as attorney or for any violation of the lawyer's oath. (Licuanan vs. Melo, A.C. 2361, Feb. 9, 1989).

Q

- May a lawyer purchase a property of his client subject of litigation during the pendency of litigation? Does the prohibition include a mortgage? Why? No, because of public policy for it is possible that the lawyer may e) at

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undue influence against his client. Mortgage of property of a client to a lawyer while the property is under litigation is void under Art. 1491 (5), New Civil Code. To state that mortgages are not included within the prohibition would open the door to an indirect circumvention of the statutory injunction, acquisition of property being merely postponed till eventual foreclosure. (Fornilda vs. Br. 164, RTC, G.R. 72306, Jan. 29, 1989). What cannot be done directly cannot be done indirectly. (See also Rubias vs. Batiller). Q - When is a thing said to be in litigation for purposes of applying the prohibition against lawyers from acquiring by purchase their clients' property under Art. 1491 of the Civil Code? -

A thing is said to be in litigation not only if there is some contest or litigation over it in court, but also from the moment that it becomes subject to the judicial action of the judge, including certiorari proceedings. (Valencia vs. Cabanting, 196 SCRA 302, April 26, 1991).

Q - What if the purchase was made after the litigation has already been terminated, is the disqualification still applicable? Why? - No more. A contract of services does not violate Art. 1491, NCC prohibiting lawyers from acquiring by purchase even at a public or judicial auction, properties and rights which are the objects of litigation in which they may take part by virtue of their profession, if the purchase takes place after the litigation. (Fabillo vs. IAC, March 11, 1991). The rule has to be so because the public policy that is sought to be preserved no longer exists, as there can be no more undue influence that the lawyer may exert against his client. Q

May a lawyer enter into a contract of lease with the administrator of an estate where the former is his client? Why? - No. The Civil Code provides the persons disqualified to buy referred to in Arts. .1490 and 1491, are also disqualified to become lessees of the things mentioned therein. (Art. 1646). A lawyer of the administrator of an estate failed to secure the approval of the court in various contracts of lease between the estate and the lawyer's family partnership. It was said that the lease contracts are covered by the prohibition against any acquisition or lease by a lawyer of properties involved in litigations in which he takes part. To rule otherwise would lend stamp of judicial approval on an arrangement which, in effect, circumvents that which is directly prohibited by law. (Mananquil vs. Atty. Villegas, Adm. Matter 2430, Aug. 30, 1990).

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- May a lawyer appropriate money received for his client? Why? - No. In Quilban vs. Robinol, 171 SCRA 768, the Supreme Court said that a lawyer cannot unilaterally appropriate his client's money not only because he is bound by a written agreement but because it is highly improper for him to have done so. His contention that he has! the right to retain possession of the money until his attorney fees are paid is not meritorious. He is bereft of a legal right to retain his client's funds intended for any purpose. For doing so, he was disbarred, for he rendered himself unfit to continue in the practice. He did not only violate his oath "not to delay any man for money" and but also "to conduct himself with all good fidelity to his client. Q - A lawyer assured his client that he could secure a Temporary Restraining Order (TRO) to stop the execution of a judgment because the judge is his "katsukaran" and accepted Pl,000.00 as attorney's fees. But the judge asked him to withdraw because of their friendship. He again asked for P3,000.00 to be given to another judge, but he said he could not find the judge. He later on told his client that a case should be filed and demanded P10,000.00 to be deposited with the Treasurer's Office for the redemption of the property plus Pl,000.00 as expenses. At the hearing, he withdrew his appearance. It was found out that there was no deposit. State the effect of the acts of the lawyer. - When a lawyer takes client's cause, he thereby covenants that he will exert ,all efforts for its prosecution until the final conclusion. The failure to exercise diligence of advancement of a client's cause makes such lawyer unworthy of the trust that the client had reposed in him. His acts showed lack of fidelity as a lawyer. (Cantiller vs. Potenciano, Dec. 18, 1989).

Q - What is the effect if a lawyer makes an unsolicited appearance for a person without a Client lawyer relationship? The unsolicited appearance of a lawyer in the absence of client-lawyer relationship with a client is an act unbecoming of a member of the Bar, and should be a cause for investigation. (Porac Trucking, Inc. vs. CA, 183 SCRA 45, March 6, 1990). Q - State the effect of a lawyer's participation in the preparation of prohibited contracts. - Participation in the execution of the prohibited contracts such as those referred to in Articles 1491 and 1646 of the New Civil Code has been held to constitute breach of professional ethics on the part of the lawyer for which disciplinary action may be brought against him. The claim of good faith is no defense to a lawyer who has failed to adhere faithfully to the legal

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disqualifications imposed upon him designed to protect the interests of his client. (Mananquil vs. Villegas, 198 SCRA 335, Aug. 30, 1990). Q - Is a client bound by his counsel's acts? Is the rule absolute? Why? As a general rule, a client is bound by his counsel's conduct, negligence, and mistakes in handling the case during the trial. However, the rule admits of exceptions. A new trial may be granted where the incompetence of counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense. Where a case is not tried on the merits because of the negligence of counsel rather than the plaintiff, the case may be dismissed, but in the interest of justice, without prejudice to the filing of a new action. (Suarez vs. CA, G.R. No. 91133, March 22, 1993).

DISBARMENT Q

- Are the grounds for disbarment enumerated under Section 27, Rule 138 of the Rules Of Court exclusive? No. A lawyer may be disbarred for grounds provided by the rules and such causes analogous to the same.

Q

- What is the basic purpose of disbarment? Explain. - The purpose of disbarment is to protect the courts and the public from the misconduct of the officers of the court and to ensure the proper administration of justice by requiring that those who exercise this important function shall be competent, honorable and trustworthy men in whom the courts and clients may repose confidence. The objectives of disbarment are to compel the lawyer to deal fairly and honestly with his client and to remove from the profession a person whose misconduct has proved him unfit for the duties and responsibilities belonging to the office of an attorney. (Doroy vs. Legaspi, 65 SCRA 304). A lawyer who received P900.00 from his client for filing fee and other expenses in connection with the filing of the case but did hot do so, and instead deceived his client into believing that the case had been filed, is guilty of malpractice for gross misconduct in his office as attorney and of violation of his oath of office, and ought to be disbarred for failing to live up to the high standards of the law profession and being unworthy of membership of the bar. (Diaz vs. Gonong,141 SCRA 46).

Q

- May the court discipline one of its officers even if he commits

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the act in his private capacity? Explain. .

- As a general rule, a court will not assume jurisdiction to discipline one of its officers for misconduct alleged to have been committed in his private capacity. But, this is a general rule with many exceptions. The courts sometimes stress the point that the attorney \las shown, through misconduct outside of his professional dealings, a want of such professional honesty as to render him unworthy of public confidence, and an unfit and unsafe person to manage the legal business of others. The reason why such a distinction can be drawn is because it is the court which admits an attorney to the bar, and the court requires for such admission the possession of a good moral character. So it is held that an attorney will be removed not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which shows him unfit for the office and unworthy of the privilege which his license and the law confer upon him. (Lizaso vs. Amante, 198 SCRA 1, June 3, 1991). Q - May a lawyer who is employed in the government be disciplined as a member of the Bar for misconduct in the discharge of his duties as an employee? Why? - As a rule, a lawyer, who holds a. government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. However, if the conduct is of. such a character as to affect his qualifications as a lawyer or to show moral delinquency, then, he may be disciplined. (Austria vs. Abaya, AM. Nos. R705-RTJ, R698-P, and A.C. No. 2909, August 23, 1989).

Q

- In Collantes vs. Atty. Vicente Renemeron, Adm. Case No. 3056, Aug. 16, 1991, the basic question was whether a lawyer, as Register of Dee