Legal Ethics

 

LEGAL ETHICS

 

What is Legal Ethics? It is th the e br bran anch ch of mo mora rall sc scie ienc nce e whi hich ch treats of the duties that an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Pr Prof ofes essi sion onal al Re Resp spon onsi sibi bili liti ties es,, Ca Cano non n of  Prof Pr ofes essi sion onal al Et Ethi hics cs,, ju juris rispru prude denc nce e, mo mora rall laws la ws and spe peci cial al la law ws.

 

TERMS TO TO REMEMBER 1. BAR

-

2. BENCH -

refers refe rs to th the e who whole le bo body dy of at atto torn rney eys s and and co coun unse selo lors rs,, collectively, the members of the legal profession

refers to the whole body of judges and justices

3. Bar Association - it is an an ass assoc ocia iati tion on of the me memb mber ers s of th the e legal profession like the IBP where membership me mbership is integrated or compulsory  4. Attorney-at-law - cl clas ass s of of per perso sons ns wh who o are are lic icen ense sed d of offi fice cers rs of the court empowered to appear, prosecute and defend and upon whom peculiar duties, responsibilities and liabilities are developed by law as consequence

 

5. Counsel/Attorney de Officio - an attorney appointed by the court to defend an indigent defendant in a criminal action

6. Attorney inlimited fact -by the is si simp mply ly an ag agen ent t wh whos ose e au auth thor ori ity is is not strictly instrument appointing him. He necessarily a lawyer.

 

Sources of Ethical Standards in the Philippine Judiciary  

PRIMARY

a. Bar 1.

Canon of Professional Ethics

2. Co Code de of Pro Profes fessi sion onal al Res Respo pons nsib ibil ilit ity  y  b. Bench

1. Ca Cano non n of of Jud Judiici cial al Et Ethi hics cs 2. Code Code of Jud udic icia iall Et Ethi hics cs 3. New Code Code of of Judic Judicia iall Cond Conduct uct for for the the Phili Philipp ppin ine e  Judiciary  c. Other personnel 1.

Code of Conduct for Court Personnel

 

2

SECONDARY

a. Decisions/Resolutions of the Supreme Court b. Supreme Court Circulars c. Order/Resolution of other Courts d. IBP Issuances

 

  anons of Profe Profession ssional al Responsibility

 

Four (4) duties of the Lawyer

1.To the Public/Society 2.To the Bar/Legal Profession 3.To the Courts 4.To the Client

 

Lawyer and Society Canon: 1. Uphold the Constitut Constitution ion and obey obey the laws laws of the the land and and legal processes. 2. Make legal legal service service availabl available e in an efficient efficient and and convenient convenient manner. 3. Use of true, honest, honest, fair, fair, dignified dignified and and objective objective informat information ion in making known legal service. 4. Participat Participate e in the improvement improvement of the legal legal system. system. 5. Keep abreast abreast of legal developme development nt and participat participate e in continuing continuing legal education program and assist in disseminating disse minating information regarding the law and jurisprudence. 6. Applicabili Applicability ty of the CPR CPR to lawye lawyers rs in the gov government ernment service. service.

 

Lawyer and the legal profession Canon: 7. At all all times times uphol uphold d integ integrit rity y and and dignit dignity y of the the professi profession on and and support the activities of the IBP. 8. Conduct Conduct himself himself with with courtes courtesy, y, fairne fairness ss and and cand candor or towa towards rds his colleagues and avoid harassing tactics against opposing counsel. 9. Not to to directl directly y or indi indirect rectly ly assi assist st in the the unaut unauthor horized ized practi practice ce of law.

 

Lawyer and the courts Canon: 10. Owes candor, candor, fairness fairness and good faith faith to the court. 11. Observe Observe and maintain maintain the respect due to the courts and  judicial officers and insist in similar conduct. 12. Duty to assist in the speedy and and efficient adminis administrat tration ion of  justice. 13. Rely upon the merits of his cause, refrain refrain from any impro impropriety priety which tends to influence courts, or give the appearance appe arance of influencing the courts.

 

Lawyer and the client Canon: 14. Not to to refuse refuse his his servic services es to to the needy needy.. 15. Observe Observe candor, candor, fairness fairness and and loyalty loyalty in all all his dealings dealings and and transactions with clients. 16. Hold in in trust all all moneys and property property of of his client client that that may come into his possession. 17. Owes fidelity fidelity to clients clients cause cause and be mindful mindful of the trust trust and confidence reposed upon him. 18. Serve Serve client client with compet competenc ence e and diligen diligence. ce.

 

Lawyer and the client Canon: 19. Represent Represent client client with with zeal zeal and within within the bounds bounds of law. law. 20. Charge Charge only only fair fair and and reason reasonabl able e fees. fees. 21. Preserve Preserve the confidence confidence and secrets secrets of client client even after the the attorney-client relation is terminated. 22. Withdraw Withdraw services services only for for good cause cause and and upon notice.

 

What is Judicial Ethics? It is a branch of moral science which treats of  the right and proper conduct to be observed by all judges in trying and deciding controversies brou br ough ght t be befo fore re th them em fo for r ad adju judi dica cati tion on whi hich ch conduct must be demonstrative of impartiality, integri rit ty, competence, independence and freedo fre edom m fro from m im impro proprie prietie ties. s.

 

  ode of Judic Judicial ial Ethic Ethics s

 

Canon: 1. INDE INDEPE PEND NDEN ENCE CE

2. INTE INTEGR GRIT ITY Y

3. IMPAR IMPARTIA TIALITY LITY

4. PROP PROPRIE RIETY TY 5. EQU EQUALITY ALITY

6. COMPETE COMPETENCE NCE AND DILIGE DILIGENCE NCE

 

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