Legal Profession as a Subject
Department of Education Culture and Sports approved a new law curriculum in 1989.
Introduction to Legal Profession Additional subjects: Legal Profession
a very vital element in nation building since there is no progress in a country without a rule of law a branch of the administration of justice whose main purpose is to aid in the doing of justice according to law between state and the individual and between man and man (reason why legal profession is affected by public interest) its paramount concern is to obtain justice in the most efficient and effective manner only about fifty thousand (50, 000) members, approximately 10 to 15 percent are actually engaged in private practice
1. 2. 3.
These three subjects introduce to a law student the ethical and moral obligations of a lawyer to the court, to his client, to his colleagues in the bar and to the society. Brief History of the Legal Education in the Philippines Sources of Philippine legal education:
1. 2. 3.
ignorantia legis non excusat
ignorance of the law excuses no one from compliance therewith one of the basic principles in law
Nature of an Attorney
sometimes called as an advocate or counsel, one who aids in the administration of justice a class of persons who are by license constituted officers of courts of justice, a nd who are empowered to appear and prosecute and/or defend someone and on whom peculiar duties, responsibilities and liabilities are devolved by law in consequence a person acting professionally in legal formalities, negotiations or proceedings, by warrant or authority of his client a person set apart by the laws of the land relating to the high interest of property, liberty and life considered as a quasi-officer of the court subject to regulation an inherent element in our judicial system someone who is employed by a party in a cause to manage the same for him, but not a part of the cause an officer of the court his business is to carry on the practical and formal parts of the suit to the best of his ability; to help clarify matters; proclaim what is right
Spain – gave the Roman Civil law and the Canon law United States – the forerunner of English common law in the Philippines Indo-Malayan influence – shared the Islamic law in the Philippines Code of Kalantioa – our own codified law prior to the Spanish regime in the country
Legal Education in the Philippines
Legal Profession Legal Counseling Problem Areas in Legal Ethics
Establishment of Faculty of Civil Law at the University of Sto. Tomas in 1733. It moved later to Tarlac. In 1898, the Universidad Literia Filipinas was established in Malolos, Bulacan. In 1899, Don Felipe Calderon founded the Escuela de Derecho de Manila, which in 1924 was renamed Manila Law School. In 1910, the College of Law of the University of the Philippines opened with 50 Filipino and American students.
Educational requirements for a law profession:
1911 – a high school degree as a pre-law and a three-year law course Later, the pre-law requisite was increased to two years of college studies in addition to a high school degree. 1960 – four-year bachelor’s degree in arts and science and the law course to four years of legal studies (bachelor of laws)
Bar subjects (Sec. 6, Rule 138 of the Rules of Court):
1. 2. 3. 4. 5. 6.
Civil Law Criminal Law Remedial Law Legal Ethics and Practical Exercises Commercial Law Political Law
7. 8. 9. 10.
Taxation Labor Laws Law on Public Corporation and Public Officers Public and Private International Law
1. 2. 3. 4. 5. 6.
Legal History Legal Bibliography Statutory Construction Legal Research Legal Medicine Court Practice
In 1989, the Department of Education Culture and Sports adopted a revised model curriculum for the four-year Bachelor of Laws degree composed of 51 subjects (approximately 142 units) which took effect in 1990. In 1964, R.A. No. 3870 created the University of the Philippines Law Center to conduct continuing legal education programs, legal research and publications. In 1993, R.A. No. 7662 or the Legal Education Act was enacted to emphasize on the areas of advocacy, counseling, problem solving, decision making, ethics and nobility of the legal profession, bench-bar partnership, social commitment, selection of law students, quality of law schools, the faculty as well as the aw curriculum. The Legal Education Board was likewise created. The latest update on legal education is the Mandatory Continuing Legal Education (MCLE) program for members of the Integrated Bar of the Philippines. This Supreme Court Resolution requires members of the bar to pursue further studies in law and update themselves with the current laws and jurisprudence to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practise of law.
the instrument by which you understand, analyze and express the law wide reading and listening keen perception constant speaking and writing Logic or Critical Analysis - accurately evaluate a certain state of facts Law - to know the law, one must read and continue reading to keep himself abreast with the current laws and jurisprudence of the country - it is imperative for a student to train himself in speed-reading and to familiarize himself with legal terms and phrases towards easy comprehension
“By the way, always remember that lawyers are made, not born.” Nature of Legal Profession Practice of Law is a Profession
profession group of men pursuing a learned art as a common calling in the spirit of public service
A profession differs from a trade or business because the primary purpose of the latter is economic gain or profit. While in a profession, gaining profits i s merely incidental.
practice of law a profession, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character
Legal profession is a profession and not a trade, and the basic ideal of profession is to render public service and secure justice to those who seek its aid.
Law profession is a branch of the administration of justice and not a mere moneymaking trade.
The Study of Law Basic Skills and Qualities Required in the Study of Law Attitudes
Dreams/ Ambitions A student should dream to become a lawy er. Perseverance A law student must be determined to hurdle the bar even if it will take a great degree of sacrifice for his part. Patience Studying law requires a great degree of patience.
Basic Tools (How to be a Lawyer)
Language - the tool of the law
Legal Profession: a Privilege and a Right
These rights and/or privileges enjoyed by a lawyer are necessary not only for the protection of his client but more importantly towards the speedy, inexpensive and orderly administration of justice.
Membership in the legal profession is a privilege granted by the state only to those deserving individuals.
It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct.
For one to be admitted in the practice of law and for a continued enjoyment thereof, he must possess all the required qualifications needed in the profession among which is the continued possession of good moral character.
The practice of law is a privilege accorded only to those who measure up to the exacting standards of mental and moral fitness.
Legal services are needed not only by indigent persons, but even by those who are able to pay their way but do not know whom to engage as counsel.
Not only must legal services be available to all. Legal services must be made available at the earliest possible time, and not when a case was already in court.
A lawyer must serve his client with competence and diligence.
The proliferation of legal materials and the emergence of new specialties in law, brought about by the growing complexity of our society, are a challenge to our commitment to excellence – whether as members of the practicing bar of academic branch of profession.
Although the law profession is to a great extent a privilege, which may be withheld or extended in the exercise of sound judicial discretion, yet it is also a right in a limited sense.
A lawyer cannot be prevented from practicing law except upon valid cause and only after affording him due process.
He cannot be prevented from appearing before any judicial, quasi-judicial, or administrative tribunal as long as he is a member of the bar in good and regular standing.
He has the right to protest in a respectful manner anything which he thinks is prejudicial to the orderly and expeditious administration of justice.
He has the right to stand up for his right or the right of his client even in the face of a hostile court.
Ideas involved in Legal Profession
Professions are learned not only from the nature of the art professed but historically have a cultural, and ideal side which furthers the exercise of that art.
To carry on their tasks most effectively, they must be more that resourceful craftsmen. They must be learned men.
Standards of the Legal Profession
A lawyer must represent his client with zeal within the bounds of the law.
What lawyers should do is to get immersed in their clients’ cases but not to drown themselves into their clients’ causes – they must get involved in the cases, lest they become detached and coldly dispassionate, but they must likewise learn to get out of the experience so to speak lest they become bemused and sentimental.
The bar should be able to aid the public in selection of a competent lawyer as part of its duty to make its services available.
Lawyers organize as a profession thru the bar associations, defined as an association of persons practicing the profession of law formed and maintained to promote and uphold the purposes and spirit of that profession.
Spirit of Public Service
The spirit of public service in which the profession of law is a prerequisite of a sound administration of justice.
Terms Commonly used in Practice of Law
Attorney at Law a slightly fancier way of saying lawyer or attorney
Attorney in fact an attorney who may or may not be a lawyer who is given written authority to act on another’s behalf especially by a power of attorney Attorney ad hoc (Latin) “for this special purpose” appointed for a special purpose, generally to represent the client, ward, or child in the particular action in which the appointment is made Attorney of record is a person practicing law who has been appointed by a person or entity to represent them on the court or legal procedures, appear in the court in behalf of a client, sign the documents as attorney to the client, etc. and who has not been removed or otherwise discontinued at that time Counsel de officio a counsel, appointed by the court from among such members of the bar in good standing who, by reason of their experience and ability, may adequately defend the accused Counsel de parte a lawyer or attorney engaged by a party to represent the latter in a case Amicus Curiae (Latin) “friend of court” an advisor to the court on some matter of law who is not a party to the case, usually someone who wants to influence the outcome of a lawsuit involving matters of wide public interest Amicus Curiae Par Excellence association of amicus curiae Of counsel is often the title of an attorney who is employed by a law firm or organization, but is not an associate or a partner Lead counsel an attorney approved by the court to be responsible for overseeing all aspects of the litigation for a party Pro se (Latin) “for himself” a party to a lawsuit who represents himself (acting in propria persona) appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself in court Trial lawyer a person who specializes in defending clients before a court of law
Admission to Practice Power to admit applicants to the practice of law ¤
The power to admit applicants to the practice of law is judicial in nature and involves the exercise of judicial discretion.
The authority to decide who may be admitted to the bar naturally and logically belongs to the judiciary represented by the Supreme Court in view of the nature of its judicial function and in the role played by attorneys in the administration of justice.
Limitations (Section 5 of Article VIII): a. simplified and inexpensive procedures for speedy disposition of cases; b. uniform for all courts of the same grade; c. shall not diminish, increase or modify substantive rights
Integration of the Bar ¤
The Supreme Court has the inherent power to integrate the Philippine Bar in the exercise of its power to promulgate rules concerning pleading, practice and procedure in all courts and the admission to the practice of law.
Purpose of the integration of the Bar: a. Assist in the administration of justice; b. Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct; c. Safeguard the professional interests of its members; d. Cultivate among its members a spirit of cordiality and brotherhood; e. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar and the Bench and to the public, and publish information relating thereto; f. Encourage and foster legal education; g. Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon; and h. Enable the Bar to discharge its public responsibility effectively.
Integration of the Bar will, among other things, make it possible for the legal profession to: a. Render more effective assistance in maintaining the rule of law; b. Protect lawyers and litigants against the abuses of tyrannical judges and prosecuting officers; c. Discharge fully and properly, its responsibility in the disciplining and/or removal of incompetent and unworthy judges and prosecuting officers; d. Shield the judiciary, which traditionally cannot defend itself except within its own forum, from the assaults that politics and self-interest may level at it, and assist it to maintain its integrity, impartiality and independence; e. Have an effective voice in the selection of judges and prosecuting officers;
Prevent the unauthorized practice of law, and break up any monopoly of local practice maintained through influence or position; g. Establish welfare funds for families of disabled and deceased lawyers; h. Provide placement services, and establish legal aid offices and set up lawyer reference services throughout the country so that the poor not lack competent legal service; i. Distribute educational and informational materials that are difficult to obtain in many of our provinces; j. Devise and maintain a program continuing legal education for practicing attorneys in order to elevate the standards of the profession throughout the country; k. Enforce rigid ethical standards, and promulgate minimum fees schedules; l. Create law centers and establish law libraries for legal research; m. Conduct campaigns to educate the people in their legal rights and obligations, on the importance of preventive legal advice, and on the functions and duties of the Filipino lawyer; and n. Generate and maintain pervasive and meaningful country-wide involvement of the lawyer population in the solution of the multifarious problems that afflict the nation.
d. e. f.
Persons entitled to practice law ¤
Any person who has been duly licensed as a member of the bar and who is in good and regular standing is entitled to practice law (Section 1, Rule 138 of the Rules of Court).
Requirements for the applicants: a. He/she must be a citizen of the Philippines; b. At least twenty-one years of age; c. Of good moral character; d. A resident of the Philippines; and e. Must produce before the Supreme Court satisfactory evidence of his good moral character and no charges against him, involving moral turpitude, have been filed or are pending in any court of the Philippines.
Other requirements: a. Pass the bar examinations b. Take the lawyer’s oath before the Supreme Court en banc c. Sign in the roll of attorneys d. Receive a certificate from the Clerk of the Supreme Court of his license to practice
A party may conduct his litigation personally or with the aid of a friend or agent appointed by him for that purpose. In case of the latter, such is allowed only if the representation is made before the inferior courts (MTC’s). But the agent or friend may not hold himself out as habitually engaged in representing a party for that will constitute unauthorized practice of law. Moreover, in criminal cases, if a party cannot afford the services of a counsel de parte, he shall be provided a counsel de officio; In localities where a duly licensed member of the bar is not available, the municipal trial court hearing a criminal case may, in its discretion admit or assign a person (who is not a member of the bar), resident of the province and of good refute for probity and ability, to aid the defendant in his defense; Under the Labor Code, a union representative may appear for his organization or any of its members before the National Labor Relations Commission, labor arbiter or arbitrator; A person representing a land claimant in cadastral court; In case of law student practice as permitted by the rules; In case of those authorized to represent the government.
Public officials prohibited from engaging in private practice of law: a. Judges and other officials or employees of the court; b. Officials and employees of the Office of the Solicitor General; c. Government prosecutors; d. President, Vice-President, members of the cabinet, their deputies and assistants; e. Members of the Constitutional Commissions; f. Ombudsman and his deputies; g. All governors, city and municipal mayors; h. Those who by special law are prohibited from engaging in the practice of their profession.
Importance in knowing who may be allowed to practice law ¤
Assure the public that only those who have the ability, learning and sound character will handle the very delicate task of law advocacy, and forbidding incompetent and dishonest practitioners to embark in the practice of law.
As the practice of law is invested with public interest, it is therefore the right and duty of the state to regulate and control it so that public welfare will be served and promoted.
Attorneys do not profess to know all the law, or to be incapable of error or mistake in applying it to the
Where non-lawyers may practice law
Allowed limited representation on behalf of another:
facts of every case, as even the most erudite and skillful justice of court would hardly be able to come up to that standard.
Law Student’s Practice Conditions
Rule 138-A a law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal ed ucation program approved by the Supreme Court, may appear without compensation in any civil, criminal, or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school the appearance of the law student shall be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly accredited by the law school any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic Requirements: a. He must have successfully completed his 3 rd year of the regular four-year curriculum; b. He must be enrolled in the clinical legal education program as approved by the Supreme Court in a recognized school; c. His appearance must be pro bono or one without compensation; d. His clients should be indigents who have been accepted by the legal clinic of the law school; e. His appearance must at all times be accompanied and supervised by a supervising attorney who is accredited by the law school concerned.
Privilege Communication ¤
Rationale behind the Law Student Practice Rule: a. To ensure that there will be no miscarriage of justice as a result of incompetence or inexperience of law students, who, not having as yet passed the test of professional competence, are presumably not fully equipped to act as counsels on their own; b. To provide a mechanism by which the accredited law school clinic may be able to protect itself from any potential vicarious liability arising from some culpable action by their law students; and c. To ensure consistency with the fundamental principle that no person is allowed to practice a particular profession without possessing the qualifications, particularly a license, required by law.
The rules safeguarding privileged communication between attorney and client shall apply to similar communications made to or received by law students, acting for the legal clinic.
Standard of Conduct and S upervision ¤
The law student is required to comply with the standards of professional conduct governing members of the bar.
Failure of an attorney to provide adequate supervision of student practice may be ground for disciplinary action.
Practice of Law Definition of Law Practice Practice of Law
Section 34, Rule 138 in the court of justice of the peace, a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney in any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar a law student may appear before an inferior court as an agent tor fiend of a party without the supervision of a member of the bar
involves carrying on of the calling of an attorney, usually for compensation, acting in a representative capacity and rendering service to another rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent not limited to appearing in court or advising or advising in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of legal advice to clients embraces all advice to clients and all actions taken for them in matters connected with the law existence of an attorney-client relationship
Criteria for the Practice of Law
Habituality customarily or habitually holding oneself out to the public as a lawyer more than an isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind
Compensation one must have presented himself to be in the active practice and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his services charging for services such as preparation of documents involving the use of legal knowledge and skill is within the term of practice of law one who renders an opinion as to the proper interpretation of the statute and receives pay for it is practicing law
Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experience is within the term practice of la w.
Attorney-client relationship where a lawyer undertakes an activity which requires knowledge of law but involves no attorney-client relationship, such as teaching law or writing law books or articles, he cannot be said to be engaged in the practice of his profession as a lawyer giving of legal advice for compensation regarding the legal status and rights of another and one’s conduct with re spect thereto constitutes practice of law providing information about foreign laws on marriage, divorce and adoption which entails explaining to the client the intricacies of the law and advising him or her on the proper course of action falls squarely within the jurisprudential definition of the practice of law
What is Not Considered Practice of Law
gratuitous furnishing of legal aid to the poor and unfortunates who are in pursuit of any civil remedy, as a matter of charity, does not constitute practice of law mere records of realty to ascertain what they may disclose without giving any opinion or advice as to the legal effects of what they may be found, does not constitute the practice of law an ordinary preparation and drafting of legal instruments which does not involve the determination by a trained legal mind of the legal effects of facts and conditions, or whenever such acts involve the use of skills and intellect by a legal mind trained and schooled in a legal school of training likewise does not constitute practice of law work that involves only the clerical labor of filling in the blanks on stereotyped form or a mere mechanical act of copying from a file copy or finished document which involves no legal thing, is not considered legal practice
Importance of Knowing What Practice of Law is
to determine whether by the services render by one, a client-lawyer relationship has been established so as to entitle a lawyer to the payment of his fees may be the basis of filing an action for usurpation of official functions against one who, not being a member of the bar duly licensed to practice law by the Supreme Court, represents himself as a lawyer to the public and performs acts pertaining to a lawyer by means of deception to the prejudice of the bar, the public as well as the administration of justice there are legal remedies available for unauthorized practice of law to include injunction, declaratory relief, contempt of court, or disqualification and complaints for disbarment a criminal complaint for estafa may be filed against a person who falsely represented to be an attorney to the damage of a party any of these proceedings maybe initiated by an aggravated or interested party or by the bar association Regulation of Practice of Law Article VIII of the 1987 Constitution (Section 5, Subsection 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 underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. BAR DISCIPLINE Nature
The power to discipline a lawyer is judicial in nature and can be exercised only by the courts. It cannot be defeated by the legislative or executive departments. Objectives √ To ascertain that a lawyer still possesses the qualifications which are conditions precedents for the continuous practice of law; √ To compel the lawyer to deal fairly and honestly with the court and his client, requiring him to be competent, honorable and reliable; √ To deter others from similar misconduct; and √ To protect the court and the public from the misbehavior of its officers.
√ Probation sanction that allows a lawyer to practice law under specified conditions
The Supreme Court, the Court of Appeals and the Regional Trial Courts have the authority and power to warn, admonish, reprimand and suspend an attorney.
Other Sanctions and Remedies (RALARRO) √ √ √ √ √
Restitution Assessment of costs Limitation upon practice Appointment of a receiver Requirement that a lawyer take the bar examination or professional responsibility examination √ Requirement that lawyer attend continuing education courses √ Other requirements that the highest court or disciplinary board deems consistent with the purposes of the sanctions
The power to disbar a lawyer is exclusive and only the Supreme Court can exercise such power.
Forms of Disciplinary Measures (WARS-CDIP) √ Warning act of fact of putting one on his guard against an impending danger, evil consequence or penalty √ Admonition gentle or friendly reproof, mild rebuke, warning, reminder, or counselling on a fault, error, oversight expression of authoritative advice √ Reprimand public form and formal censure or severe reproof, administered to a person at fault by his superior officer or the body to which he belongs √ Suspension temporary withholding of a lawyer’s right to practice his profession as a lawyer for a certain period or for an indefinite period of time
Definite Indefinite qualified disbarment lawyer determines for himself how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law √ Censure official reprimand √ Disbarment act of the Supreme Court of withdrawing from an attorney the right to practice law name of the lawyer is stricken out from the Roll of Attorneys √ Interim Suspension temporary suspension of a lawyer from the practice of law pending imposition of final discipline Includes: suspension upon conviction of a serious crime; or suspension when the lawyer’s continuing conduct is or is likely to cause immediate and serious injury to a client or public
The fact that the complainant manifested that he is no longer interested to pursue the administrative case against the respondent would not render the case moot. Nature of the Proceedings (Suspension and Disbarment) √ sui generis neither purely civil nor purely criminal do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers not a criminal prosecution because they are not intended to inflict punishment not a civil action because there is neither plaintiff nor respondent √ confidential Three-fold purpose of the confidentiality: To enable the court to make its investigation free from any extraneous influence or interference; To protect the personal and professional reputation of attorneys from baseless charges of disgruntled, vindictive and irresponsible persons or clients by prohibiting the publication of such charges pending their final resolution To deter the press from publishing the charges or proceedings based thereon for even a verbatim reproduction of the complaint against an attorney in a newspaper may be actionable. Characteristics √ Neither a civil nor a criminal proceeding. √ Double jeopardy cannot be availed of in a disbarment proceeding against an attorney, since disbarment does not partake of a criminal proceeding. √ Can be initiated motu proprio by the Supreme Court or by the IBP. It can be initiated without a complaint.
√ Can proceed regardless the interest or lack of interest of the complainants if the facts proven so warrant. √ Imprescriptible. confidentially until its final √ Conducted determination. √ It is itself a due process of law. √ Whatever has been decided in a disbarment case cannot be a source of action that may be enforced in another action. √ In pari delicto rule not applicable. √ No prejudicial question in disbarment proceedings. √ Penalty in a disbarment case cannot be in the alternative. √ Monetary claims cannot be granted, except restitution and return of monies and properties of the client given in the course of the lawyer-client relationship. Grounds
Rule 138, Section 27 of the Revised Rules of Court √ Deceit √ Malpractice or other gross misconduct in office √ Grossly immoral conduct
Other Statutory Grounds √ Acquisition of an interest in the subject matter of the litigation, either through purchase or assignment (Article 1491, Civil Code). √ Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the client’s secrets (Article 208, Revised Penal Code). √ Representing conflicting interests (Article 209, Revised Penal Code). Exception: When there is consent from the party or client.
Lawyer’s Misconduct in His Private Capacity General Rule: A lawyer may not be suspended or disbarred for misconduct in his non-professional or private capacity. Exception: If the misconduct is so gross as to show him to be wanting in moral character, honesty, probity and demeanor.
Misconduct Before or Incident to Admission A lawyer may be disbarred from misrepresentation of or false pretense relative to the requirements for admission to practice. The fact that he lacked any of the qualifications for membership in the bar as the time he took his oath is aground for his disbarment.
Misconduct Committed Outside Philippine Jurisdiction A Philippine lawyer may be admitted to the bar in a foreign country. In such case, he may practice law in both countries.
If he commits misconduct outside the Philippine jurisdiction, which is also a ground for disciplinary action under Philippine law, he may be suspended or disbarred in this country. Suspension and Disbarment of Lawyers Holding Government Office
General 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 a government official. Exception: If the misconduct of a government official is of such a character as to affect his qualification as a lawyer or to show moral delinquency, then he may be disciplined as a member of the Bar upon such ground. Exception to the Exception: The exception does not apply impeachable officials like Supreme Court Justices, Members of the Constitutional Commission and Ombudsman because they can be removed only by impeachment.
CANON 1: A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
CANON 15: A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
CANON 2: A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
CANON 3: A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DISNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. CANON 4: A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5: A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. CANON 6: THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. CANON 7: A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DISGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. CANON 8: A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. CANON 9: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. CANON 10: A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. CANON 11: A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPCET DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT OF OTHERS. CANON 12: A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. CANON 13: A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. CANON 14: A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
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. CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. CANON 19: A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. CANON 20: A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEYCLIENT RELATION IS TERMINATED. CANON 22: A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.