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Legal ethics – branch of moral science which treats the duties which an attorney owes to the court, to his clients and to his colleagues in the profession. Importance – so that people will continue to repose their trust in lawyers an in the role they play in the administration of justice Primary characteristics legal profession vs business: -

Duty of public service

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Lawyers and officers of the court

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Fiduciary relation to client

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Candor, fairness to colleagues

Can corporation practice law? NO, practice is reserved only to natural persons who are lawyers. Partnership – mere relationship or association for the practice of law; not a legal entity Professional law partnership: – –

even if registered w/ SEC, is not even a tax payer; any practicing lawyer in a law partnership is considered a solo practitioner and a solo taxpayer, not a partnership Rests in the nature of the privilege and the confidential trust relation between lawyer-client

Basis of practice – personal accountability Sources of legal ethics: -

Constitution

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Rules of court

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Legislation

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Codes of professional responsibility

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Canons of professional ethics

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Court decisions

Practice law? No – public officials (7) Puyat vs de Guzman – CONGRESS – can’t appear in person as counsel – even buying nominal share in a corporation Ethics vs morality -

Morals: personal character

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Ethics: social system in which morals are applied; point to standard or codes of behavior w/c individuals belong

Power to admit to the bar: Vested in the SC, Basics requirements -

citizen of pinas

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at least 21

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good moral character

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resident of pinas

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satisfactory evidence for good moral – SC; no charges of moral turpitude

moral turpitude – offends the generally accepted code of mankind; act of vileness, etc. ex: robbery, adultery, bigamy, rape CUEVAS – frat, admitted to the bar –not allowed to take oath Warranties of SC in admitting practice: -

necessary learning and proficiency

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good moral character

MONSOD – PRACTICE OF LAW – w/ application of law Old concept practice of law – PEOPLE VS VILLANUEVA -

HABITUALITY

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COMPENSATION

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APPLICATION OF LAW

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ATTORNEY-CLIENT RELATIONSHIP

FRIEND LAWYER –

Scrivening – filling blanks standardized or stereotypes with purely clerical work; NOT A PRACTICE OF LAW Teaching of law – not a practice of law; no lawyer-client relationship PRACTICE OF LAW – privilege and right -

Privilege – bow to the inherent regulatory power of the court

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Right – lawyer can’t be prevented from practicing law w/o valid reason

AGRAVA CASE – can practice law, even w/o having to take further exams WHO CAN practice law? -

Admitted to the bar

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Good and regular standing

Practice limited to lawyers – protect party litigants of the complex nature of judicial proceedings; to protect public interest; Sanctions: -

Injunction to restrain continuation of authorized practice

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Contempt of court

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criminal prosecution

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damages

MANANGAN – one who masquerades as a lawyer (even not) – guilty of contempt of court; sentenced to 3 months imprisonment Shari’a lawyers – LLB graduate – not allowed to practice before regular courts even if both parties are Muslims Par. 2, Art 143 of P.D. 1083, The Code of Muslim Personal Laws of the Philippines, provides for concurrent jurisdiction of the Shari’a District Court with existing civil courts Appearance “Pro Hac Vice” -

Appearance by a lawyer who is not licensed to practice in a jurisdiction, but only in connection with a particular case; may be allowed by courts under very limited instances, if the appearance is only on an isolated case and no compensation is charges for the service

Appearance “In Propria Persona” or “Pro Se” Practice -

Appearance in court by a non=lawyer for himself and without the assistance of a member of the Bar

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Basis: Sec. 1, Art III, Constitution (due process clause); Sec. 1 (2), Art III. Constitution (due process – right to be heard by himself and counsel, especially in criminal cases); Sec. 3, Rule 7, ROC ____ pleading must be signed by the party or counsel representing him..”

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Pro Se practice does not apply to corporations - Otherwise it would circumvent the prohibition on corporate practice of law. Thus, it must hire a lawyer to collect irs bills, for instance.

Non-lawyers who are authorized to appear in court: -

GR: a nonlawyer may represent a party before the MTC

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Exc: criminal case

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Exc to the Exc: in a locality where a duly licensed member of the Bar is not available

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Senior Student – enrolled in a recognized law school education program approved by the SC may appear before any court tribunal, agency, office, without ---------------------

Public Officials who can’t practice law: -

Judges, other officials/employees of the superior court

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OSG officials and employees

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Government prosecutors

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President, Vice President, Members of the Cabinet, their deputies and assistants

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Members of the Constitutional Commissions

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Ombudsman and his deputies

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Governors, city and municipal mayors

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Those prohibited by special law (R.A. 6713, Sec, 7, [b-2]

Public Officials with Restrictions in the Practice of Law -

No Senator or member of the House may personally appear as counsel before any court, electoral tribunal, quasi-judicial and other administrative bodies

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Sec. ?, R.A. 7160 – Sanggunian members shall not:

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Appear as counsel before any court in a civil case wherein a local government unit or any office, agency, or instrumentality of the government in the adverse party

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Appear as counsel in criminal case wherein no officer or employee of the national or local government is accused of an offense committed in relation to his office

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Collect any fee for their appearance in administrative proceedings including the LGU of which he is an official

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Use property and personnel of the government except when the Sanggunian Member concerned is defending the interest of the government

Sec. 1, R.A. 910 – a retired judge receiving pension from the government, can’t act as counsel in any civil case in which the government or any of his 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

Terms:

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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).

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Attorney, Counsel, Abogado, Boceros – that class of persons who are licensed officers of the court, empowered o appear, prosecute and defends; and upon whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence (Cui vs Cui, 120 Phil. 729)

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Bar – whole body of lawyers

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Bench – whole body of judges and justices

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Bar Admission – act by which one is licensed to practice in courts of particular jurisdictions after satisfying certain requirements such as bar examination, period of residency, or admission on grounds of reciprocity

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Attorney-in-fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment 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 necessary a lawyer.

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Counsel de officio - 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 of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)]

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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 Traders Insurance Corp., 33 La. Ann. 209)

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Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court records as the attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds. Cal. 2d580).

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Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261) Another definition – venerable member of the firm

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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.

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Amicus Curiae – friend of the court; a person with strong interests in or views on the subject matter of an action but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views, experiences and impartial attorneys may be invited by the court to appear as amicus curiae to help in the disposition of cases submitted to it

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Amicus Curiae par excellence – bar associations that appear in a case as amicus curiae

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

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Bar Association – an association of members in the legal profession

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

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Barrrister (England) – a person entitled to practice law as an advocate or counsel in superior court.

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Solicitor (England) – A person prosecuting or defending suits in Courts of Chancery (court which administers equity and proceeding according to the forms and principles of equity)

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Solicitor (Philippines) – A government lawyer attached with the Office of the Solicitor General.

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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.

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Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Laws but membership of the Bar after due admission thereto, qualifying one for the practice of law.

Chapter 1 – The Lawyer and Society CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. Lawyer’s Oath – contains in capsule form the ethical standards required for lawyers 1. Not to unduly delay a case – lawyer was reprimanded when he used his legal expertise to unnecessarily and unjustly delay a case (Del Mundo vs CA, 252 SCRA 432) 2. To delay no men for money or malice – a lawyer should not refuse or delay a case just because he may not be paid well or as expected by him because the legal profession is not a money-making trade. But this does not mean that a lawyer cannot reject a case the facts of which do not convinces him to be meritorious. If a lawyer is deliberately not paid, the honorable thing for him to do is to withdraw from the case so as to allow the client to employ another lawyer. 3. Do no falsehood – guardian of truth Bongalonta vs Castillo, 240 SCRA 310 Moreno vs Araneta, A.C. No. 1109, April 27, 2005 The lawyer’s highest honor is found in a deserved reputation for fidelity to private trust and public duty, as an honest man and as a patriotic and loyal citizen (Canon 32, last sentence, CPE) Discouraging Lawsuits

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Under Rule 1.03 of CPR, a lawyer shall not for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause

Crime/Tort of Maintenance – Intermeddling of an uninterested party to encourage lawsuit A lawyer owes to the society and to the court the duty not to stir up litigation. The following are unprofessional acts: 1. Volunteering advice to bring lawsuit except when ties of blood, relationship and trust make it a duty to do so 2. Hunting up defects in titles to other causes of action; to breed litigation by seeking out claims for personal injuries 3. Employing agents or runners 4. Paying direct or indirect reward to those who bring or influence the brining of cases to his office 5. Searching for unknown heirs and soliciting their employment Justifiable and Unjustifiable Litigation - The lawyer must decline a case when convinced that it is intended merely to harass, or to injure the opposite party or work oppression - But otherwise, it is his right, and having accepted engagement, it becomes his duty to insist upon the judgment of the court as to the legal merits of his client’s claim or defense, his appearance in court should be deemed equivalent to an assertion on his honor that in his opinion his client’s case is one proper for judicial determination. A lawyer has the following duties, inter alia: • To uphold the Constitution and obey the law • Not to engage in unlawful conduct • Not to counsel illegal activities • Not to encourage lawsuits • To encourage amicable settlement Barratry – offense of frequently inciting and stirring up quarrels and suits; fomenting suits; then offering his legal services to one of the parties Ambulance Chasing – a lawyer’s act of figuratively chasing the victims of an accident for the purpose of talking to the victim or the latter’s relatives and offering his legal services for the filing of the case against the person who caused the accident Barratry vs Ambulance Chasing • •

Barratry – refers to any action; Ambulance Chasing – refers only to personal injury actions Barratry – may refer to suits before any for a; Ambulance Chasing – refers to cases brought before the courts

Recognized evils of Ambulance Chasing: 1. Fomenting of litigation; burden on courts and society 2. Subordination of perjury 3. Mulcting of innocent persons by judgments, upon manufactured causes of action 4. Defrauding of injured persons having proper causes of actions but ignorant of their legal rights and court procedures (by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against the just rights of the injured) 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. Valid reasons to decline engagement: (Rule 14.03) – not in a position to carry out the work effectively or competently; he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client) Must exercise the same degree or standard of diligence accorded to paying clients; legal aid is not a matter of charity but a public responsibility B.M. 2012, February 10, 2009, Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers All practicing lawyers are required to render a minimum of 60 hours of free legal aid services to indigent litigants in a year. Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to coordinate with a lawyer for cases where he may render free legal aid service. Lawyers excluded in the term of “practicing lawyer” 1. Government employees and incumbent elective officials not allowed by law to practice 2. Lawyers who by law are not allowed to appear in court 3. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations

(POs) like the Free Legal Assistance Group who by the nature of their work render free legal aid to indigent and pauper litigants and 4. Lawyers not covered under subparagraphs (1) to (3) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies Indigent and pauper litigants are those whose gross income and that of their immediate family does not exceed an amount double the monthly minimum wage of an employee and those who not own any real property. They are exempt from payment of docket fees and lawful fees as well as transcripts of stenographic notes. A penalty of P4,000 shall be imposed on the lawyer who fails to meet the required minimum number of hours of legal aid service each year required by the IBP without satisfactory explanation. The lawyer shall have a “not in good standing” status and shall not be allowed to appear in court or any quasi-judicial body as counsel for a period of 3 months. A lawyer who fails to comply with their duties in the Rule for at least 3 consecutive years shall be subject to disciplinary proceedings and may be suspended from the practice of law for 1 year.

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. (immediate legal advice) Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. (Solicitation – discussed with Canon 3) Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. • •

Consider the IBP Chapter approved Schedules of Attorney’s fees To avoid demeaning and degrading competition

CANON 3 - A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Advertising GR: a lawyer cannot advertise his talent, as he is a member of an honorable profession the primary purpose of which I to render public service and secure justice; remuneration is a mere accident. EXC: (Forms of Permissible Advertisement)

1. Writing legal articles; for legal publications in which he gives information upon the law but cannot 2. 3. 4. 5. 6. 7.

accept employment from such publication to advise inquires in respect to individual rights of persons Laws lists, but only brief biological and informative data Ordinary professional cards Notice to other local lawyers and publishing in a legal journal of one’s availability Proffer of free legal services to the indigent, even when broadcasted over the radio or tendered through circulation of printed matter to the general public Simple announcement of the opening if a law firm or of changes in the partnership, firm name or office address, being for the convenience of the profession Listing in a phone directory, but not under a designation of a special branch of law

Solicitation of cases constitutes malpractice The law prohibits lawyers from soliciting cases for the purpose of gain, either personally ir through paid agents or brokers (Rule 138, Sec. 27, ROC) Use of Law Fir Name: 1. 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. This rule abandoned the doctrine in the case of In Re: Sycio, 93 SCRA 1 (1979). 2. 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 concurrently 3. Filipino lawyers cannot practice law under the name of a foreign law firm, as the latter cannot practice law in the Philippines and the use of foreign law firm name in the country is unethical. 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.

Examples: • •

Present position papers or resolutions for the introduction of pertinent bills in Congress Petition with the SC for the amendment of the ROC

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. BAR Matter 850: Mandatory Continuing Legal Education, August 8, 2000 Purpose: To ensure that throughout their careers, they keep breast with law and jurisprudence, maintain the ethics of the profession and enhance practice of law. Requirements for Completion of ML: at least 36 hours of continuing legal education activities per 3 years: • • • • • • •

6 4 5 9 4 2 6

hours hours hours hours hours hours hours

– – – – – – –

legal ethics trial and pretrial skills alternative dispute resolution updates on substantive and procedural laws and jurisprudence writing and oral advocacy international law and international conventions other subjects as may be prescribed by the MCLE Committee

Persons exempted from MCLE: 1. President, Vice President and Undersecretaries of the Executive Department 2. Senators and HR Members 3. Chief Justice, Associate Justice of the Supreme Court; incumbent and retired justices of the Judiciary, incumbent members of the JBC and incumbent court lawyers covered by the Philippine Judicial Academy Program of continuing legal education 4. Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the DOJ 5. Solicitor General; Associate Solicitor General 6. Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel 7. Chair and members of the Constitutional Commissions 8. Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman, Special Prosecutor 9. Head of government agencies exercising quasi-judicial functions 10. Incumbent Deans, bar reviewers and professors of law having teaching experience of at least 10 years in accredited law school 11. Chancellor, Vice Chancellor, and members of the Corps of Professional Lecturers of the Philippine Judicial Academy 12. Governors and Mayors 13. Others: a. Those who are not in law practice, private or public b. Those who have retired from law practice with the approval of the IBP Board of Governors Good Causes for Exemption form of Modification of Requirement: • •

Verified request Grounds: o Physical disability o Illness o Post-graduate study abroad o Proven expertise in law

Consequences for Non-Compliance: 1. Listed as delinquent member by the IBP Board of Governors upon the recommendation of the Committee on MCLE The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE BAR Matter No. 1922, June 3, 2008 "Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. – The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program.

The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records. The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation."

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

A lawyer does not shed his professiona; obligations upon his assuming public office Lawyers who are incumbent judges are governed by the Code of Judicial Conduct. They cannot be investigated by the IBP Commission on Bar Discipline.

R.A. 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees • •

Public officials (including government lawyers) o Elective, appointive, permanent, temporary, career, non-career (including military and police), whether or not they receive compensation, regardless of the amount These norms should be observed in the discharge and execution of official duties: o Commitment to public interest o Professionalism o Justness o Sincerity o Political neutrality o Responsiveness to the public o Nationalism o Patriotism o Commitment to democracy o Simple living

Canon 6 -THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. • •

Primary duty is not to convict but to see that justice is done The suppression of facts or concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is caused for disciplinary action

A prosecutor is a quasi-judicial officer. Thus, he should be as much concerned with seeing that no innocent man suffers as in seeing that no guilty man escapes. If a prosecutor finds that there is no sufficient evidence: • • •

In the preliminary investigation: resolve to the effect that there is no problem cause If case has already been filed: file a motion before the court for the dismissal of the action If case on appeal: recommend before the appellate court the acquittal of the accused

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. GR: 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 Exc: misconduct is of such character as to affect his qualification as a lawyer to show moral delinquency, then he may be disciplined as a member of the bar Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. (otherwise, tantamount to the representation of conflicting interests). PCGG vs Sandiganbayan; GR No. 151805 (2005) •

Matter: any discrete, isolatable act as well as identifiable transaction or conduct involving a particular situation and specific party, and not merely an act of drafting, enforcing or interpreting government agency procedures, regulations or laws, or briefing abstract principles of law

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Interventions as contemplated under Rule 6.03: o An act of a person who has the power to influence the subject proceedings o Such intervention cannot be insubstantial, insignificant or innocuous

RA 3019, Sec. 3(d) – corrupt practices of public officials: xxx 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 and within one year after its termination RA 6713, SEC. 7(b) Prohibitions: 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. (This prohibition shall continue 1 year after separation)

The lawyer and the legal profession In a nutshell: uphold the integrity and dignity of the legal profession and support the IBP. Be courteous, fair and frank to fellow lawyers. Not to assist in the unauthorized practice of law. Not to encroach upon the employment of another lawyer.

Canon 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the activities of the Integrated Bar. 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. Otherwise: • • •

Denied permission to take the Bar Not allowed to take oath Stricken from the Roll of Attorneys

In Re: Ramon Galang (66 SCRA 282) – Under oath: “he has not been charged with any offense before a Fiscal, Municipal Judge, or other officers; or accused of, indicated for or convicted by ant court or tribunal of any crime involving moral turpitude; nor is there a pending case against him”. But he intentionally withheld his criminal case of slightly physical injuries which was still pending (he was allowed to take the Bar 7 times due to such concealment) and allowed to take his oath in 1972. LICENSE REVOKED. Diao vs MArtines (7 SCRA 477) – False pretenses in misrepresenting that he finished Associate in Arts Degree when he had not. STICKEN FROM THE ROLL. If what is concealed is a crime not involving moral turpitude – concealment is itself evidence of sufficient lack of moral character 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. -

Violation makes a lawyer liable for disciplinary action; gross misconduct in office (Rule 138, Sec. 27, ROC)

Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession -

Commission of unlawful act though not related to the discharge of professional duties which put his moral character in serious doubt, renders him unfit to continue practicing law.

Duty to uphold the honor of the profession: -

Expose without fear or favor before the proper tribunals corrupt or dishonest conduct in the profession

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Accept without hesitation employment against a member of the Bar who has wronged his client Guard the bar against admission to the profession of persons of deficient moral characters.

The Integrated Bar -

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Official state organization requiring membership and financial support of all attorneys as a condition precedent to the practice of law. National organization of lawyers (IBP) created January 16, 1973pursuant to Rule 139-A ROC.

Integration of the Bar -

Essentially a process by which every lawyer is afforded an opportunity to do his share in carrying out the objectives of the BAR as well as obliged to bear his portion of its responsibilities Dictated by overriding considerations of public interest which justifies the restrictions that integration imposes upon the personal interests and convenience of the individual lawyers. Mandated by the Constitution when it gave the SC powers to promulgate rules concerning, among others, the integration of the Bar.

Is bar integration constitutional? (In Re: Edillon) -

Valid exercise of police power over an important profession Legal practice not a right but a privilege SC has plenary power in all cases regarding the admission to and supervision of the practice of law Not violative of the freedom of association. Integration does not make a lawyer a member of any group of which he is nit already a member Only compulsion is the payment of annual dues; cost of improving the profession should be shared by the subjects and beneficiaries of the regulatory program, the lawyers.

Santos vs Llamas (A.C. No. 4749. January 20, 2000). The exemption granted by R.A. 7432 to senior citizens from paying individual income tax does not exempt lawyers who are likewise senior citizens from paying IBP dues and privileged tax. Integrated Bar Compulsory Sine qua non to the practice of law Violation of rules on integration is sufficient cause for disbarment or suspension

Bar Associations voluntary no no Shall not operate at cross-purposes with the IBP (should not obstruct or defeat the purposes of the IBP

Canon 8 – A lawyer shall conduct himself with courtesy, fairness and candor towards 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. -

Should be observed even in the pleadings that lawyers file. Forceful but dignified, emphatic but respectful Clients, not the lawyers, are the litigants Want of intention not an excuse for the disrespectful language used

Rule 8.02 –A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. -

A lawyer should not steal clients A lawyer shall not negotiate with opposite party who is represented by counsel, without the latter’s knowledge or presence A lawyer may however interview any witness or prospective witness of the adverse party CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

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Only those licensed by the SC may practice law in this jurisdiction.

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. -

Delegation to a non-lawyer, or to a disbarred lawyer, suspended a lawyer, alien lawyer… unethical

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Cannot even delegate to a qualified person without the client’s consent (personal relationhip)

Rule 9.02. A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law, except: a. where there is a pre-existing agreement with the 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 the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole as in part, on a profit-sharing arrangement.

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

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired. Rule 11.02 - A lawyer shall punctually appear at court hearings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its proferrence. He should also be ready with the original documents for comparison with the copies. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.

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.

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.

CHAPTER IV. THE LAWYER AND THE CLIENT CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person. But he can decline if there is a valid and justifiable ground. •

Can a lawyer refuse to represent an accused believing he is guilty?

-No. the sole reason is his belief only, trial has not yet began but he has already convicted a person. Everybody deserve proper defense and due process. He should defend the accused by all fair and reasonableness. • • •

Grounds to dismiss a case – transcription, the complaint was not filed at a proper authority, double jeopardy. You know the accused is already guilty yet NO judgement – fight for the acquittal. Not applicable in civil cases

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Can the accused refuse a counsel de officio? Yes if he has a counsel de parte that he wants to hire a counsel given a sufficient time. But without valid ground , he cannot refuse. •

Can the judge assign a lawyer to render free legal aid in civil cases? –yes

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if: (a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. •

Conflict of interest – when the lawyer would argue a claim of one hand and would argue the defense against such claim on the other hand. Applies even if atty-client relationship seized.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.

when talking with a person, you should ascertain if there is a potential conflicting of interest MEJIA VS, Reyes – conflict of interest 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. 15.02 - respect of matters disclosed to him. Loyalty to the client. Sec. 24 (b), Rule 130, ROC Are pleadings confidential? Yes, before they are files in court Unprivileged communication: lawyer can be compelled to testify, or else he may be cited in contempt of court Basic limitations of privileged communication: • •

Purpose if seeking legal advice Does not extend to communication of future crimes, a person committing or about to commit a crime can have no privileged witnesses; communication must be for lawful purpose or in furtherance of a lawful end;

Privilege applies to law students under the Law Student Practice Rule 2 fold purposes of the rule • •

To encourage client to make full disclosure without fear To enable counsel to obtain full info so as not to misled in the evaluation of the merits or demerits of the client’s case

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. –

written consent of all concerned after a full disclosure of the facts (exception)

Hilado vs David –mere consultation suffices that client-lawyer relationship exists.

Rule 15.04 – a lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. - frankness to the client. Shall give honest and candid statement to the client on the merits and probable results of client’s case. *This is an instance of candor. 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. -shall not state and imply that he is able to influence any public official, tribunal or legislative body. 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. Lawyers should advice clients on matters on decorum and proper attitude towards courts of justice On matters of kaw, it is the lawyer who should hold the reins. The client should yield to the lawyer and not the other way around.

“lawyering” or ‘Being a mere mouthpiece of the client” - wicker vs archangel Lawyers should advise clients on matters of decorum and proper attitude towards courts of justice. Ie: curbing the client’s desire to publicize the litigation 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. - a lawyer 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. Santiago -failure of the lawyer to file an answer a civil complaint due to heavy pressure of work and over zealousness is not an excuse because the court has already directed it. NWU vs Arquilio – he was representing conflicting interests. Inconsistency of the position. There are conflict of interest if the lawyer have argue on one claim and argue with same claim on the other hand, PNB vs SEDO – he know the strength and weaknesses of PNB still he accepted a case against PNB. When can a lawyer not be compelled to divulge the identity of their client?

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. - owes fidelity to the cause of his client and he shall be mindful of the trust Atty Bulalacao – even after atty and client relationship has been terminated still the Relationship of lawyer-client is highly fiduciary and demands outmost fidelity and good faith