Documente Academic
Documente Profesional
Documente Cultură
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LEGAL ETHICS
Preliminaries
Q: What is a Bar?
A: It refers to the whole body of attorneys and counselors.
They are the members of the legal profession.
It refers to the collectivity of persons whose names appear in
the Roll of Attorneys.
Q: What is the Bench?
A: It is the whole body of judges.
Q: What is bar admission?
Bar examinations
Period of residency
Admission on grounds of reciprocity after period of
years as member of the bar
Q: Who is a lawyer?
Q: What are the original bases of Legal Ethics?
A: It refers to a person trained in the law and authorized to
advise or represent others in legal matters.
A:
1.
2.
3.
4.
5.
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Q: Who is a client?
A: He is one who engages the services of a lawyer for legal
advice or for purpose of prosecuting or defending a suit in his
behalf and usually for a fee.
Alawi v. Alauya
Q: Who is a House Counsel?
Q: Is an officer of the Sharia Court entitled to the use of the
title lawyer?
A: No. Persons who pass the Sharia Bar are not full-fledged
members of the Philippine Bar.
The title of attorney is reserved to those who, having
obtained the necessary degree in the stufdy of law and
successfully taken the Bar Examinations, have been admitted
to the IBP.
Q: Who is an attorney-in-fact?
A: He is simply an agent whose authority is strictly limited by
the instrument appointing him.
His authority is provided in a special power of attorney or
general power of attorney. He is not necessarily a lawyer.
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Q: Who is a barrister?
IBP is a Non-Political Bar
A: He is a person entitled to practice law as an advocate or
counsel in superior courts.
Q: Who is a Solicitor?
A: In the Philippines, he is a government lawyer attached with
the Office of the Solicitor General.
Integration of the Bar
This is the unification of the entire lawyer population.
It is an official national body of which all lawyers are required
to be members.
Integrated Bar of the Philippines
The IBP is created on January 16, 1973. It is constituted on
May 4, 1973 into a body of corporate by PD No. 181.
____________________________________________
A:
Sec. 5 of Rule 138: All applicants for admission shall, before
being admitted to the examination, satisfactorily show that
they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by
the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of
law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless
he has satisfactorily completed the following courses in a law
school or university duly recognized by the government:
a.
b.
c.
d.
e.
f.
g.
h.
i.
civil law
commercial law
remedial law
criminal law
public and private international law
political law
labor and social legislation
medical jurisprudence
taxation and legal ethics.
7.
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2.
a.
b.
c.
____________________________________________
1.
3.
4.
of
c.
A:
1.
2.
3.
4.
5.
6.
7.
8.
9.
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d.
c.
d.
e.
f.
g.
h.
i.
The CPR is the principal source and basis of the rule of ethics
for members of the bar who do not belong to the judiciary.
For judges and justices, it is the Code of Judicial Ethics.
The CPR applies to lawyers in the government service except
the magistrates.
Q: When was the CPR promulgated?
A: On June 21, 1988.
NOTE: The CPR is based on the Canons of Professional Ethics
of the American Bar Association.
b.
It is the duty of an
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RULE 1.01
CANON 1
The lawyers oath
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the 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 these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
Lawyers primary duty to society or state. It is the lawyers
primary duty to society or state to uphold the Constitution,
obey the laws of the land and promote respect of law and
legal processes.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Estafa
Bribery
Murder
Bigamy
Seduction
Abduction
Concubinage
Smuggling
Falsification of public document
Violation of BP 22
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2.
3.
4.
Q: What is immorality?
A: It is the doing of an act which is contrary to conscience.
Morality as understood in law
This is human standard based on the natural moral law which
is embodied in mans conscience and which guides him to do
good and avoid evil.
5.
6.
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Barratry
Q: What are the instances of delay condemned by the SC?
Q: What is barratry?
A:
A: It is the offense of frequently exciting and stirring up
quarrels and suits, either at law or otherwise. It is the act of
Fermenting suits among individuals and offering his legal
services to one of them for monetary motives or purposes.
Ambulance chasing
It is the lawyers act of chasing an ambulance carrying the
victim of an accident for the purpose of talking to the said
victim or relatives and offering his legal services for the filing
of a case against the person who caused the accident.
1.
2.
3.
4.
5.
6.
7.
A:
RULE 1.04
1.
2.
3.
4.
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2.
3.
4.
CANON 2
Hence, improper solicitation of legal business is prohibited.
RULE 2.01
Advertisement lowers the standards of the profession.
Q: Who are the defenseless?
Q: When is solicitation of legal business permissible?
A: They are those who are not in a position to defend
themselves due to poverty, weakness, ignorance or other
similar reasons.
The oppressed are the victims of acts of cruelty, unlawful
exaction domination or excessive use of authority.
A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct
governing his relation with paying client.
Legal aid is not a matter of charity but a public responsibility.
Legal aid is a matter of public responsibility. It is not a matter
of charity. It is a means for the correction of social imbalance
that may and often do lead to injustice.
RULE 2.02
Rule 2.04
In case of non-acceptance of the case of the defenseless or
oppressed, legal advice should still be rendered to safeguard
their rights.
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RULE 3.03
CANON 3
A lawyer may make known his legal services.
RULE 3.01
Self-praises or false claims on qualifications or quality of legal
services is unethical.
RULE 3.02
CANON 4
Improvement of the legal system
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CANON 6
The CPR shall govern the acts of all lawyers including those in
the service of the government like the OSG.
Lawyers who are incumbent judges and magistrates shall be
governed in the performance of their official functions by the
Code of Judicial Conduct.
Q: Who are public officials?
A: They include elective and appointive officials and
employees, permanent or temporary, whether in the career
or non-career service, including military
and police
personnel, whether or not they receive compensation,
regardless of amount.
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.
3.
c.
13
f.
g.
h.
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14
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15
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A:
1.
4.
strong
language
used
is
justified.
CANON 8
RULE 8.02
Lawyers must conduct themselves honorably, fairly and
candidly toward each other. Respect generates respect.
Q: State some instances of lack of candor (honesty).
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RULE 9.02
A lawyer can only divide or stipulate to divide fees for legal
services with another lawyer who had rendered legal services
with him in a case or legal work,
CANON 9
Q: What is the rationale for the prohibition?
Unauthorized practice of law
Unauthorized practice of law is committed when a person not
a lawyer to be one and performs acts which are exclusive to
members of the bar.
Section 21. Authority of attorney to appear. an attorney is
presumed to be properly authorized to represent any cause
in which he appears, and no written power of attorney is
required to authorize him to appear in court for his client, but
the presiding judge may, on motion of either party and on
reasonable grounds therefor being shown, require any
attorney who assumes the right to appear in a case to
produce or prove the authority under which he appears, and
to disclose, whenever pertinent to any issue, the name of the
person who employed him, and may thereupon make such
order as justice requires. An attorneys wilfully appear in
court for a person without being employed, unless by leave
of the court, may be punished for contempt as an officer of
the court who has misbehaved in his official transactions.
Assistance to the unauthorized practice of law is prohibited. A
lawyer shall not assist anyone who is not a member of the bar
to practice law in this country.
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RULE 10.01
RULE 10.02
The burden cast on the judiciary would be intolerable if it
could not take at face value what is asserted by counsel. The
time that will have to be devoted just to the task of
verification of allegations submitted could easily be imagined.
Even with due recognition then that counsel is expected to
display the utmost zeal in defense of a client's cause, it must
never be at the expense of deviation from the truth.
A lawyer is an officer of the court. He is an instrument or
agency to advance the ends of justice. His duty is to uphold
the dignity and authority of the courts to which he owes
fidelity not to promote distrust in an administration of justice.
Refilling a case which was already litigated before is not
forum-shopping but nevertheless a violation of Canon 10.
a.
b.
c.
Contents of paper;
Language or argument of opposing counsel;
Text of a decision or authority;
2.
3.
Carlet v. CA
Counsels act of filing a new case involving essentially the
same cause of action is likewise abusive of the courts
processes and may be viewed as improper conduct tending
to directly impede, obstruct and degrade the administration
of justice.
RULE 10.01
The lawyer must be truthful. He must be a minister of truth.
Hence, he must not mislead the court nor allow the court to
be misled by an artifice.
A:
1.
2.
3.
4.
5.
6.
7.
8.
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RULE 10.04
The rule aims to avoid surprises and backstabbing. Cards of
the lawyers must be laid on the table for openness,
candidness and transparency.
Canlas v. CA
As we have intimated, we cannot overlook the unseemlier
side of the proceeding, in which a member of the bar would
exploit his mastery of procedural law to score a "technical
knockout" over his own client, of all people. Procedural
rules, after all, have for their object assistance unto parties
"in obtaining just, speedy, and inexpensive determination of
every action and proceeding." If procedure were to be an
impediment to such an objective, "it deserts its proper office
as an aid to justice and becomes its great hindrance and chief
enemy."
A litigation is not a game of technicalities in which one,
more deeply schooled and skilled in the subtle art of
movement and position, entraps and destroys the other. It
is, rather, a contest in which each contending party fully and
fairly lays before the court the facts in issue and then,
brushing aside as wholly trivial and indecisive all
imperfections of form and technicalities of procedure, asks
that justice be done upon the merits. Lawsuits, unlike duels,
are not to be won by the rapier's thrust.
Eternal Gardens Memorial Park Corp. v. CA and Seelin
We note that while lawyers owe entire devotion to the
interest of their clients and zeal in the defense of their
client's right, they should not forget that they are officers of
the court, bound to exert every effort to assist in the speedy
and efficient administration of justice. They should not,
therefore, misuse the rules of procedure to defeat the ends
of justice or unduly delay a case, impede the execution of a
judgment or misuse court processes. In Banogan et. al. vs.
Cerna, et. al.
As officers of the court, lawyers have a responsibility to
assist in the proper administration of justice. They do not
discharge this duty by filing pointless petitions that only add
to the workload of the judiciary, especially this Court, which is
burdened enough as it is. A judicious study of the facts and
the law should advise them when a case such as this, should
not be permitted to be filed to merely clutter the already
congested judicial dockets. They do not advance the cause of
law or their clients by commencing litigations that for sheer
lack of merit do not deserve the attention of the courts."
They should give way to the realities of the situation.
Procedural rules are intended as an aid to justice, not as a
means for its frustration.
Technicalities should give way to the realities of the situation.
CANON 11
Public duties of the attorney takes precedence over his
private duties.
In re: Sotto
To hurl the false charge that this Court has been for the last
years committing deliberately "so many blunders and
injustices," that is to say, that it has been deciding in favor of
one party knowing that the law and justice is on the part of
the adverse party and not on the one in whose favor the
decision was rendered, in many cases decided during the last
years, would tend necessarily to undermine the confidence of
the people in the honesty and integrity of the members of
this Court, and consequently to lower or degrade the
administration of justice by this Court. The Supreme Court of
the Philippines is, under the Constitution, the last bulwark
to which the Filipino people may repair to obtain relief for
their grievances or protection of their rights when these are
trampled upon, and if the people lose their confidence in
the honesty and integrity of the members of this Court and
believe that they cannot expect justice therefrom, they
might be driven to take the law into their own hands, and
disorder and perhaps chaos might be the result. As a
member of the bar and an officer of the courts Atty. Vicente
Sotto, like any other, is in duty bound to uphold the dignity
and authority of this Court, to which he owes fidelity
according to the oath he has taken as such attorney, and not
to promote distrust in the administration of justice. Respect
to the courts guarantees the stability of other institutions,
which without such guaranty would be resting on a very
shaky foundation.
Lawyers must be respectful not only in their actions but also
in their use of language whether in oral arguments or
pleadings.
Disrespectful acts and language are contemptuous.
In Re: Almacen
The counsel in any case may or may not be an abler or more
learned lawyer than the judge, and it may tax his patience
and temper to submit to rulings which he regards as
incorrect, but discipline and self-respect are as necessary to
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RULE 11.01
To maintain the dignity and respectability of the legal
profession, lawyers who appear in court must properly
attired. The traditional attires for male lawyers in the
Philippines are the long-sleeve Barong Tagalog and coat and
tie. Female lawyer appear in semi-formal attires. Judges also
appear in the same attire in addition to black robes.
RULE 11.02
It is the duty of the lawyer to be punctual in attendance and
to be concise and direct in the trial and disposition of cases.
Counsel may even be held in contempt in court for coming
late in the hearing or trial of a case.
Lack of punctuality interferes in the speedy administration of
justice. A judge who is unpunctual in his habits sets a bad
example to the bar and tends to create dissatisfaction with
the administration of justice.
RULE 11.03
Misbehavior in court is direct contempt.
Q: What is direct contempt?
A: It is misbehavior committed in the presence of or so near
the court or judge so as to obstruct or interrupt the
proceedings before the same, including disrespect toward the
court, and can be punished summarily without hearing.
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RULE 11.05
Criticism of court is not per se contemptuous. Constructive
and destructive criticisms are allowed.
Q: What is criticism?
A: It is an adverse analysis of an order, judgment or judicial
act of a magistrate with the aim of preventing or avoiding an
incipient injustice which may arise from the pernicious
(harmful) effects of the mistake, error or irregularity
committed.
If the purpose of the criticism is to timely correct or rectify
the mistake, error or irregularity that true justice may be
achieved, that is constructive criticism.
As to whether criticism is contemptuous or not will depend
not only upon the manner how it was presented but also on
the kind of tone of the language used as well as the apparent
intention of the critic. If it was arrogantly or haughtily
presented with abusive, scurrilous and offensive language
coupled with the malicious intention to mock, ridicule,
demean and offend the sensibilities of the court or the sitting
judge, it is unquestionably contemptuous. This is destructive
criticism which must not be tolerated.
IN RE: ABISTADO
That the constitutional guaranty of freedom of speech and
press must be protected in its fulles extent, but license or
abuse of liberty of the press and of the citizen should not be
confused with liberty in its true sense; that as important as is
the maintenance of an ummuzzled press and the free
exercise of the rights of the citizen is the maintenance of the
independence of the judiciary;
That the courts must be permitted to proceed with the
disposition of their busienss in an orderly manner free from
outside interfered obstructive of their constitutional
functions.
When the criticism does not go beyond the metes and
bounds of decency, morality and propriety, it is a healthy
kind. Such criticism which is constructive must be welcomed
by the judge rather than repulsed irritatingly.
IN THE MATTER OF PROCEEDINGS FOR DISCIPLINARY
ACTION AGAINST ATTY. VICENTE RAUL ALMACEN v.
VIRGINIA Y. YAPTINCHAY.
Criticism of the courts has, indeed, been an important part of
the traditional work of the bar. In the prosecution of appeals,
he points out the errors of lower courts. In written for law
journals he dissects with detachment the doctrinal
pronouncements of courts and fearlessly lays bare for -all to
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Maceda. Ombudsman
However, ee agree with petitioner that in the absence of any
administrative action taken against him by this Court with
regard to his certificates of service, the investigation being
conducted by the Ombudsman encroaches into the Court's
power of administrative supervision over all courts and its
personnel, in violation of the doctrine of separation of
powers.
Article VIII, section 6 of the 1987 Constitution exclusively
vests in the Supreme Court administrative supervision over all
courts and court personnel, from the Presiding Justice of the
Court of Appeals down to the lowest municipal trial court
clerk. By virtue of this power, it is only the Supreme Court
that can oversee the judges' and court personnel's
compliance with all laws, and take the proper administrative
action against them if they commit any violation thereof. No
other branch of government may intrude into this power,
without running afoul of the doctrine of separation of
powers.
The Ombudsman cannot justify its investigation of petitioner
on the powers granted to it by the Constitution, for such a
justification not only runs counter to the specific mandate of
the Constitution granting supervisory powers to the Supreme
Court over all courts and their personnel, but likewise
undermines the independence of the judiciary.
CANON 12
Speedy and efficient administration of justice is the common
aim of the bench and the bar.
This canon directs the lawyer to exert every effort and
consider it his duty to assist in the speedy and efficient
administration of justice.
RULE 12.02
FORUM-SHOPPING
The duplication or multiplication of suits must be avoided.
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Foronda v. Guerero
Indeed, while a lawyer owes fidelity to the cause of his client,
it should not be at the expense of truth and the
administration of justice. Under the Code of Professional
Responsibility, a lawyer has the duty to assist in the speedy
and efficient administration of justice, and is enjoined from
unduly delaying a case by impeding execution of a judgment
or by misusing court processes. Such filing of multiple
petitions constitutes abuse of the Courts processes and
improper conduct that tends to impede, obstruct and
degrade the administration of justice and will be punished
as contempt of court. Needless to add, the lawyer who files
such multiple or repetitious petitions (which obviously delays
the execution of a final and executory judgment) subjects
himself to disciplinary action for incompetence (for not
knowing any better) or for willful violation of his duties as an
attorney to act with all good fidelity to the courts, and to
maintain only such actions as appear to him to be just and are
consistent with truth and honor.
RULE 12.03
A lawyer who asked for extension of time must act in good
faith.
If the motion for extension of time is filed in bad faith from
the outset, it is an obstruction of justice. The lawyer is subject
to discipline.
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A:
Alonso v. Villamor
A litigation is not a game of technicalities in which one, more
deeply schooled and skilled in the subtle art of movement
and position, entraps and destroys the other. It is, rather, a
contest in which each contending party fully and fairly lays
before the court the facts in issue and then, brushing aside as
wholly trivial and indecisive all imperfections of form and
technicalities of procedure, asks that justice be done upon
the merits. Lawsuits, unlike duels, are not to be won by a
rapier's thrust. Technicality, when it desserts its proper
office as an aid to justice and becomes its great hindrance
and chief enemy, deserves scant consideration from courts.
There should be no vested rights in technicalities. No litigant
should be permitted to challenge a record of a court of these
Islands for defect of form when his substantial rights have not
been prejudiced thereby.
RULE 12.05
Coaching of witnesses during break or recess is condemned.
The moment a break or recess is declared during the trial and
the witness is still under examination, the lawyer must refrain
from talking to the witness. This is to prevent lawyers from
coaching or teaching the witness to answer in a certain way,
or to rectify certain statements damaging to his cause at the
resumption of the trial. This is to maintain fair play with the
other party and to prevent the examining lawyer from being
tempted to coach his own witness to suit his purposes.
2.
3.
4.
5.
RULE 12.06
Rationale of the rule
Assisting in
condemned.
misrepresentation
or
impersonation
is
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b.
CANON 13
RULE 13.02
RULE 13.01
Trial by publicity, when prejudicial
Extra-ordinary attention or hospitality to, or seek familiarity
with judges, to be avoided
Q: What is the reason for the prohibition?
A: The reason for the prohibition is to protect the good name
and reputation of the judge and the lawyer.
Lawyers should not also seek for opportunity to cultivate
familiarity with judges
A lawyer who joins a club or association for the purpose of
infiltrating the circle of the judges so that he can later hope to
influence them in relation to his cases or some legal matters
is highly unethical. The independence of the judges must be
protected at all times so that the administration of justice
may not be exposed to destructive suspicions before the
scrutinizing eyes of the litigants and the public as a whole.
Q: What are the consequences of such acts?
A: A lawyer who resorts to such practices of seeking
familiarity with judges dishonors his profession and a judge
who consents to them is unworthy of his high office.
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RULE 13.03
Lawyers shall not invite interference by another government
agency in the course of judicial proceedings
When a case is already within the jurisdiction of a court, the
lawyer should not cause or seek the interference of another
agency of the government in the normal course of judicial
proceedings.
CANON 14
RULE 14.01
Appointment as counsel de oficio
Lawyer not bound to accept all cases
Q: Should a lawyer acccept all the cases?
He must on his own responsibility decide what business he
will accept as counsel, what cases he will bring to court for
plaintiffs, or what cases he will contest in court for
defendants.
Restrictions
The lawyer cannot decline to represent a person for the SOLE
reason of the latters:
1. Race
2. Age
3. Creed
4. Status in life
5. Because of the lawyers opinion that said person is
guilty of the charge
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A:
1.
2.
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b.
Lack of competence
Conflict of interest
RULE 14.04
The lawyer shall not place his private interest over and
above that of his clients
Candor
Fairness
loyalty
a.
A:
Sequential or successive
representation
Generally occurs when a law
firm takes a present client
who has an interest adverse
to the interest of a former
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3.
No presumption of confidentiality
RULE 15.02
Preservation of the confidences and secrets of clients
XPNS:
1.
2.
3.
A:
a.
b.
c.
d.
e.
f.
Oral
Writing
Actions or signs
Other means of communication
It may be direct
Through a messanger, interpreter or through other
modes of transmission
Requisites of the Privileged communication
2.
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curriculum and is enrolled in a recognized law school's clinical legal
education 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.
RULE 15.03
Conflicting interests, concept
A:
Q: When is there conflicting interests?
1.
2.
A:
A:
1.
2.
3.
The client
The lawyer himself or the clients employee
The attorneys secretary, stenographer, or clerk
1.
2.
Unprivileged communication
Q: What are the kinds of communication that a client may
give upon the lawyer?
A: The information obtained by a lawyer from a client in their
attorney-client relationship is either:
1. Privileged
2. Unprivileged
the
limitations
of
the
privileged
Unauthorized act of representing conflicting interests is a
criminal offense
A:
1.
2.
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RULE 15.04
RULE 15.07
Art. 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
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CANON 16
Lawyer is trustee of clients moneys and properties
RULE 15.08
RULE 16.01
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Money not used for specific purpose is held also in trust and
must be accounted immediately
Attorneys lien is not an excuse for non-rendition of
accounting
The lawyer is not relieved of the obligation to make a proper
accounting even if he has an attorneys lien over the clients
moneys or funds in his possession.
A lawyer shall have a lien over the clients funds and may
apply so much thereof to satisfy his lawful fees and
disbursements but must give prompt notice to the client for
the latters advisement. This authority is applicable to the
lawyers retaining lien.
Q: What are charging liens?
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c.
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RULE 16.04
CANON 17
Fidelity to the cause of client must always be maintained
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CANON 18
Q: What is diligence?
XPN: If his client consents
A: It is the attention and care required of a person in a given
situation and is the opposite of negligence.
Presumption of diligence
RULE 18.02
RULE 18.01
Implication of acceptance of cases
Q: What are the consequences of acceptance by a lawyer of
a case?
A: When a lawyer accepts a case, whether for a fee or not, his
acceptance is an implied representation that he possesses the
requisite degree of academic learning, skill, and ability in the
practice of his profession; that he will exert his best judgment
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A:
1.
RULE 18.04
Client must be kept informed of the status of case
Q: Should the client be informed of the developments in his
case?
A: The client has the right to be fully informed of the status of
the case particularly on the important movements or
developments therein.
The lawyer has the corresponding duty to notify his client of
the important orders or decisions not yet known to the client.
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CANON 19
Blackmail
Devotion to the client; limitation
Q: What is blackmail?
Q: What is the limitation to the devotion of a lawyer to the
cause of his client?
A: The lawyer owes entire devotion to the interest of his
client, warm zeal in the maintenance and defense of his rights
and the exertion of his utmost hearing and ability.
The great trust of a lawyer is to be performed within and not
without the bounds of the law. the responsibiltiy for advising
as to questionable defenses is the lawyers responsibility. He
cannot escape it by urging as an excuse that he is only
following his clients instructions.
RULE 19.01
Art. 184. Offering false testimony in evidence. Any person who shall
knowingly offer in evidence a false witness or testimony in any judicial or
official proceeding, shall be punished as guilty of false testimony and shall
suffer the respective penalties provided in this section.
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RULE 19.03
CANON 20
rationale
behind
the
adequate
EXTRA-ORDINARY
An indemnity for damages
ordered by the court to be
paid by the losing party to
the prevailing party in
litigation
Basis
The fact of employment by The basis of this is any of the
the client
cases authorized by law and
is payable not to the lawyer
but to the clientunles they
have agreed that the award
shall pertain to the lawyer as
additional compensation or
as part thereof.
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ORAL
WRITTEN
When
the
counsel
is Not necessary to prove a
employed without a written clients obligation to pay
agreementbut
the attorneys fees
conditions and amount of
attorneys fees are agreed
upon
Commencement of employment
The lawyer may resort to judicial action against his client only
to prevent imposition, injustice or fraud.
A: No.
1.
Engaging a law firm; significance
2.
Q: What are the consequences of engaging a law firm?
A: When a client employs the services of a law firm, he does
not employ the services of the lawyer who is assigned to
personally handle the casehe employs the entire law firm.
1.
2.
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3.
4.
5.
6.
7.
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3.
4.
5.
Quantum meruit
Q: What is a quantum meruit?
A: It means as much as he has deserved. Recovery of
attorneys fees on the basis of quantum meruit is authorized
when:
1.
Retainer, concepts
Q: What is a retainer?
2.
3.
4.
It also refers to a fee which the client pays his attorney whom
he retains.
5.
Special retainer
This is a fee for a specific
case or service rendered by
the lawyer for a client
Where the award is not only for attorneys fees but also for
expenses of litigation, it does not matter if the litigant
represented himself in court, because it is obvious that he
incurred expenses in pursuing his action.
Duty of courts on payment of attorneys fees
Attorneys fees to be justified, its reason must be mentioned
in the text of the decision
If the attorneys fees granted by the Court is mentioned only
in the dipositive portion, it will be disallowed on appeal. The
reason for this is that the award of attorneys fee to a winning
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party is not the general rule but only the exception. Hence,
there must ne findings of facts and law to justify its grant.
Attorneys fee, not included in the general prayer (such
other relief and remedy as this court may deem just and
equittable
Attorneys fees must be specifically prayed for and proven
and justfified in the decision itself. It is not incorporated in
the general prayer for such other relief and remedy as this
court may deem just and equittable.
Q: What is legal interest?
A: It cannot be imposed on attorneys fees because legal
services stand upon an entirely different footing from
contracts for the payment of compensation for any other
charges.
Effect of elimination of moral and exemplary damages on
attorneys fees
The award of attorneys fees must be deleted where the
award of moral and exemplary damages are eliminated.
No attorneys fees would be allowed if parties have a
legitimate claims against each other
GUIDELINES IN DETERMINING ATTORNEYS FEES ON
QUANTUM MERUIT BASIS
Full-blown trial is needed in quantum meruit
Champertous contract
Q: What is a champertous contract?
A: One where the lawyer stipulates with his client that in the
prosecution of the case, he will bear all the expenses for the
recovery of things or property being claimed by the client,
and the latter agrees to pay the former a portion of the thing
or property recovered as compensation.
Q: Is a champetous contract valid?
A: It is void for being contrary to public policy and Canon 42
of the Canons of Professional Ethics.
Q: Distinguish contingent fee from champerty.
A:
CONTINGENT FEE
May be paid in cash
CHAMPERTY
Can be paid only in kind
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Rule 20.04
XPNS:
1.
2.
3.
Imposition
Injustice
Fraud
XPNS: Contracts
Client should not lose everything for attorneys fees
Lawyer-referral system, effects; fees of collaborating
counsel
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REFERENCE
PINEDA, Ernesto L., Legal Ethics Annotated. 2009 Edition.
Central Book Supply, Inc.
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