PROBLEM AREAS IN LEGAL ETHICS

I. LEGAL ETHICS
1. Definition

2. Practice of Law (Rule 138, Rules of Court)

a) Concept
i. Privilege
ii. Profession, not a business
b) Qualifications
c) Admission to the practice of law
d) Appearance of non-lawyers
i. Law student practice
ii. Non-lawyers in courts
iii. Non-lawyers in administrative tribunals
iv. Proceedings where lawyers are prohibited from appearing
e) Sanctions for practice or appearance without authority
i. Lawyers without authority
ii. Persons not lawyers
f) Public officials and the practice of law
i. Prohibition or disqualification of former government
attorneys
ii. Public officials who cannot practice law or with
restrictions.
g) Lawyers authorized to represent the government.

3. Duties and responsibilities of a lawyer (Code of Professional

Responsibilities)
a) To society
i. Respect for law and legal processes
ii. Efficient and convenient legal services
iii. True, honest, fair, dignified and objective information on
legal services
iv. Participation in the improvement and reforms in the legal
system
v. Participation in legal education program
b) To the legal profession
i. Rule 139-A (IBP)
1) Membership and dues
2) Upholding the dignity and integrity of the profession
3) Courtesy, fairness and candor towards professional
colleagues
4) No assistance in unauthorized practice of law
c) To the Courts
i. Candor, fairness and good faith towards the Courts
ii. Respect for Courts and judicial officers
iii. Assistance in the speedy and efficient administration of
justice
iv. Reliance on merits of his cause and avoidance of any
impropriety, which tends to influence or gives the
appearance of influence upon the Courts.
d) To the clients
i. Availability of service without discrimination
1) Services regardless of a person’s status
2) Services as counsel de officio
3) Valid grounds for refusal
mpsoliver.381455122.doc Page 1 of 3
 ii. Candor, fairness and loyalty to clients
1) Confidentiality rule
2) Privileged communications
3) Conflict of interest
4) Candid and honest advice to clients
5) Compliance with laws
6) Concurrent practice of another profession
iii. Client’s moneys and properties
1) Fiduciary relationship
2) Co-mingling of funds
3) Delivery of funds
4) Borrowing or lending
iv. Fidelity to client’s cause
v. Competence and diligence
1) Adequate protection
2) Negligence
3) Collaborating counsel
4) Duty to apprise client
vi. Representation with zeal within legal bounds
1) Use of fair and honest means
2) Client’s fraud
3) Procedure in handling the case.
vii.Attorney’s fees
1) Acceptance fees
2) Contingency fee arrangements
3) Attorney’s liens
4) Fees and controversies with clients
5) Concepts of attorney’s fees
i. Ordinary concept
ii. Extraordinary concept
viii. Preservation of client’s confidences
1) Prohibited disclosures and use
2) Disclosure, when allowed
ix. Withdrawal of services

4. Rule 139-B, Rules of Court – Suspension, disbarment and discipline of

lawyers
a) Nature and characteristics of disciplinary action against
lawyers
i. Sui generis
ii. Prescription
b) Grounds
c) Proceedings
d) Discipline of Filipino lawyers practicing abroad

5. Readmission to the Bar

a) Lawyers who have been suspended
b) Lawyers who have been disbarred
c) Lawyers who have been repatriated

6. Mandatory Continuing Education (MCLE)

a) Purpose
b) Requirements
c) Compliance
d) Exemptions
e) Sanctions
mpsoliver.381455122.doc Page 2 of 3
 7. Notarial Practice
a) Qualifications of a notary public
b) Term of Office
c) Powers and limitations
d) Notarial register
e) Jurisdiction of notary public and place of notarization
f) Revocation of commission
g) Competent evidence of identity
h) Sanctions

II. JUDICIAL ETHICS

1. Definition

2. Qualities
a) Independence
b) Integrity
c) Impartiality
d) Propriety
e) Equality
f) Competence and diligence

3. Discipline of members of the Judiciary

a) Members of the Supreme Court
i. Impeachment
ii. Ethical lessons from CJ Corona’s impeachment
b) Lower court judges and justices of the Court of Appeals and
Sandiganbayan (Rule 140, Rules of Court)
c) Grounds
d) Impeachment (ethical aspects)
e) Sanctions imposed by the Supreme Court on erring members
of the Judiciary

4. Disqualification of Justices and Judges (Rule 137, Rules of Court)

a) Compulsory
b) Voluntary

mpsoliver.381455122.doc Page 3 of 3