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Lawyers Oath Original Bases of Legal Ethics 1. Canons of Professional Ethics 2. Supreme Court Decisions 3. Statutes 4. Constitution 5. Treatises and Publications

The CODE OF PROFESSIONAL RESPONSIBILITY is an embodiment into one code of all pertinent rules, guidelines and standards on the rule of conduct. To give the legal profession an IMPRESSION OF IDENTITY

Alawi vs. Alauya In Re: Garcia

Practice of law, Cayetano vs. Monsod Non-lawyers authorized to appear in court

MTC may conduct his own case or litigation with the aid of a friend or an agent Before any other courts, party may conduct his own litigation personally but if he gets someone to aid him, that person must be a member of the bar. Criminal case before an MTC with no lawyer, judge may appoint a non-lawyer who is a resident of the province, of good repute for probity and ability to aid the accused Senior law student on indigent clients, no fee Labor Code before the NLRC of Labor Arbiter must be duly accredited legal aid office recognized by the DOJ

Cadastral Act Any appointed to appear for the Govt DARAB

CANON 1 All about the lawyers oath dissected Moral turpitude includes everything done which is contrary to justice, honesty or good morals Immoral conduct wilful, flagrant or shameless and shows a moral indifference to the opinion of the good and respectable. As ground for disciplinary action, it must not only be merely immoral but grossly immoral. Ambulance chasing Evils: 1. 2. 3. fomenting of litigation with burden to courts subornation of perjury mulcting of innocent persons by judgment

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defrauding injured persons

CANON 2: A SHALL MAKE HIS LEGAL SERVICES AVAILABE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION 2.01 SHALL NOT REJECT, EXCEPT FOR VALID REASONS THE CAUSE OF THE DEFENSELESS OR THE OPPRESSED. Defenseless - not in a position to defend themselves due to poverty, weakness, ignorance etc. Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority not refuse for trivial reasons shall observe same standards of conduct governing his relations with paying client

Legal Aid is not a matter of charity but a public responsibility. a means to correct social imbalance that may lead to injustice the spirit of the public service should underlie all legal aid offices 2.02 IN SUCH CASES, EVEN IF A L DOES NOT ACCEPT A CASE, HE SHALL NOT REFUSE TO RENDER LEGAL ADVICE IF ONLY TO THE EXTENT NECESSARY TO SAFE-GUARD THE LATTERS RIGHT. 2.03 SHALL NOT DO OR PERMIT TO BE DONE ANY ACT DESIGNED PRIMARILY TO SOLICIT LEGAL BUSINESS LEGAL PROFESSION vs. BUSINESS 1. 2. 3. 4. a duty of public service in which the emolument is a by-product A relation as an officer of the court to the admin of justice involving thorough sincerity, integrity and reliability Relation to clients in highest degree of fiduciary Relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients

CANON 6 THESE CANONS SHALLS APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS. 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 innocence of the accuse is highly reprehensible and is a cause for disciplinary action 6.02 a lawyer in the govt. service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. 6.03 a lawyer shall not, after leaving govt. service, accept engagement or employment in connection with any matter in which he had intervened while in said service THE LAWYER AND THE LEGAL PROFESSION

THE LAWYER AND THE LEGAL PROFESSION CANON 7 a lawyer shall at all time uphold the integrity and dignity of the legal profession, and support the activities of the integrated bar. 7.01 shall be answerable for knowingly making false statement or suppressing a material fact, in connection with his application for the bar rqmnts for applicants to the bar additional rqmnts. pre-law

In Re: Ramon Galang .. physical injuries Diao vs. Martinez misrepresented as graduate of Associate in Arts Villasanta vs. Peralta false marriage effect of concealment of a crime not involving moral turpitude communication during exams.

7.02: shall not support his application for admission to the bar of any person known by him to be unqualified in respect to character, education or other relevant attribute.

CANON 8 SHALL CONDUCT HIMSELF WITH THE COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL 8.01 shall not, in his prof. dealings, use language which is abusive, offensive or otherwise improper - constitutes direct contempt - contempt in facie curiae Surigao Mineral Reservations Board vs. Cloribel language to be used court may expunge improper language from the record

Want of intention not a defense Fernandez vs. Hon. Bello - justified strong language 8.02 not directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the

right or any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.
- stealing of clients - suppose previous lawyer was already dismissed

- shall not negotiate with the opposing party who is represented by counsel - allowed to interview any witness or prospective witness for the opposing side. CANON 9 NOT DIRECTLY OR INDIRECTLY ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW - not take as a partner or asso., disbarred lawyers, non grad, foreign - pretense is contempt of court. 9.01 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. U.S. vs. Ney and Bosque - improperly constituted firm with one partner who has been denied to practice contempt Beltran vs. Abad - cannot delegate his authority without client/s consent even to qualified persons. Relationship is always personal 9.02 not divide or stipulate a fee for legal services with persons not licensed to practice law except: a. pre-existing agreement bet partner and associate b. a lawyer undertakes to complete unfinished legal business of a deceased lawyer c. lawyer or firm includes non-lawyer employees in the retirement plan even it based partly or wholly in profit-sharing arrangements. Non-lawyers are not entitled to attorneys fees. LAWYER AND THE COURT CANON 10 A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT - a lawyer is an Officer of the Court - Director of Lands vs. Adorable - a lawyer informing the appellant that the case had been decided in its favor and saved the trouble of reconstitution and re-deciding on the case (war time) - refilling a case NOT FORUM SHOPPING, simply a violation of Canon 10 RULE 10.01 shall not do any falsehood; nor consent to the doing of any in court; nor shall be mislead or allow the court to be misled by any artifice Cases of falsehood meriting discipline: 1. 2. 3. 4. 5. 6. 7. 8. falsely stating in a deed of sale that property is free from lein.. making it appear that a person long dead, executed a deed of sale to him concealing charges of or conviction from a crime encashing a check payable to a deceased partner falsifying a power of attorney falsehood in Motion to Dismiss denying receipt of notice to file brief filing charges or groundless suits

RULE 10.02 not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel or a text of a decision or authority, or knowingly cite as a law a provision already rendered inoperative by repeal or amendment or assert as a fact that which has not been proved. deliberate misquotation Foisting a non-existent rule RULE 10.03 A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice CANLAS vs. CA Lawsuits, unlike duels, are not to be won by a rapiers thrust ETERNAL GARDENS MEM. PARK vs. CA and Seeling - delaying execution for 17 yrs - violates speedy and efficient administration of justice - technicalities should give way to the realities CANON 12: CONSUME EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY ADMINISTRATION OF JUSTICE (Pp. vs. Jardin) dilatory tactics of the defense counsel and the failure of both the judge and the fiscal to take counter measures to obviate the delaying acts constitute obstruction of justice 12.01 Not appear for trial unless he has adequately prepared with the law and the facts, evidence he will adduce and order of its preference, ready with the original documents for comparison Unprepared or half prepared; newly hired lawyers; elementary std of fair play See 18.02 a lawyer shall not handle any legal matter without adequate prep 12.02 SC Not file multiple actions arising from the same cause

duplication of suits must be avoided; forum shopping; restraining orders; writs of certiorari, mandamus and prohibition must not abuse his right of recourse (Vda. De Bacaling vs. Laguna) illegal detainer case in Iloilo..5x appellate, 2x before CA, once before CFI, twice

FORUM SHOPPING When, as a result of an adverse opinion in one forum, a party seeks a favourable opinion (other than by an appeal or certiorari); or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favourable disposition. Must be attached to all INITIATORY PLEADINGS(sworn) 1. Initiating party has not commenced any action and to his best knowledge, no such action or other action orclaim is pending therein 2. If there is such a complete statement of the present status thereof 3. If he should learn that there is such, he shall report that fact within f days to the court

SANCTIONS: Failure to comply shall not be curable by mere amendment but shall be cause for the dismissal of the case without prejudice to the refilling FALSE CERTIFICATION on NON-COMPLIANCE: Indirect contempt without prejudice to the corresponding administrative and criminal actions WILLFUL AND DELIBERATE FORUM SHOPPING: Summary dismissal with prejudice and shall constitute direct contempt as well as cause for administrative sanctions FORUM SHOPPING reprehensible manipulation of court processes and proceedings; simultaneous remedies in diff forums Duty to disclose prior dismissal of his case by a court of competent juris

12.08 SHALL AVOID TESTIFYING IN BEHALF OF HIS CLIENT, EXCEPT: 1. on formal matters such as mailing, authentication or custody of an instrument 2. on substantial matters, in cases where his testimony is essential to the end of justice - must entrust case to another lawyer