The Code of Professional Responsibility Prior to the adoption of the Code of Professional Responsibility (CPR) the ethical foundation

for all lawyers in the country was the Canons of Professional Ethics as adopted by the Philippine Bar Association (PBA) from the American Bar Association. However, the PBA was a voluntary association of lawyers and not all lawyers were members of the PBA. On June 21, 198, the Supreme Court promulgated and approved the Code of Professional Responsibility binding and applicable to all lawyers in the country. Since its adoption, the CPR has become the basis of legal ethics for all Philippine lawyers. While the Canons of Professional Ethics (CPE) is deemed superseded by the CPR, the CPE continues to be an invaluable source of knowledge and understanding of legal ethics. In addition to the CPR and the CPE, Supreme Court decisions on the discipline of lawyers form the basis of legal ethics in the country. THE LAWYER AND SOCIETY CANON 1- A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes. 1. Duty to Uphold the Constitution, the laws, and the Rule of Law- All lawyers are duty-bound to uphold the Constitution, to obey all laws, and to uphold the Rule of Law. In obedience to all laws, lawyers are also duty-bound to apply and uphold all Supreme Court decisions as they form part of the laws of the land. This lawyers duty is imposed upon him at the very moment he becomes a lawyer after reciting the Lawyers Oath of Office. By his oath, he is immediately pledged to abide by this duty. As they are expected to uphold the Constitution, it is expected that they understand and know the constitution that they are upholding. A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable (Cobb-Perez v. Lantin, No. L-22320, July 29, 1968 [24 SCRA291]). 2. The Lawyers Oath as basis for this duty- The Lawyers Oath is a source of obligations and its violations is a ground for suspension, disbarment or other disciplinary action. 3. Rule of Law, defined- The rule of Law, sometimes called the supremacy of law, provides that decisions should be made by the application of known legal principles or laws without the intervention of discretion in their application (Blacks Law Dictionary, 5th ed.). The portion of Canon1 which calls for lawyers to promote respect or law and for legal processes is a call to uphold the Rule of Law. The application of personal relationships or palakasan or unlawful monetary consideration tramples the rule of law and promotes disrespect for the law and for legal processes.

4. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Nine (9) Duties of Attorneys under Section 20 of Rule 138 5. Illustration of violation of this Canon: a. Assisting a client evade the constitutional prohibition against foreign ownership of lands, in Article XII, Section 7 of the 1987 Constitution, by placing the title over the lands in the name of another and then preparing several documents that would protect the interest of the foreigner as a real owner such as an Occupancy Agreement which recognizes the foreigners free and undistributed use of the property for his residence and business operations constitute defiance of the laws (Donton v. Tansingco, A.C. No. 6057, June 27, 2006 [respondent suspended for 6 months]). 6. Related provision in the Canons of Professional Ethics-Canon 32 7. Bar examination questions: 1. Atty. X prepared and later acknowledged as a Notary public, a document which stipulated among others, that the contracting parties, husband and wife, authorize each other to remarry and fully renounce whatever right of actin one may take against the party to marrying. Atty. X strongly represented to the parties that they were free to marry on the basis of which representation the husband remarried. Can Atty. X be disbarred? Reason. (1976 bar exams) 2. State the four fold duties of a lawyer. [1970 bar exams] Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. 1. Duty to Act with Honesty, Morality and Lawful Conduct-By logical necessity, lawyers may be sanctioned for being dishonest, grossly immoral and for committing violations of law. Any of these three would be sufficient ground to file disciplinary proceedings against a lawyer. The dishonesty, gross immorality and violation of law need not be committed in relation to his professional duties; the lawyer may be sanctioned even for acts committed in his private affairs. 2. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Good moral character a requirement in application for admission to the bar- Section 2 of Rule 138 provides: Grounds for removal or suspension-Section 27 of Rule 138 provides: 3. Good moral character is a requisite for the practice of law and is a continuing requirement.-Good moral character is not only a condition precedent to

admission to the practice of law,its continued possession is also essential for remaining in the practice of law (People vs. Tuanda, A.C. No. 3360, January 30, 1990 [181 SCRA 692] The continued possession of good moral character is also a requisite for retaining membership in the legal profession. Membership in the bar may be terminated when a lawyer ceases to have good moral character (Royong vs. Oblena, 117 Phil. 865). A lawyer may be disbarred for grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude. Immoral Conduct has been defined as that conduct which is wilful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community. Such conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree (Reyes v. Wong, 63 SCRA 667) or committed under such scandalous or revolting circumstances as o shock the common sense of decency. The practice of law is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. For the admission of a candidate to the bar the Rules of Court not only prescribe a test of academic preparation but require satisfactory testimonials of good moral character. These standards are neither dispensed with nor lowered after admission; the lawyer must continue to adhere to them or else incur the risk of suspension or removal (In re Gutierrez, infra). 4. Conviction of a crime involving moral turpitude; a lawyer is deemed to have become unfit to uphold the administration of justice and to be no longer possessed of good moral character- Moral turpitude has been defined as everything which is done contrary to justice, modesty, or good morals; an act of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen, or to society in general, contrary to justice, honesty, modesty, or good morals (In re Basa, December 7, 192 [41 Phil. 275]). It implies something immoral in itself regardless of the fact that it is punishable by law or not. It must not merely be mala prohibita, but the act itself must be inherently immoral. The doing of the act itself, and not its prohibition by statute, fixes the moral turpitude. a. Conviction of Homicide-Convicted, by final judgement of frustrated homicide (Soriano vs. Dizon, A.C. No. 6792, January 25, 2006 [respondent disbarred]). But not all homicide cases involves moral turpitude, it depends on the degree of the crime. b. Convicted of Estafa and/or BP 22- Conviction by final judgement of estafa (In the Matter of Disbarment Proceedings v. Narciso N. Jaramillo (A.C. No.

229, 30 April 1957 [101 Phil 323]) and/ or violation of BP Blg. 22 clearly shows moral turpitude. c. Convicted of Murder- In In Re: Disbarment Proceedings Against Atty. Diosdado Q. Gutierrez, (A.C. No. 363, July 31, 1962[115 Phil 6471] NOT Moral Turpitude: Libel and serious slander Conviction for illegal recruitment does not involve moral turpitude Tax Evasion 5. Conduct unbecoming a member of the bar is sanctionable; creating the appearance that he is flouting with moral standards is sanctionable- Lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. The lawyer must also so behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards. 6. Examples of Grossly Immoral Conduct: a. Forging a Special Power of Attorney to effect a false real estate mortgage and collecting the loan proceeds from the mortgage. While the respondent denied authorship of the forgery, the investigation established that the respondent was the recipient of and the one who benefited from the loan proceeds (Rural Bank of Silay, Inc. v. Pilla A.C. No. 3637, January 24, 2001 [respondent suspended for 3 years]). b. The Court found it a depravity and deceitful and grossly immoral conduct for a lawyer to deceive his 85-year old aunt into entrusting to him all her money, and later refusing to return the same despite demand. Respondents wicked deed was aggravated by the series of unfounded suits he filed against complainant to compel her to withdraw the disbarment case she filed against him. (Rayos-Ombac v. Rayos, A.C. No. 2884, January 28, 1998 [respondent disbarred]). c. Taking advantage of his position as chairman of the college of medicine in asking the complainant, a student in said college, to have carnal knowledge of her under the threat that she would flunk in all her subjects in case she refused. That the respondent is a married man with children only highlighted the immoral conduct (De los Reyes v. Aznar, A.C. No. 1334, November 28, 1989 [179 SCRA 653], respondent disbarred).

d. The lawyer arranged his mistress to marry his own son and thereafter cohabited with the wife of his own son (Mortel v. Aspiras, 100 Phil 586). 7. Gross immorality need not be punishable by law- The immoral acts need not be punishable by law. If the acts are contrary to justice, modesty or good morals, they may be considered as constituting moral turpitude. 8. Conduct need not be related to professional duties; Lawyer-Client relationship not needed- Conduct, as used in this Rule, is not limited to conduct exhibited in connection with the performance of professional duties. An attorney may be removed not only for malpractice and dishonesty in his profession, but also for gross misconduct not related to his professional duties which show him to be an unfit and unworthy lawyer. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or in his private transactions. This is because a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. Thus, not only his professional activities but even his private life, insofar as the latter mat reflect unfavourably upn the good name and prestige of the profession and the courts, may at any time be the subject of inquiry on the part of the proper authorities (Bustamante-Alejandro vs. Alejandro, et.al, A.C. No. 4256, February 13, 2004) 9. Gross misconduct, defined- Gross misconduct is any i nexcusable, shameful or flagrant unlawful conduct on the part of the person concerned in the administration of justice which is prejudicial to the rights of the parties or to the right determination of the cause. 10.Examples of gross misconduct in private capacity: a. Rape of his neighbours wife even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape thus leading to his acquittal in the criminal case (Calub v. Suller, A.C. No. 1474, January 28, 200 [respondent disbarred]). b. Firing a gun at the driver of another vehicle following a traffic altercation in a highway (Gonzales v. Alcaraz, A.C. No. 5321, September 27, 2006 [respondent suspended for 1 year]). c. Purchasing a supposed opium, a prohibited drug, but which later on was found to be a fake opium. The lawyer was still found guilty of grave misconduct (People v. Abordo, September 1, 1933 [respondent suspended for 1 year]). 11.Examples of misconduct in the practice of profession: a. Falsifying a Supreme Court receipt to show a purported payment of cash bond when no such payment was made in order to cover-up a

misappropriation of a citizens funds (Gatcahlian Promotion Talent Pool v. Naldoza, A.C. No. 4017). b. Compromising or entering into a settlement of a clients litigation without a special authority and without the consent and approval of the client and failing to turn over to his client the amount given as partial settlement is gross misconduct (Melendrez v. Decena, A.C. No. 2104, August 24, 1989 [176 SCRA 662], respondent disbarred). 12.Misconduct by partners and associates in law firm- A lawyer is not liable for misconduct of a partner, associate or employee. Delegation of work to subordinates in a law firm is a practical necessity and lawyer is not held responsible for every mistake of an employee. 13.Acquittal in criminal case immaterial- The acquittal of respondent from the criminal charge is not a bar to disbarment proceedings. Moreover, this Court, in disbarment proceedings is acting in an entirely different capacity from that which courts assume in trying criminal case (Pangan v. Ramos, 107 SCRA 1). They are distinct from and they may proceed independently of civil and criminal cases (Gatchalian Promotions Talents Pools, Inc. v. Atty. Naldoza 374 Phil 1) 14.Bar examination questions 1. John Doe, former utility man in the Supreme Court and Deo Cruz were criminally prosecuted in connection with the bar examination irregularities which misled the Supreme Court into admitting Deo Cruz to the bar. John Doe pleaded guilty upon being arraigned and was thereafter accordingly sentenced. Deo cruz, on the other hand, entered trial and was thereafter acquitted, his guilt not having been proved beyond reasonable doubt. Subsequently, disbarment proceedings were instituted against Cruz on the basis of his participation in the said irregularities. What is the effect of his acquittal in the criminal case on the disbarment proceedings against him? Discuss. 2. A lawyer was apprehended with 200 cartons of untaxed and smuggled blue seal cigarettes merely to accommodate a friend. Proceedings to disbar him are commenced, and he defends himself with the plea that his act of transporting the blue seal untaxed and smuggled cigarettes had no relation to the practice of law, and that he cannot therefore be disbarred for that reason. Resolve the issue, giving your reasons. RULE 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

1. Duty Not to Counsel or Abet Defiance of the Law or the Legal System- It is not enough that the lawyer himself upholds the constitution, follows the laws and upholds the Rule of law. In addition, the lawyer himself is mandated not to counsel other people or abet the activities of other people which defy the law or denigrate the legal system. The lawyer is called upon to take another step further in promoting respect for the laws and the Rule of Law. If he counsels another to defy the law, he shall be held to account under this Rule. 2. Examples of activities aimed at defiance of the law at lessening confidence in the legal system: a. Advising his clients to execute another Deed of Absolute Sale antedated to 1979 to evade payment of capital gains taxes (Chua v. Mesina, A.C. No. 4904, August 12, 2004). b. Appearing as an attorney for a party to a case without authority to do so. c. Lawyers who engage in irregularities, such as prohibited campaigning, use of government resources and solicitation of votes, in campaigning for national positions in the Integrated Bar of the Philippines in violation of the IBP By-laws (Re: 1989 Elections of the Integrated Bar of the Philippines, B.M. No. 491, October 6, 1989 [178 SCRA 398]). Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause. 1. Duty against Barratry and Duty Not to delay any Mans cause- Encouraging suits or legal actions must always be with the noble intent to pursue or protect a right. Conversely, a lawyer must not unduly hinder a person in his pursuit or protection of a right. This Rule, therefore, impose two related duties. Once it is shown that a lawyer is motivated by ill-motive in encouraging a legal action, he will be held to account under this Rule. 2. Barratry, defined- The offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. The person who engages in barratry is called a barretor or barrator. 3. Maintenance, defined-Maintenance is the intermeddling of an uninterested party to encourage a lawsuit. It is a taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right. 4. Example of delaying a mans cause for money:

a. A prosecutor who extorts money from a respondent of a case he is investigating is delaying the respondents cause for money (Reyes v. Gaa, A.M. No. 1048, July 14, 1995). 5. Related provision in the Canons of professional Ethics-Canon 28 (stirring up litigation. Directly or through agents) 6. Bar examination questions: a. What does the statement, I will delay no man for money xxx, in the lawyers oath mean? Discuss briefly. b. Attorney A withdraws as counsel for his client B in the course of the trial of the latters case because B failed to pay him the stipulated fee of P100 per day of actual appearance and attendance in court. Is this delaying the man (client) for money? Is the withdrawal of A as counsel ethical? Discuss, giving reasons. Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy if it will admit of a fair settlement. 1. Duty to Promote Fair and Amicable Settlement- Settlement between two contending parties may be agreed upon at any stage of a legal proceeding. This rule provides the important role expected from a lawyer in the settlement between contending parties. The duty, however, does not extend to instances wherein a fair settlement is not possible as an option. 2. Compromise and settlement of cases is encouraged- The compromise and settlement of cases in court is authorized and even encouraged by express provision of law(Article 2028 and 2029 of the Civil Code) The law does not limit compromise to cases about to be filed or cases already pending in courts. That compromise may be effected even after final judgement is impliedly authorized by Article 2040 of the Civil Code 3. Authority of lawyer to Compromise- Lawyers cannot, without special authority, compromise their clients litigation or receive anything I discharge of a clients claim, but the full amount in cash (Melendrez v. Decena, A.C. No. 2104, August 24, 1989 [176 SCRA 662]. A compromise agreement signed by a lawyer in behalf of a party to the agreement without authorization of said party or client is not void, but merely unenforceable (Bumanlag v. Alzate, 114 SCRA 480) An agreement between a lawyer and his client that forbids the client from entering a settlement without the lawyers consent is against public policy and impermissible. 4. Bar examination questions:

1. Atty. Cruz appeared in a case for his client, the plaintiff, who was trying to collect the sum of P100,000.00 as per promissory note, against the defendant. During the trial the defendant offered the sum of P70,000 as complete settlement of the case, alleging that he had to sell his house to raise that money. Atty. Cruz, believing that he should protect the interest of his client, who is absent, and concluding that his client could no longer get anything more from the defendant, accepted the offer of payment and signed the prepared compromise agreement. Did Atty. Cruz act correctly? Reason.

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 1. Duty to be an Efficient Lawyer- The efficiency demanded of a lawyer must not be realized at the expense of the independence, integrity and effectiveness of the profession. To be efficient does not men the surrender of the independence of the legal profession to the various interest groups. To be efficient does not mean the abandonment of ones integrity in order to achieve a given cause at all cost. The lawyers efficiency must not be obtained at the price of compromising the effectiveness of the entire legal profession. 2. Example of professional inefficiency- A lawyer who enters his appearance in a case that had become final one year and eight months earlier was severely censured by the Court. The lawyer filed his Appearance on the mere oral representation of a layman that the case is still pending without confirming the status of the case. 3. Duty to be proficient in the English language- While there is no such rule enunciated in the Code of Professional Responsibility, the prevailing use of the English language in the legal practice makes it necessary that lawyers be proficient in its use, both in the written and the oral mode.

Rule2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenceless or the oppressed 1. Duty to the defenceless and the Oppressed- this rule speaks more about the legal representation of the defenseless or the oppressed than about their cause. The rule mandates all lawyers to accept as clients those who may have found themselves on the fringes of society. The general rule is that the lawyer is duty-bound to serve these marginalized citizens. This is made clear by the phrase shall not reject.

Rule 2.02 In such a case, 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 latters rights 1. Duty to give legal advice on the rights of the defenseless and the OppressedThis rule is the only exception to the general rule that consultation creates a lawyer-client relationship. Even if no lawyer-client relationship is created, as when the lawyer categorically refuses to accept a case, a lawyer is still dutybound to give a legal advice to the defenceless and the oppressed in protection of the latters rights. Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal business 1. Duty to Shun Vulgar Solicitation- It is highly unethical for a lawyer to advertise his talents or skill as a merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public 2. Practice of law is not a business- The practice of law is not a business (Cantiller v. Potenciano, A.C. No. 3195, December 18, 1989). It is a profession in which duty to public service, not money, is the primary consideration. Lawyering is not primarily meant to be a money-making venture , and law advocacy is not a capital that necessarily yields profits. The duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves (Burbe v. Magulta, A.C. No. 5731, June 10, 2002). 3. Practice of law distinguished from a business- The following elements distinguish the legal profession from a business: a. A duty of public service, of which the emolument is a by-product , and in which one may attain the highest eminence without making much money; b. A relation as an officer of the court to the administration of justice involving through sincerity, integrity and reliability; c. A relation to clients in the highest degree of fiduciary; d. A 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 (In re Sycip, July 30, 1979). 4. Dignified solicitation allowed- Nonetheless, the solicitation of legal business is not altogether proscribed. However, for solicitation to be proper, it must be

compatible with the dignity of the legal profession. If it is made in a modest and decorous manner, it would bring no injury to the lawyer and to the bar. Thus, the use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice, as well as advertisement in legal periodicals bearing the same brief data, are permissible. Even the use of calling cards is now acceptable. Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canon, of brief biographical and informative datais likewise allowable. 5. Good reputation as the best advertisement- Canon 27 of the Canons of Professional Ethics as adopted by the American Bar Association in 1908 and the Philippine Bar Association in 1917 eloquently states the ideal advertisement for lawyers: 27. Advertising, Direct or Indirect- the most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. 6. Permitted Advertising- As stated in Ulep v. Clinic Inc. (Bar Matter No. 553, 17 June 1993): Such data must not be misleading and may include only a statement of the lawyers name and the names of his professional associates; addresses, telephone numbers, cable addresses; branches of law practiced; date and pace of birth and admission to the bar; schools attended with dates of graduation, degrees and other educational distinctions; public or quasi-public offices; posts of honor; legal authorships; legal teaching positions; membership and offices in bar associations and committees thereof, in legal and scientific societies and legal fraternities; the fact of listings in other reputable law lists; the names and addresses of references; and with their written consent, the names of clients regularly represented. The publication of a simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. He may likewise have his name listed in a telephone directory but not under a designation of special branch of law 7. Illustration of violation of this Rule: a. Posting a paid advertisement in several newspapers announcing: ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667 constitutes unauthorized solicitation of legal business(Khan, Jr. v. Simbillo, A.C. No. 5299, August 19, 2003 [respondent suspended for 1 year]) 8. Ambulance Chasing, defined- A popular name for one who solicits negligence cases for an attorney. One seeking out persons and directing them to an attorney in consideration of a percentage of the recovery.

9. Related provision in the canons of Professional Ethics; prohibiting pretended professional advocacy to promote his law practice or to solicit clients- Canon 26 10.Bar examination questions: 1. Why is law a profession and not a trade? 2. Manuel Akyat, a member of the Bar, caused to be inserted under the paid column of the leading metropolitan dailies, once a month from October 1, 1967 to October 1, 1968, the following : MANUEL AKYAT, Ll B., Ll.M., D.C.L., Attorney and Counselor-at-law. Specialty: Bribery Cases. Law Office: 105 Escolta, Manila, Tels. 4-96-75 to 4-96-80. Is this malpractice? Explain. 3. Immediately after a mine explosion, an attorney in behalf of a law firm went at once to the scene of the disaster. In competition with other lawyers, he personally solicited the disaster victims and their kins to put up their claim through his law firm on the basis of a contingent fee. Is the conduct of the lawyer proper? Why? RULE 2. 04 A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. 1. Duty to Shun Cut-Throat rates- The quality and standard of legal services would suffer if lawyers and law firms were to engage in cut-throat competition; that is by lowering legal fees to attract paying clients. The rate for legal services that is customarily prescribed is generally dictated by market forces. Indeed, the legal profession is not immune to market forces. Just like other professions, the quality and standard adhered to by lawyers and law firms vary. 2. Bar Examination questions: 1. A businessman is looking for a new retainer. He approached you and asked for your schedule of fees or charges. He informed you of the professional fees he is presently paying his retainer, which is actually lower than your rates. He said that if your rates are lower, he would engage your services. Will you lower your rates in order to get the client? Explain. CANON 3- A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statements of facts. 1. Duty of Honest and Dignified Pronouncement of Legal Services- the embellishment and exaggeration of legal credentials is not only frowned upon, it is sanctionable. Legal services are unlike the other personal services rendered by other professionals or skilled workers. There is a certain degree of

dignity that must be maintained. As such, brazen commercialization of legal services is not allowed. Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. 1. Duty not to use fraudulent or misleading pronouncement of his qualificationsBloating ones credentials with self-praise or exaggerated descriptions is deception. All communications regarding the lawyer must contain only information that is necessary for the client to be informed about the professional competence of the lawyer. These information would include:a) office information, such as name, including name of law firm and names of professional associates; addresses telephone numbers; fax numbers; email addresses; credit card acceptability; fluency in foreign languages and office hours; b) relevant biographical information 2. The limits of self-laudation- Certain self-laudatory information may be disseminated, such as the election to a public office, scholastic honors and achievements, and legal authorships. The self-laudation prohibited is that which creates an unjustified expectation about results that the lawyer can achieve. Thus, the lawyer may not announce the successful results he has obtained on behalf of his clients or the lawyers record in obtaining favourable judgments. The practical reason is that such claims are inherently deceptive and misleading because past performance of a lawyer is not an indication of future performance of a lawyer, and because no lawyer can guarantee the results of any legal action. Rule 3.02 In the choice of a firm name, 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. 1. Duty of honesty in the firm name; selection of the firm name- The general publics first impression of a law firm is that of its firm name. the firm name projects the general reputation of the group lawyers composing the law firm. Aside from the individual reputation of each lawyer composing the law firm, the law firm itself has a reputation that it projects upon the general public. That reputation is carried by the law firm name. In order not to mislead the general public as to the reputation of the law firm, the law firm name itself must not be false, misleading or assumed. Generally, the law firm name is derived from the surnames of the founding members of the law firm. Firm names identify the more active and/ or more senior members or partners of the law firm. However, it is known that firm names evolve and change from time to time as the composition of a partnership change (In the Matter of the Petition for

Authority to continue use of the firm name Sycip, Salazar, Feliciano, Hernandez & Castillo, etc., July 30, 1979 [92 SCRA 1]). 2. Use of lawyers name- A lawyer is not authorized to use a name other than the name inscribed in the Roll of Attorneys in his practice of law. The respondents name in the Roll of Attorneys is Dionisio D. Ramos. The name appearing in his birth certificate is Pedro Dionisio Ramos. The respondent may not use the name Pedro D.D. Ramos (Pangan v. Ramos, A>C> No. 1053, September 7, 1979 [93 SCRA 87], respondent reprimanded). 3. Lawyers cannot practice under a foreign law firm name- A filipino lawyer practicing in the Philippines cannot practice law usig the letterhead of Baker & Mckenzie, an American Law firm because the American law firm is not authorized to practice law in the Philippines (Dacanay v. Baker & Mckenzie, A.C. No. 2131, May 10, 1985 [136 SCRA 349]). 4. Use of a deceased partners name- By express provision in Rule 3.02, the continued use of the name of a deceased partner is permissible provided that the firm indicates all its communications that said partner is deceased. 5. Continued use of a retired partners name in the law firms name- It has been opined that where the retired partner is no longer a shareholder in the law firm following his retirement from the active practice of law, but remains associated with the firm in of counsel status, the law fim may retain the retired partners name in the firm name where the firm name has been long-established and well-recognized and communications about the lawyers status clearly indicate that the lawyer s retired. 6. Nature of a law partnership; use of assumed or trade name- A partnership for the practice of law cannot be likened to partnerships formed by other professionals or for business. For one thing the law on accountancy specifically allows the use of a trade name in connection with the practice of accountancy. A partnership for the practice of law is not a legal entity. It is a mere relationship or association for a particular purpose.xxx It is not a partnership formed for the purpose of carrying on a trade or business or of holding property. Thus, it has been stated that the use of a nom de plume, assumed or trade name in la practice is improper 7. Firm names for solo practitioners- A solo practitioners may not practice law under a firm name which is false or misleading. Thus, Atty. Juan de la Cruz, a solo practitioner, may not practice under the name De la Cruz & Associates because the use of the word associates imply that there are other lawyers in the practice. The same is true with the term and affiliates.But , the solo practitioner may practice using the term Law Firm. Thus, De la Crz Lw Firm would be acceptable.

8. Use of the term Of counsel- The lawyer designated as of counsel maintains a relationship with the law firm wherein the of counsel assists in certain specialized services rendered by the law firm. The relationship of the of counsel with the law firm must be close, personal and regular with frequent and continuing contact, and not that of a partner, shareholder, associate, occasional consultant, mere office-sharer, or forwarder or receiver of legal business. 9. Bar examination questions: 1. May a law firm continue to use the name of a deceased partner? 2. The shingle of a lone law practitioner Bartolome D. Carton, who inherited the law office from his deceased father, Antonio C. Carton, carries these names: Carton & Carton Law Office. Is that permissible or objectionable? Explain. Rule 3.03 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 law concurrently 1. Duty of a law partner to withdraw from the firm when he accepts public officethe affairs of the legal profession and the affairs of government are closely intertwined. Hence, there should not be an appearance that a public office is being taken advantaged of to promote ones practice of law. 2. Practice of law by certain public officers- While some public officers may be allowed by law to practice law, such as members of the sangguniang subject to certain limitations, certain public officers are altogether prohibited from practicing law. Hence, these public officials may never have their names in any law firm under any circumstance. Enumerated these public officials prohibited to engage in the private practice of law: a. Judges and other officials or employees of the superior court b. Officials and employees of the office of the solicitor general c. Government prosecutors d. President, Vice president, members of the Cabinet, their deputies and assistants e. Members of constitutional commissions f. Ombudsman and his deputies g. All governors, city, and municipal mayors

3. Other public officials may practice law subject to conditions- Generally, lawyers in government may be allowed to practice law provided the proper consent and authorizations are obtained. 4. Practice of law by members of Congress- Members of Congress who are lawyers may practice law provided they may not personally appear as counsel before any court of justice or before the electoral tribunals, or quasi-judicial and other administrative bodies (Sec. 14, Article 6 of the 1987 Constitution). Members of Congress, therefore, may retain their names in the law firm name. Members of the sangguniang who are lawyers may practice law but they are subject to certain restrictions, under section 90 of R.A. No. 7160, in appearing as counsels. Nevertheless, these sangguniang members need not withdraw from their law firm and their name may also be allowed to remain in the law firm name. Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business 1. Duty not to pay media for publicity- payment of a consideration, in cash or in kind, to the media in order to create publicity to attract legal business is a callous attempt to commercialize the legal profession. This certainly goes against the very essence of the legal profession as apublic service profession. Deliberate publicity is anathema to the public service nature of the legal profession. The lawyer, however, is not mandated to decline genuine media attention to his advocacies which have generated public interest. In such instances, media attention is not paid for but is generated by the value of the lawyers advocacy. In some instances, a lawyers advocacy needs the indispensable participation of media, such as the advocacy to expose corruption in government.