PROBLEM AREAS IN

LEGAL ETHICS
ATTY. MARY ELLEN S. CABUHAT
 LEGAL ETHICS
the branch of moral science which
treats of the duties which an attorney
owes to the court, to his clients, to his
colleagues in the profession and to the
public [Malcom, Legal and Judicial
Ethics, 8 (1949)]
“ Legal Ethics is the “embodiment of
all principles of morality and
refinement that should govern the
conduct of every member of the
bar.”
Accordingly, the legal profession, perhaps more
”
than any other, requires a strong adherence to
ethical standards which guide the profession and
its members.

Chief Justice of the Philippine Supreme Court, Manuel V. Moran

 SIGNIFICANCE OF LEGAL ETHICS
 To protect the public;
 The practice of law is geared towards public service, for which
reason, it is considered a profession and not a mere trade.

 To protect public image of lawyers;

 To protect prospective clients:
 Legal Ethics will guard against the abuses and ills of the profession
such as dishonesty, deceit, immorality, negligence, slothness, lack of
diligence and the many forms of malpractice of the members of the
Bar.

(Dantes vs. Dantes. A.C. 6486, 22 Sept. 2004)

 PRACTICE OF LAW
 In the traditional sense, it implies customary or habitually holding one’s self out to the
public as a lawyer, for compensation as a source of livelihood or in consideration of his
service (People vs. Villanueva, 14 SCRA 109)
 In the modern sense, it is any activity, in and out of court, which requires the
application of law, legal procedure, knowledge, training and experience. It includes
conveyancing, the giving of legal advice on a variety of subjects, and the preparation
and execution of legal instruments covering an extensive field of business and trusts
relations and other affairs. (Cayetano vs. Monsod, 201 SCRA 210)
 “The practice of law is not a right but a privilege. It is bestowed by the State only on
those who show they possess, and continue to possess, the qualifications required by
law for the conferment of such privilege.” (Bongalonta vs. Castillo, 240 SCRA 310)
 The practice of law is a privilege granted only to those who possess the strict intellectual
and moral qualifications required of lawyers who are instruments in the effective and
efficient administration of justice. It is the sworn duty of this Court not only to “weed
out” lawyers who have become a disgrace to the profession but, also of equal importance,
to prevent “misfits” from taking the lawyer’s oath, thereby further tarnishing the public
image of lawyers x x x (Re: Al C. Argosino, B.M. 712 July 13, 1995 and B.M. 712 March
19, 1997)
“ The practice of law is a public calling and a generalists’
craft that engages the whole personality of the
practitioner and which links him to a tradition that joins
the generations in a partnership of historical
proportions. Together, these four features give the
practice of law a dignity that is the source of a lawyer’s
professional pride, of his belief that what he does for a
living constitutes a way of life with special worth. They
”
form the basis of the culture of professionalism in which
the approving self-image is anchored and through which
it is transmitted from one generation of lawyers to next.

Anthony T. Kronman, Dean and Professor of Law, Yale University

 BACKGROUND
CODE OF PROFESSIONAL RESPONSIBILITY
 1917 – The Philippine Bar Association (PBA) adopted Canons 1
to 32 of the Canons of Professional Ethics (CPE) of the
American Bar Association (ABA).
 1946 – The PBA adopted Canons 33 to 47 of the CPE of the
ABA.
 1980 – The Integrated Bar of the Philippines (IBP) adopted a
Code of Professional Responsibility (CPR).
 21 June 1988 – The Supreme Court promulgated the CPR.
 Good Moral Character is the cornerstone of the CPR. It has 22
Canons that can be subdivided into 4 categories:

SOCIETY COURTS
(Canons 1 to 6) (Canons 10 to 13)
1) Constitution 1. Candor, Fairness, Good Faith
2) Make available legal services 2. Due respect to courts & judicial officers
3) Honest, Objective, True, Dignified, 3. Speedy & efficient administration of
Fair (HOT-DF) information justice
4) Improvement of legal system 4. Merits; impropriety; no influence
5) Continuing legal education
6) Applicable to government service
CLIENT
*CHICA (Canons 14-22)
1. Needy (not refuse)
2. Candor, Fairness, Loyalty
LEGAL PROFESSION 3. Hold in trust moneys/properties
(Canons 7 to 9) 4. Fidelity; Trust; Confidence
1. Integrity and dignity 5. Competence & Diligence
2. Courtesy, Fairness, Candor 6. Zeal (within bounds of law)
7. Fair & reasonable fees
3. Unauthorized practice of law
8. Attorney-Client (confidences/secrets)
9. Withdraw services upon good cause & prior
*ICU notice