 Rule 7.

01 – A lawyer shall be answerable for knowingly

making false statements or suppressing a material fact, in
connection with his application for admission to the bar.

 An applicant who was not qualified to take the Bar exams, but
due to his false representations was allowed to take it, luckily
passed it, and was thereafter admitted to the bar was
stripped of his license to practice law. (Diao vs Martinez, AC
NO. 244, March 29, 1963)
 If discovered BEFORE the candidate could take the bar exams
– denied permission to take the bar exams

 If discovered AFTER the candidate had passed the exams but

BEFORE having taken his oath – not allowed to take the
lawyer’s oath

 If discovered AFTER the candidate had taken his oath – his

name shall be stricken from the Roll of Attorneys
 Rule 7.02 – A lawyer shall not support application
for admission to the bar by any person known to
him or be unqualified in respect to character,
education, or other relevant attribute.

 You need 3 members of the IBP to vouch for you in your

application to take the bar exams (Affidavit of Good Moral
Character)

 You need your Dean’s certification for you to take the Bar.
 Gross immorality
 Conviction of a crime involving moral
turpitude
 Fraudulent transactions
 One that is so corrupt and false as to
constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high
degree
 It is not necessary that there be prior conviction
for the offense before a lawyer can be disciplined
for gross immorality; it is enough that the act
charged, in the language of the law, constitutes a
crime (Royong vs Oblena)

 The issuance of a worthless check constitutes

gross misconduct and puts erring lawyer’s moral
character in serious doubt though it is not
related to his professional duties as a member of
the bar. (Vda de Espino vs Presquito)
 Living an adulterous life with a married woman (Royong vs
Oblena)

 Maintaining illicit relations with his niece

 Maintaining illicit relations with the niece of his common law wife

 Abandoning his lawful wife to live with another woman

 Contracting a marriage while his first marriage is subsisting

 Seducing a woman to have carnal knowledge with her on the

basis of misrepresentation that he is going to marry her

 Having carnal knowledge of a student by taking advantage of his

position
 Rule 8.01 – A lawyer shall not, in his professional
dealings, use language which is abusive, offensive
or otherwise improper.

 A lawyer who uses intemperate, abusive, abrasive or threatening

language betrays respect, is a disrespect to the court, disgraces
the Bar, and invites the exercise of the court of its disciplinary
powers
 The lawyer’s referral to the Supreme Court as a
“civilized, democratic tribunal” but the innuendo
would suggest that it is not (Surigao Mineral
Reservation Board vs. Cloribel)

 Labelling a judge as “corrupt” in a motion (Ceniza

vs Sebastian)

 Calling an adverse counsel as “bobo” (Castillo vs

Padilla)
 Rule 8.02 – A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer; however, it is
the right of any lawyer without fear or favor,
to give proper advice and assistance to those
seeking relief against unfaithful or neglectful
counsel.
 YES, provided that the other lawyer has been
given notice by the client that his services has
been terminated
 YES, provided he was able to obtain the
conformity of the counsel whom he would
substitute or if such could not be had, he
should give sufficient notice to the other
lawyer the contemplated substitution.
 NO, to hold otherwise would be to deny a litigant
the right to be represented at all times by a
counsel of his own choice.
 Want of intention: not an excuse for the
disrespectful language used. It merely
extenuates liability.
 CANON 9 – A lawyer shall not directly or indirectly
assist in the unauthorized practice of law.

 Rule 9.01 – A lawyer shall 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.
 Computation and determination of the period
within which to appeal an adverse judgment

 Examination of witnesses

 Presentation of evidence
 A lawyer may employ secretaries, investigators,
detectives, researchers, accountants, etc to
undertake any task not involving the practice of
law.
 a. Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer;

 B. Where there is a pre-existing agreement, with a

partner or associate that , upon the latter’s death,
money shall be paid over a reasonable period of time to
his estate or to the persons specified in the agreement;
or

 c. Where a lawyer or law firm includes non-lawyer

employees in a retirement plan, even if the plan is
based in whole or in part of a profit sharing
arrangements.
 Lawyer shall not negotiate with the opposite party who is
represented by a counsel. Neither should lawyer attempt
to interview the opposite party and question him as to the
facts of the case even if the adverse party is willing to do
so.

 Lawyer should deal only with counsel, even if there’s a fair

agreement.

 Lawyer may however interview any witness or prospective

witness for the opposing side.

Limitation: avoid influencing witness in recital and

conduct.
A lawyer must not take as partner or associate one
who:

 is not a lawyer
 is disbarred
 has been suspended from the practice of law
 foreign lawyer, unless licensed by the SC.
 A lawyer cannot delegate his authority without client’s
consent even to a qualified person.
END