LE Report in PP

Chapter IV: The Lawyer and The Client
Attorney Client Relationship A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advise regarding the formers business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion It is not necessary that any retainer be paid, promised, or charged.
-A.C. No. 6711 : July 3, 2007 Hadjula vs. Atty. Madianda

CANON14
A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY Rule 14.01 A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.01
1) Francisco vs. Atty. Portugal, A.C. No. 6155 March 14, 2006 Atty. Portugal branded his own clients as being the culprits that "salvaged" the victims by describing the incident, thus: "the accused police officers who had been convicted of homicide for the salvage of Froilan G. Cabiling and Jose M. Chua and attempted homicide of Mario C. Macato."

Rule 14.02
A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.
Public Attorneys Office, Maximo B. Usita, Jr. and Wilfredo C Andres vs. THE HON. SANDIGANBAYAN, G.R. Nos. 154297-300 February 15, 2008

Rule 14.03 A lawyer may not refuse to accept representation of an indigent client If:
(a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.

Rule 14.04
A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.

Rule 14.04
1) Ramos vs. Atty. Dajoyag, Jr., A.C. No. 5174 February 28, 2002 This rule enjoins every lawyer to devote his full attention, diligence, skills, and competence to every case that he accepts. Large volume of legal work do not excuse respondent for taking proper action out of time.

Rule 14.04
2) Metro Iloilo Water District vs. CA, G.R. No. 122855 November 14, 2001 A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Movant-counsel's repeated failure to file the respondent's memorandum is a clear violation of his oath.

CANON 15
A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT.

CANON15
1) Overgaard vs. Atty. Valdez, A.C. No. 7902 September 30, 2008 Instead of devoting himself to the client's cause, the respondent avoided the complainant, forgot about the cases he was handling for him and ostensibly abandoned him. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.

Rule 15.01 and 15.03
Robert Bernhard Buehs vs. Atty. Innocencio T. Bacatan, A.C. No. 6674 June 30, 2009 He took on the duty to act as a voluntary arbitrator to hear the parties contentions and give judgment between them. However, respondent indorsed a criminal complaint for possible criminal prosecution against herein complainant, a party to the illegal dismissal case.

Rule 15.02
A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.

Rule 15.02
1) Hadjula vs. Atty. Madianda, A.C. No. 6711 : July 3, 2007 The act of disclosing documents and information revealed in confidence to the respondent in the course of a legal consultation, later used as bases in criminal and administrative complaints lodged against the client, breached a lawyers duty of preserving the confidence of a client.

Rule 15.02
2) Mercado vs. Atty. Vitriolo, A.C. No. 5108 May 26, 2005 Varied Decision: The evidence on record fails to substantiate complainants allegations.

Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

Conflict of Interest
The test is "whether or not in behalf of one client, it is the lawyers duty to fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument will be opposed by him when he argues for the other client." - A.C. No. 5804 July 1, 2003 Hornilla and Atty. Ricafort vs. Atty. Salunat

Rule 15.03
1) De Guzman vs. Atty. De Dios, A. C. No. 4943 January 26, 2001 Respondent appeared as counsel in behalf of complainant. There was evidence of collusion between the board of directors and respondent. The present situation shows a clear case of conflict of interest of the respondent.

Rule 15.03
2) Hornilla and Atty. Ricafort vs. Atty. Salunat, A.C. No. 5804 July 1, 2003 Respondent was guilty of conflict of interest when he represented the parties against whom his other client, the PPSTA, filed suit.

Rule 15.03
3) Erlinda Abragan vs. Atty. Maximo G. Rodriguez, A.C. No. 4346 April 3, 2002 The respondent represented conflicting interest. An attorney owes to his client undivided allegiance.

Rule 15.03
4) Heirs of Lydio Jerry Falame vs. Atty. Baguio, ADM. CASE NO. 6876 March 7, 2008 The attorney-client relation between Lydio and respondent was established despite the fact that it was only Raleigh who paid him.
The fact that the attorney-client relation had ceased by reason of Lydio's death or through the completion of the specific task for which respondent was employed is not reason for respondent to advocate a position opposed to that of Lydio.

Rule 15.03
5) Teodosio v. Nava, A.C. No. 4673 - April 27, 2001 Varied Decision: Respondent did not violate this rule. The danger that petitioner may abuse his clients' confidences to the detriment of the other is absent.

Rule 15.04 A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 15.05 A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case.

Rule 15.05
1) Rollon vs. Atty. Naraval, A.C. No. 6424 March 4, 2005 The judgment civil suit between Rosita Julaton and complainant had long become final and executory. But he withheld such vital information from complainant.

Rule 15.06 A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.

Rule 15.06
1) In Re: Use by Atty. Renerio G. Paas as an office in his private practice of his profession the office of his wife, Pasay City METC Judge Estrellita M. Paas, A.M. No. 01-12-02SC April 4, 2003 It is unprofessional and dishonorable, to say the least, to misuse a public office to enhance a lawyer's prestige. Public confidence in law and lawyers may be eroded by such reprehensible and improper conduct.

Rule 15.06
2) Reddi vs. Atty. Sebrio, A.C. No. 7027 January 30, 2009 He convinced complainant to pay bribe money to our judges since, he claims, that it is a common practice in the Philippines.

Rule 15.07 A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.

Rule 15.07
1) Rural Bank of Calape, Inc. Bohol vs. Atty. Florido, A.C. No. 5736 June 18, 2010 Respondent led his clients in physically taking over the management and operation of the bank through force, violence and intimidation. A lawyers duty is not to his client but to the administration of justice.

Rule 15.07
Nicanor Gonzales and Salud B. Pantanosas vs. Atty. Miguel Sabacajan, A.C. No. 4380 October 13, 1995 He unjustly refused to give to Gonzales and Pantanosas their certificates of titles supposedly to enforce payment of their alleged financial obligations to his client and presumably to impress his client of his power to do so.

Rule 15.08 A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

FIDUCIARY DUTY is the principle that attorney
derives no undue advantage that may operate to the prejudice or cause an occasion for loss of a client.

CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.

CANON 16
I
1) ARELLANO UNIVERSITY, INC. VS. MIJARES III, A.C. No. 8380, 20 November 2009
If not used, a lawyer must return the money or property immediately to his client upon demand, otherwise the lawyer shall be presumed to have misappropriated the same in violation of the trust reposed on him. A lawyers conversion of funds entrusted to him is a gross violation of professional ethics.

CANON 16
After agreeing to take up the cause of a client, a lawyer owes fidelity to both cause and client, even if the client never paid any fee for the attorney-client relationship. Lawyering is not a business; it is a profession in which duty to public service, not money, is the primary consideration.
2) ADRIMISIN VS. JAVIER, A.C. No. 2591, 08 September 2006; 3) BURBE VS. MAGULTA, AC No. 99-634, 10 June 2002.

CANON 16
4) ESPIRITU VS.ULEP, A.C. No. 5808, 04 May 2005
The relation between attorney and client is highly fiduciary in nature. Being such, it requires utmost good faith, loyalty, fidelity and disinterestedness on the part of the attorney. Its fiduciary nature is intended for the protection of the client.

CANON 16
II 1) ANGALAN VS. DELANTE , A.C. No. 7181, 06 February 2009 The Court stated that a person who took the 8.102-hectare property of his illiterate clients and who is incapable of telling the truth is unfit to be a lawyer.

CANON 16
2) HERNANDEZ VS. GO, A.C. No. 1526, 31 January 2005
Respondents acts of acquiring for himself complainants lots entrusted to him are, by any standard, acts constituting gross misconduct, a grievous wrong, a forbidden act, a dereliction in duty, willful in character, and implies a wrongful intent and not mere error in judgment.
Chapter IV: The Lawyer and The Client Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.03
A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.

Rule 16.01
1) OVERGAARD VS. VALDEZ, A.C. No. 7902 , 30 September 2008
The respondent demonstrated not only appalling indifference and lack of responsibility to the courts and his client but also a wanton disregard for his duties as a lawyer. It is deplorable that members of the bar, such as the respondent, betray not only the trust of their client, but also public trust.

Rules 16.01 and 16.03
When a lawyer receives money from the
client for a particular purpose, the lawyer is bound to render an accounting to the client showing that the money was spent for the intended purpose. Consequently, if the lawyer does not use the money for the intended purpose, the lawyer must immediately return the money to the client.
2) BAYONLA VS. REYES, A.C. No. 4808, 22 November 2011; 3) MENESES VS. MACALINO, A.C. No. 6651, 27 February 2006; 4) VILLANUEVA VS. GONZALES, A.C. No. 7657, 12 February 2008.

Rules 16.01 and 16.03
5) ALMENDAREZ, JR. VS. LANGIT, A.C. No. 7057, 25 July 2006 A lawyer is not entitled to unilaterally
appropriate his client's money for himself by the mere fact that the client owes him attorney's fees. In this case, respondent did not even seek to prove the existence of any lien, or any other right that he had to retain the money.

Rule 16.02 A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

Rule 16.02
VELEZ VS. DE VERA, A.C. No. 6697, 25 July 2006
Atty. de Vera's act of holding on to his client's money without the latters acquiescence is a conduct indicative of lack of integrity and propriety. It is clear that he, by depositing the check in his own account and using the same for his own benefit, is guilty of deceit, malpractice, gross misconduct and unethical behavior.

Rule 16.04
A lawyer shall not borrow money from
his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.

Rule 16.04
FRIAS VS. LOZADA, A.C. No. 6656, 13 December 2005 A lawyers act of asking a client for a loan,
as what respondent did, is very unethical. It comes within those acts considered as abuse of clients confidence. The canon presumes that the client is disadvantaged by the lawyers ability to use all the legal maneuverings to renege on her obligation.

CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

CANON 17
1) EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION VS. DIONEDA, A.C. No. 5162, 20 March 2003
Public interest demands that an
attorney exert his best efforts and ability to preserve his client's cause, for the unwavering loyalty displayed to his client likewise serves the ends of justice.

CANON 17
2) BELLEZA VS. MACASA, A.C. No. 7815, 23 July 2009 A lawyer who accepts the cause of a client
commits to devote himself (particularly his time, knowledge, skills and effort) to such cause. He must be ever mindful of the trust and confidence reposed in him, constantly striving to be worthy thereof.

CANON 18
A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE

Rule 18.01 A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render service, if with the consent of his clients, he can obtain as collaborating counsel a lawyer who is competent on the matter.
Chapter IV: The Lawyer and The Client Ramos vs Imbang

Respondents conduct in office fell short of the integrity and good moral character required of all lawyers, specially one occupying a public office. Lawyers in public office are expected not only to refrain from any act or omission which tend to lessen the trust and cofidence of the citizenry in government but also uphold the dignity of the legal profession at all times and observe a high standard of honesty and fair dealing. A government lawyer is a keeper of public faith and is burdened with a high degree of social responsibility, higher than his brethren in private practice.

Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation.

Parias vs Paguinto
A lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him. He shall serve his client with competence and diligence, and his duty of entire devotion to his clients cause not only requires, but entitles him to employ every honorable means to secure for the client what is justly due him or to present every defense provided by law to enable the latters cause to succeed. An attorneys duty to safeguard the clients interests commences from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. During that period, he is expected to take such reasonable steps and such ordinary care as his clients interests may require.
Chapter IV: The Lawyer and The Client Talento vs Paneda

A lawyer engaged to represent a client in a case bears the responsibility of protecting the latters interest with utmost diligence. It is the duty of a lawyer to serve his client with competence and diligence and he should exert his best efforts to protect, within the bounds of law, the interest of his client. It is not enough that a practitioner is qualified to handle a legal matter, he is also required to prepare adequately and give the appropriate attention to his legal work.

Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Rule 18.04 A lawyer shall keep the client Informed of the status of his case and shall respond within a reasonable time to the clients request for information.

Gone vs Ga
It is that a lawyer is not obliged to act as counsel for every person who may wish to become his client. He has the right to decline employment subject however, to the provision of Canon 14 of the code of professional reponsibility. Once he agrees to take up the cause of a client, he owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. Failure to communicate with his client deliberately disregarding its request for an audience or conference is an unjustifiable denial of its right to be fully informed of the developments of in and the status of its case.

Solidon vs Macaladlad
A lawyer so engaged to represent a client bears the responsibility of protecting the latters interest with utmost diligence. The lawyer bears the duty to serve his client with competence and diligence, and to exert his best efforts to protect, within the bounds of law, the interest of his or her client. Accordingly, competence not only in the knowledge of law, but also in the management of the cases by giving these cases appropriate attention and due preparation, is expected from a lawyer.

Conlu vs Aredonia
This duty includes not merely reviewing the cases entrusted to the counsels care and giving the client sound legal advice, but also properly represent the client in court, attending scheduled hearings, preparing and filing required pleadings, prosecuting the handled cases with reasonable dispatch and urging termination without awaiting for the client or the court to prod him or her to do so. The lawyer should not be sitting idly by and leave the rights of the client in a state of uncertainty. The failure to file brief resulting in the dismissal of an appeal constitutes inexcusable negligence.

Sarenas-Ochagabia vs Ocampos
A client is entitled to the benefit of any and every remedy and defense that is authorized by the law and expects his lawyer to assert every such remedy or defense

Dalisay vs Mauricio
Acceptance of Attorneys fees is a form of agreeing with the AttorneyClient relationship. When a lawyer takes a clients cause, he covenants that he will exercise due diligence in protectingthe clients rights.

CANON 19
A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF LAW

Rule 19.01 A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain in improper advantage in any case or proceeding.
Pena vs Aparicio Millare vs Montero

Rule 19.02
A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the rules of court.

Rule 19.03 A lawyer shall not allow his client to dictate the procedure on handling the case.

RBCI vs Florido
A lawyers duty is not to his client but to the administration of justice. To that end, his clients success is wholly subordinate. His conduct ought to and must always be scrupulously observant of the law and ethics. Any means, not honorable, fair, and honest which is resorted to by the lawyer, even in the pursuit if his devotion to his clients cause, is condemnable and unethical.

CANON 20
A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

A. Requisites for the right to accrue attorneys fees:
1. Existence of attorney client relationship; 2. Rendition by the lawyer of services to the client.
B. Who is liable for attorneys fees? Gen. Rule: Only the client who engaged the services of
counsel either personally or through an authorized agent is liable for the attorneys fees.
Exception:
EQUITABLE PR INCIPLE. A person who accepts the benefit of legal representation impliedly agrees to pay the lawyers services for he cannot unjustly enrich himself at the expense of the lawyer.

Two (2) Concepts of Attorneys Fees:
ORDINARY CONCEPT
1. Definition
EXTRAORDINARY CONCEPT Amount of damages which the court may award to be paid by the losing party to the prevailing party.
Reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter.
2. Basis
Fact of employment Any of the cases authorized by the client. by law and is payable to the client not to the lawyer unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.

CONTIGENT FEE
An agreement in the contract whereby the fee, usually a fixed percentage is made to depend on the success of the action. A lawyer may properly charge a higher fee for his legal services since he assumes the risk of not getting paid for his services.

CANON 20
1. VALENTIN C. MIRANDA v. ATTY. MACARIO D. CARPIO, A.C. No. 6281, 26 September 2011 2. VALERIANA DALISAY v. ATTY. MELANIO BATAS MAURICIO, A.C. No. 5655, April 22, 2005 3. ATTY. ROXAS, ET AL., v. DE ZUZUARREGUI, JR DE ZUZUARREGUI v. NHA G.R. No. 152104, January 31, 2006
4. LUZVIMINDA LIJAUCO v. ATTY. ROGELIO TERRADO A.C. No. 6317, August 31, 2006

CANON 20
1. VALENTIN C. MIRANDA v. ATTY. A.C. No. 6281, 26 September 2011 MACARIO D. CARPIO,
Atty. Carpio collected exorbitant fees from the complainant. It is highly improper for a lawyer to impose additional professional fees upon his client which were never mentioned nor agreed upon at the time of the engagement of his services. Respondent was SUSPENDED from the practice of law for a period of six(6) months.

CANON 20
2. VALERIANA DALISAY v. ATTY. MELANIO BATAS MAURICIO, A.C. No. 5655, April 22, 2005
Respondent collected from the complainant exorbitant fee. Atty. Mauricio did not take any step to assist complainant in her case, charging, P56, 000 is improper. While giving legal advice and opinion on complainants problem and those of her family constitutes legal advice, however, the attorneys fee must be reasonable. Obviously, P56, 000 is exorbitant. Respondent was found GUILTY of Malpractice and Gross Misconduct for violating Canons 17, 18, Rule 18.03 and Canon 20 of the CPR and the Lawyers Oath.

CANON 20
3. ATTY. ROXAS, ET AL., v. DE ZUZUARREGUI, JR DE ZUZUARREGUI v. NHA G.R. No. 152104, January 31, 2006
Attys. Roxas and Pastor received an amount which was equal to 44% of the just compensation paid (including the yield of the bonds) by the NHA to the Zuzuarreguis, or an amount equivalent to P23, 980, 000 of the P54, 5000,000. The 44% is undeniably, unconscionable and excessive under the circumstances. Its reduction is, therefore, in order. Petitioners were ordered to return to Zuzuarreguis the amount of P17, 073, 224. 84. the

CANON 20
4. LUZVIMINDA LIJAUCO v. ATTY. ROGELIO TERRADO A.C. No. 6317, August 31, 2006
Respondents claim that the attorneys fees pertains only to the recovery of complainants savings deposit from Planters Development Bank cannot be sustained. The fee of P70,000 for legal assistance in the recovery of the deposit amounting P180,000 is unreasonable.

Rule 20.01
Rule 20.01. A lawyer shall be guided by the ff. factors in determining his fees:
a. Time spent and the extent of the services rendered or required;

b. Novelty and difficulty of the questions involved; c. Importance of the subject matter;
d. Skill demanded;
e. Probability of losing other employment as a result of acceptance of the proffered case; f. Customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g. Amount involved in the controversy and the benefits resulting to the client from the service; h. Character of the employment, whether occasional or established; and

Rule 20.01
PRINCIPLE OF QUANTUM MERUIT
1. Concept: As much as he deserved
Legal mechanism in legal ethics which prevents an unscrupulous client from running away with the fruits of the legal services of a counsel without paying therefore.
It is in line with the fundamental principle against enrichment at the expense of the other.

Rule 20.01
PRINCIPLE OF QUANTUM MERUIT
2. Application: 1. When no express contract for payment of attorneys fees between the attorney and client. 2. Theres a formal contract for attorneys fees but found unconscionable or unreasonable by the court. 3. The attorneys fees is void due to formal matters or defects of execution. 4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion. 5. When the lawyer and the client disregard the contract for attorneys fees.

Rule 20.01
I. 1. GARCIA v. ATTY. ROLANDO BALA A.C. No. 5039, November 25, 2005
2. CONCEPT PLACEMENT RESOURCES, INC., v. ATTY. FUNK G.R. No. 137680, February 6, 2004
II. 3. DOY MERCANTILE INC., v. AMA COMPUTER COLLEGE G.R. No. 155311, March 31, 2004

Rule 20.01
I. 1.GARCIA v. ATTY. ROLANDO BALA A.C. No. 5039, November 25, 2005 The legal fees were not commensurate to the services rendered by the respondent. His legal services were too insignificant for remuneration because of the useless remedy he took. Respondent was ordered to return to complainants P9,200 with legal interest and was held guilty of negligence and conduct unbecoming of a lawyer and suspended from the practice of six (6) months.

Rule 20.01
2. CONCEPT PLACEMENT RESOURCES, INC., v. ATTY. FUNK G.R. No. 137680, February 6, 2004
Respondent did not encounter any difficulty in representing petitioner. The complaint against it was dismissed with prejudice. All that respondent did was to prepare the answer with counterclaim and possibly petitioners position paper. Considering respondents limited legal services and the case involved is not complicated the award of P50,000 as attorneys fees is a bit excessive. Respondent is only entitled to P10, 000 attorneys fees considering that the case involved was not complicated.

Rule 20.01
II. DOY MERCANTILE INC., v. AMA COMPUTER COLLEGE G.R. No. 155311, March 31, 20o4
Courts are not bound to consider all the factors listed in Rule 138 of the Rules of Court and Rule 20.01 of the CPR in fixing attorneys fees. They are mere guides in ascertaining the real value of the lawyers service.

Rule 20.02
A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.

Rule 20.02
1. Lawyer Referral System.
Designed to aid individuals who are able to pay fees but need assistance in locating lawyers competent to handle their particular problems.
2.
Fees of Collaborating Counsel:

a. No express agreement as to attorneys fees: - The collaborating counsel will receive AFs proportion to the work done and responsibility assumed. b. In case of disagreement: The court may fix the proportional division of fees. in

Rule 20.02
3. Division of Fee.
- Single billing to a client covering the fee of 2 or more lawyers who not in the same firm.

Rule 20.03
A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.

Rule 20.03
Gen. Rule: A lawyer shall not accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation related to his professional employment from anyone other than the client.
Exception:
1. The client has full knowledge; 2. The client has given its consent.
The lawyer reasonably believes that the clients best interest will not be adversely affected.

Rule 20.04
A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice and fraud.

Rule 20.04
Gen. Rule:
A lawyer should avoid the filing of any case against clients for the enforcement of his attorneys fees. Exception: To prevent: a. imposition b. injustice c. fraud

Rule 20.04
1. FEDERICO N. RAMOS v. ATTY.PATRICIO A. NGASEO, A.C. No. 6210, December 9, 2004 2. ALEX B. CUETO v. ATTY. JOSE B. JIMENEZ, JR., A.C. No. 5798, January 3, 2005

Rule 20.04
1. FEDERICO N. RAMOS v. ATTY.PATRICIO A. NGASEO, A.C. No. 6210, December 9, 2004
When complainant received a demand letter from the respondent asking for the delivery of the 1, 000 sq. m. piece of land which he allegedly promised as payment for respondents appearance fee. In the same letter, respondent also threatened to file a case in court if the complainant would not confer with him and settle the matter within 30 days.
Respondent was found GUILTY of conduct unbecoming of a member of the legal profession in violation of Rule 20.04 of Canon 20 of the CPR.

Rule 20.04
2. ALEX B. CUETO v. ATTY. JOSE B. JIMENEZ, JR., A.C. No. 5798, January 3, 2005
Atty. Jose Jimenez filed a criminal case for violation of BP 22 against complainant (when the check representing the P20, 000 balance for his notarization fee was dishonored for insufficient funds) was highly improper.
Respondent Jimenez was severely Reprimanded violating Canon 20 Rule 20.04 of the CPR. for

CANON 21
A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY CLIENT RELATION IS TERMINATED.

CANON 21
ATTORNEY CLIENT PRIVILEGE
It is the clients privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between him and his attorney.
This privilege belongs to the client, therefore, only the client may waived it.

CANON 21
1. Gen. Rule: Lawyer Client confidentiality rule is perpetual. Exception: Those provided in Rule 21.01. 2. Requisites:
1. A C relationship exists at the time communication

was made; 2. Confidential communication was made to the lawyer in his professional capacity; 3. The information was intended to be confidential.

CANON 21
1. GENATO v. SILAPAN, 406 SCRA 75, July 14, 2003 2. SAMALA v. ATTY. VALENCIA, A.C. No. 5439, January 22, 2007 3. ROSACIO v. ATTY. BULALACAO, A.C. No. 3745, October 2, 1995

CANON 21
1. GENATO v. SILAPAN, 406 SCRA 75, July 14, 2003
The disclosure were not indispensable to protect his rights as they were not pertinent to the foreclosure case. It was improper for the respondent to use it against the complainant in the foreclosure case as it was not the subject matter of litigation therein and respondents professional competence and legal advice were not being attacked in said case.

CANON 21
2. SAMALA v. ATTY. VALENCIA, A.C. No. 5439, January 22, 2007
Respondent was warned to refrain from repeating the act of being counsel of record of both parties in Civil Case No. 95 105 MK.

CANON 21
3. ROSACIO v. ATTY. BULALACAO, A.C. No. 3745, October 2, 1995
Respondent breached his oath of office for representing the employees of his former client, Tacma, Phils., after the termination of their attorney client relationship.

A lawyer shall not reveal the confidence or secrets of his client except: a. When authorized by the client after acquainting him of the consequences of the disclosure; b. When required by law; c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
Rule 21.o1

Rule 21.o1
1. ALCANTARA, ET AL., v. ATTY. DE VERA A.C. No. 585, November 23, 2010
Respondent filed cases against his former client involved matters and information acquired by him during the time when he was still Rosarios counsel. These information which have been the basis of the case he filed were acquired through the A C Relationship.

Rule 21.o2
A lawyer shall not, to the disadvantage of his client, use information in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

Rule 21.o2
Gen. Rule:
A lawyer who acquired information from the client in the course of his legal employment, is prohibited from making use of such information, whether privileged or not, to the:
a. disadvantage of his client; b. lawyers own advantage; c. advantage of a 3rd person.
Exception: If the client with full knowledge of the circumstances consents to the use thereof.
Exception to the exception: Matters of unprivileged information.

Rule 21.o2
1. HADJULA v. ATTY. MANDIANDA A.C. No. 6711, JULY 3, 2007
The documents shown and the information revealed in confidence to the respondent in the course of legal consultation in question, were used as bases in the criminal and administrative complaints lodged against the complainant.

Rule 21.o3
A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.

Rule 21.o3
Gen. Rule:
A lawyer shall not give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping , accounting, data processing, or any similar purpose. Exception: If the client gives his written consent.

Rule 21.o3
1. PEOPLE v. SY JUCO, ATTY. REMO, 64 Phil 667
The court could not and not order the opening of the art metal filing cabinet because, it having been proven that it belongs to the appellant attorney and that in it he keeps records and documents of his clients, to do so would be in violation of his rights as such attorney, since it would tantamount to compelling him to disclose or divulge facts or things belonging to his clients, which should be kept secret, unless he is authorized by them to make such disclosure, it being a duty imposed by law upon an attorney to strictly preserve the secrets or communications made to him.

Rule 21.o4
A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.

Rule 21.o4
Gen. Rule:
A lawyer may disclose the affairs of a client of the firm to partners or associates thereof.
Exception:
When prohibited by the client.

Rule 21.o5
A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.o5
1. Duty of the lawyer to prevent leakage of clients confidence and secrets.
2. Report of the IBP Committee, p. 119

The lawyer is obliged to exercise care in selecting and training his employees so that the sanctity of all confidences and secrets of his clients may be preserved.

Rule 21.o6
A lawyer shall avoid

indiscreet conversation
about a clients affairs even with members of the family.

Rule 21.o6
Under this rule, a lawyer should avoid committing calculated indiscretion that is accidental revelation of secrets obtained in his professional employment.

Rule 21.o7
A lawyer not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

Rule 21.o7
Gen. Rule:
A lawyer shall not reveal that he has been consulted about a particular case. Exception: To avoid possible conflict of interest.

Rule 21.o7
1. DAVID v. FRANCISCO, 84 Phil 569
The necessity of setting down the existence of the bare relationship of attorney and client as the yard stick for testing incompatibility of interests. This stern rule is designed not alone to prevent the dishonest practitioner from fraudulent conduct, but as well to protect the honest lawyer from unfounded suspicion of unprofessional practice.

CANON 22
A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES.

FELICISIMO M. MONTANO, complainant, vs. INTEGRATED BAR of the PHILIPPINES AND Atty. JUAN S. DEALCA, respondents [A.C. No. 4215. May 21, 2001]

Rule 22.o1
A lawyer may withdraw his services in any of the following cases: a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

c) When his inability to work with cocounsel will not promote the best interest of the client; d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;

f) When the lawyer is elected or appointed to public office; and g) Other similar cases.

ANGELITA C. ORCINO, complainant, vs. ATTY. JOSUE GASPAR, respondent [A.C. No. 3773. September 24, 1997] Eliza V. Venterez, Genaro de Vera, Inocencia V. Ramirez, Pacita V. Mills, Antonina V. Palma and Ramon de Vera vs. Atty. Rodrigo R. Cosme

Rule 22.o2
A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.

ELMER CANOY, complainant, vs. ATTY. JOSE MAX ORTIZ, respondent [A. C. No. 5485. March 16, 2005]

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