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Legal Ethics Final Exam Reviewer

Amicus Curiae is an experienced and impartial lawyer invited by the court to appear and help in the disposition of the issues submitted to it. An Amicus Curiae appears in court not to represent any particular party but only to assist the court. Of counsel an experienced lawyer usually a retired Justice of the SC or CA employed by law firms as consultants. Pro Se An appearance by a lawyer in his own behalf Rule 20.01 A lawyer shall be guided by the following factors in determining his fees: (a) The time spent and the extent of the services rendered or required (b) The novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d) The skills demanded; (e) The probability of losing other employment as a result of acceptance of the proferred case; (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; (g) The amount involved in the controversy and the benefits resulting to the client from the service; (h) The contingency or certainty of compensation; (i) The character of the employment, whether occasional or established and; (j) The professional standing of the lawyer. Requisites for the right to attorneys fees to accrue 1. Existence of attorney-client relationship. 2. Rendition by the lawyer or services to the client. There are 2 commonly accepted concepts of attorneys fees, namely: 1. Ordinary In its ordinary concept, an attorneys fee is the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. 2. Extraordinary In its extra-ordinary concept, attorneys fees are deemed indemnity for damages ordered by the court to be paid by the losing party in litigation. The extraordinary concept of attorneys fees is the one contemplated by article 111 of the labor code, which is an exception to the declared policy of strict construction in the awarding of attorneys fees Obligations of a lawyer who withdraws or is discharged Rule 22.02 A lawyer who withdraws or is discharged shall, subject to a retainers 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. Unless properly relieved, the counsel is responsible for the conduct of the case, and he is obligated by his client and the court to do what the interest of his client requires until the end of litigation or his representation is terminated formally and there is a termination of record. The counsel of record is obligated to protect his clients interest until he is released from his professional relationship with his client. 1|Pahina
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Appearing for conflicting interests To reiterate, a lawyer is prohibited from representing conflicting interests. Otherwise, he is liable for professional misconduct. If a lawyer who is privy to a persons interest or has previously rendered service to him, he cannot appear for an opposite party in litigation. There is a representation of conflicting interests if the acceptance of a new retainer will require the lawyer to do anything which will injuriously affect his first client on any matter which he represents. A lawyer is forbidden from representing a subsequent client against a former client when the subject matter of the present controversy is related directly or indirectly, to the subject matter of the previous litigation in which he appeared for the former client. (Pormento, Sr. v Pontevedra, 454 SCRA 167 [2005]). Preservation of clients confidential information CANON 21 - A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relation is terminated. Without his clients consent, a lawyer cannot divulge any confidential information made by his client to him in the course of his employment as counsel. The prohibition covers his secretary, stenographer or clerk. The duration of the prohibition is perpetual. It lasts even after the termination of the case and even after the death of his client. The reason for these rule is that the client is fully free to disclose all the facts of the case to enable the lawyer to adequate defend the cause of his client and will not be subjected to surprises. Termination of attorney-client relationship The client has the right to terminate or discharge his attorney at anytime, with or without cause. The right of the client to terminate or discharge his lawyer is based on trust and confidence. A lawyer is aware that he can be discharged by his client at any stage of the proceedings at any time the client loses his confidence in him. This rule is based on the principle of a personal and highly confidential nature of relationship of the attorney and his client. The only limitation of the right of the client to discharge his lawyer is the payment of services rendered by the lawyer. The lawyer may terminate his relationship with his client only for a good cause as enumerated under Rule 22.01 of the Code of Professional Responsibility. Rule 22.01 - A lawyer may withdraw his services in any of the following case: (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 pursues conduct violative of these canons and rules; (c) When his inability to work with co-counsel 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; (g) Other similar cases. Quantum Meruit - It means much as what the lawyer deserves to be paid. It is a legal term and Latin for as much as is deserved. A principle where someone who has provided services to another party may be able to recover from an opponent who breached a contract.

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Following factors determine the Quantum Meruit: 1. Time Spent 2. Skills Needed 3. Novelty of case 4. Contingency 5. Customary rate 6. Professional standing 7. Importance of case value 8. Loss of other employment 9. Character of the employment 10. The value of the subject matter of the case Quantum Meruit applies in the following cases: 1. When there is no express contract 2. The contract is for conscionable amount 3. The contract is void 4. The lawyer did not finish the case Contempt of Court - it means the power to punish for contempt against any lawyer or person for gross disrespect of the court, open defiance of the court order or obstruction of justice. It may be direct or indirect. Direct contempt or contempt in facie curiae Misbehaviour committed in the presence of a court or judge to obstruct or interrupt the proceedings including disrespect towards the court. Indirect contempt of court an act committed outside the court such as disobedience to lawful court order or tending to degrade or obstruct administration of justice Concept of IBP The IBP is an official unification of the entire lawyer population in order that all persons admitted to the practice of law shall comply with their duties under their oath. Membership in the IBP is mandatory. 3 objectives of the IBP 1. To elevate the standards of the legal profession 2. To improve the administration of justice 3. To enable the bar to discharge its public responsibility more effectively. Requirements of completion of MCLE Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of continuing legal education activities. Consequences of non-compliance with the MCLE Requirements A member who fails to comply with the requirements after the 60 day period shall be listed as delinquent member of the IBP Board of Governors upon recommendation of the Committee of MCLE. The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the committee in MCLE.

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Disciplinary power of the Supreme Court The SC has the inherent power to discipline the members of the legal profession concomitant with its power to admit its members. It has the power to suspend or disbar a lawyer for various acts of misbehaviour. The CA and the RTC may also exercise disciplinary powers over lawyers but the orders of said courts are appealable to the SC. The purpose of disciplinary power is to compel the lawyers to comply with the rules of legal ethics and to protect the public from unscrupulous lawyers. Prevailing Code of Judicial Conduct The New Code of Judicial Conduct which became effective on June 1, 2004 is now the prevailing Code of Judicial Conduct as it has superseded the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct The New Code of Judicial Conduct contains six Canons: 1. Canon 1 on Independence 2. Canon 2 on Integrity 3. Canon 3 on Impartiality 4. Canon 4 on Propriety 5. Canon 5 on Equality 6. Canon 6 on Competence and Diligence Others Important Paulit-ulit Notes: Define Legal Ethics Legal Ethics is defined as branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren and to his client Attorneys fee refers to the reasonable compensation paid to a lawyer for the legal services he rendered to a client. (Orocio v. Anguluan, 577 SCRA 531 [2009]) Attorneys lien The right of a lawyer to hold a client's property or money until payment has been made for legal aid and advice given. It may be availed of by the lawyer to protect him from unscrupulous clients who unjustly refused to pay despite his financial capacity to do so. Attorneys lien is either retaining lien or charging lien. Duty to decline a case A lawyer may decline to accept a case if it will violate his oath as a lawyer such as when conflict of interest exist. But in criminal case, he may not decline to defend the accused even if he believes that he is guilty. This is true if a lawyer is appointed as counsel de officio to defend the accused who is poor. Otherwise the accused will be defenseless. Besides, the guilt or innocence of the accused is best left to the judgment of the court. If the case is not meritorious, the lawyer should candid enough to his client and should decline the case. He should instead advise the litigant to settle the case. Counsel needs to advise his client, ordinarily a layman unaccustomed to the intricacies and vagaries of the law, concerning the objective merit of the case. If the counsel finds that his clients cause lacks of merit, then it is his bounded duty to advise accordingly (Barbosa v. Tuquero, 575 SCRA 102 [2008]). Take NOTE: Justice Rodrigo Cosico will pick only 10 Questions.

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