Legal Ethics is a branch of moral science which treats of the duties which an attorney owes to

the court, to his client, to his colleagues in the profession and to the public, as embodied in the
Constitution, Rules of Courts, Code of Professional Responsibility, Canon of professional Ethics,
jurisprudence, moral law and special laws.
Significance of Legal Ethics
1. Legal Ethics will guard against the abuses and ills of the profession such as dishonesty,
deceit, immorality, negligence, slothness, lack of diligence and many other forms of
malpractice of the members of the bar.
2. On the positive side, it will raise the standard of the legal profession, enhance and
encourage the respect of the law, assure effective and efficient administration of justice,
and assist in keeping and maintenance of law and order in coordination with the
departments of the government.
3. It will also provide basis for weeding out unfit and misfit in the legal profession for the
protection of the public.
Original Bases of the Legal Ethics
1.
2.
3.
4.
5.

Canons of Professional Ethics

Constitution
Supreme Court Decisions
Statutes
Treaty and Publication

Present Basis of Philippine Legal Ethics - Code of Professional Conduct (June 21, 1988)
Importance of the New Code
1. Provides impression of identity
2. Sense of independence attuned to the local traditions, practices and customs in the
country.
Bar whole body of attorneys/counselors; collectively the members of the legal profession.
Bench Whole body of judges
Practicing lawyer one engage in the practice of law.
Practice of Law means any activity, in or out in the court which requires the application of law,
legal procedure, knowledge, training and experience. To engage in the practice of law is to perform
those acts which are characteristic of the profession.
Attorney-at-Law The class of persons who are by license, officers of the court, empowered to
prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed
by law as a consequence.
Attorney-in-Fact - is simply an agent whose authority is strictly limited by an instrument appointing
him, though he may do things not mentioned in the appointment necessary in the performance of
his duties specifically required of him by the power of attorney appointing him, such authority being
necessarily implied.
Attorney of Record attorney whose name appear somewhere in permanent records, file of case,
or on the pleadings, or some any instrument filed in the case, or on appearance docket.

Counsel-de-Officio a counsel, appointed or assigned by the court, from among the members of
the bar in good standing, who by reason of experience and ability, may adequately defend an
accused.
Attorney ad Hoc a person named and appointed by the court to defend an absentee defendant in
the suit which the appointment is made.
Lead Counsel The counsel on either side of a litigated action who is charged with the principal
management and direction of partys case.
House Counsel Lawyers who acts as attorney for business.
Amicus Curiae A friend of the court. A person with strong interest in or views on the subject
matter of an action, but not a party to the action.
Admission to practice law
Power to admit and to practice - Section 5, Article VIII, 1987 Phil. Constitution
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Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Dar and legal assistance to the ender privilege

Basic Requirement for all applicants for admission to the Bar

1.
2.
3.
4.
5.

Citizen of the Philippines

At least 21 years old,
With good moral Character
A resident of the Philippines
Must produce before the Supreme Court satisfactorily evidence of good moral
character, and that no charges against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines.

Academic Requirement
1. Already earned a bachelors degree in arts or sciences (Pre-Law Course)
2. Finished the Law course (Civil law, commercial law, remedial law, criminal law,
public and private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.

Before can practice law

1. After passing a bar, the candidate shall take his lawyers oath before the SC.
2. Signing of Roll of Attorneys
3. Certificate of membership by the Clerk of Court.
The right to practice law is not a natural or constitutional right but is in the nature of a privilege or
franchise. It is limited to persons of good moral character with special qualifications duly ascertained
and certified. The right does not only presuppose in its possessor integrity, legal standing and
attainment, but also exercise of a special privilege, highly personal and partaking of the nature of a
public trust.
It is also in the nature of a right because the lawyer cannot be prevented from practicing law except
for valid reasons as the practice of law is not a matter of Statues grace or favor.

Attorneys Oath of Office

I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the
Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will
not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of may knowledge and discretion with all good fidelity as well as to the courts
as to my clients; and I impose upon myself this voluntary obligation without any mental reservation
or purpose of evasion. So help me God.

Duties of attorneys. It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only
as are consistent with truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except
from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless
of his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of
law.