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PRELIMINARY
Legal Ethics - Branch of Moral Science, which treats of the duties, which an attorney
owes to the court, his client, to his colleagues in the profession and to the public.
Original Bases:
1. Canons of Professional Ethics
2. Supreme Court Decisions
3. Statutes
4. Constitution
5. Treatises and Publications
Present Basis:
Code of Professional Responsibility
-Is the embodiment into one Code of the various pertinent and subsisting
rules, guidelines, and standards on the rule of conduct of lawyers sourced
from the Constitution, Rules of Court, Canons of Professional Ethics,
statutes, special laws, treatises and decisions which must be observed by
all members of the bar in the exercise of their profession whether in and
out of court as well as in their public and private lives.
Definition of Terms:
Bar Refers to the whole body of attorneys and counselors; collectively, the members
of the legal profession; the collectivity of persons whose names appear in the Roll of
Attorneys.
Bench Denotes the whole body of judges and Justices.
Bar Admission Act by which one is licensed to practice before courts of a particular
state or jurisdiction after satisfying certain requirements such as bar examinations,
period of residency or admission on grounds of reciprocity after period of years as
member of bar of another jurisdiction.
Lawyer General term for a person trained and authorized to practice law and to
advise or represent other in legal matters.
Practice of Law Any activity in or out of court, which requires the application of
law, legal procedures, knowledge, training, and experience.(Cayetano v. Monsod, 201
SCRA 210)
Practicing Lawyer One engaged in the practice of law.
Attorneys-at-Law That class of persons who are by license, officers of the courts,
empowered to appear, prosecute and defend, and upon whom law develops peculiar
duties, responsibilities and liabilities as a consequence.
Attorney-in-Fact An agent whose authority is strictly limited by the instrument
appointing him, provided in a special power of attorney or general power of attorney,
or letter of attorney. He is not necessarily a lawyer.
c. They are duly accredited members of any legal aid office duly
recognized by the Department of Justice, or the IBP in cases
referred to by the latter.
6. Under the Cadastral Act, non-lawyer can represent a claimant before the
Cadastral Court.
7. Any person appointed to appear for the Government of the Philippines in
accordance with Law.
8. A non-lawyer may represent a party before the Department of Agrarian
Reform Adjudication Board.
Public Officials Who Cannot Practice Law in the Philippines
1.
2.
3.
4.
5.
6.
7.
8.
GMC
To protect
To protect
To protect
To protect
the public.
the public image of lawyers.
prospective clients.
errant lawyers from themselves.
RULE 1.02 - A lawyer shall not counsel or abet activities aimed at the defiance of the
law or at lessening confidence in the legal system.
RULE 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay a mans cause.
Barratry The offense of frequently exciting and stirring up quarrels and suits, either
at law or otherwise. Its the lawyers act of fomenting suits among individuals and
offering his legal services to one of them for monetary motives or purposes.
Ambulance Chasing Figuratively speaking, is the lawyers acts of chasing an
ambulance carrying the victim of an accident for the purpose of talking to the said
victim and or relatives and offering his legal service for the filing of a case against the
person who caused the accident. Evils spawned by this are:
1. Fomenting of litigation with resulting burdens on the court and the
public,
2. Subordination of perjury,
3. Mulcting innocent persons by judgments upon manufactured causes of
action, and
4. Defrauding of injured persons having proper causes of action but
ignorant of legal rights and court procedures by means of contracts,
which retain exorbitant percentages of recovery and illegal charges for
court costs and expenses and by settlement made for quick returns of
fess and against the just right of the injured persons.
RULE 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy
if it will admit of fair settlement.
CANON 2
A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT
AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 A lawyer shall not reject, except for valid reason the cause of the
defenseless or oppressed.
A lawyer should not decline appointment as counsel de oficio for the defenseless and
the oppressed, unless there are valid reasons therefor. Under the Rules of Court, it is
one of the duties of a lawyer never to reject, for any consideration personal to himself,
the cause of the defenseless and the oppressed.
Legal aid is not a matter of charity, but a public responsibility.
Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the extent necessary
to safeguard the latters right.
Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
CANON 4
A LAWYER SHALL PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL SYSTEM
BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
ADMINISTRATION OF JUSTICE.
It is every lawyers duty to improve the legal system in the country.
The duty of the administration of justice is a duty that falls on the shoulders
of every Filipino.
CANON 5
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTIUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISEEMINATING INFORMATION REGARDING THE LAW AND
JURISPRUDENCE.
The Bar has been integrated for the attainment of the following objectives:
1. Elevate standards of the legal profession.
2. Improve the administration of justice.
3. Enable the Bar to discharge its public responsibility more effectively.
The lawyers life is one of continuous and laborious study; otherwise, his
skill and knowledge of the law and related disciplines will lag behind and
become obscure due to obsoleteness.
Lawyers three-fold obligation:
1. He owes it to himself to continue improving his knowledge of the law.
2. He owes it to his profession to take an active interest in the maintenance
of high standards of legal education.
3. He owes it to the lay public to make the law a part of their social
consciousness.
CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN
THE DISCHARGE OF THEIR OFFICIAL TASKS.
Public Officials Includes elective and appointive officials and employees,
permanent or temporary, whether in career or non-career service, including the
military and police personnel, whether or not they receive compensation, regardless
of the amount.
Public Officials should observe the following norms:
1. Commitments to Public Interest
2. Professionalism
3. Justness and Sincerity
4.
5.
6.
7.
8.
Political Neutrality
Responsiveness to the Public
Nationalism and Patriotism
Commitment to Democracy
Simple Living
Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment of
witnesses capable of establishing the innocence of the accused is highly
reprehensible and cause for disciplinary action.
Interest of a Prosecutor Is not to win the case, but to see that Justice is done. He
should see to it that the accused is given fair and impartial trial and not deprived of
his statutory or constitutional rights. He should recommend for the acquittal of the
accused whose conviction is on appeal, if he finds no legal basis to sustain the
conviction.
Rule 6.02 A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.
A government lawyer should not refuse to perform a duty. A government
lawyer, who under the law is required to represent the government, any of its
agencies or officers, should not refuse to appear for them.
Rule 6.03 A lawyer shall not, after leaving government service, accept any
engagement or employment in connection with any matter in which he had
intervened while in said service.
Adverse-interest Conflicts Exist where the matter in which the former
government lawyer represents a client in private practice is substantially related to a
matter that the lawyer dealt with while employed by the government and the
interests of the current and the former are adverse.
Congruent-interest Representation Conflicts Unique to government lawyers
and apply primarily to former government lawyers.
CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF
THE LEGAL PROFESSION, AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
Rule 7.02 A lawyer shall not support the application for admission to the bar of any
person known to him to be unqualified in respect to character, education or other
relevant attribute.
A lawyer who violates this is liable for disciplinary action. The act of supporting the
application to the Bar of any person known to him to be unqualified constitutes gross
misconduct in office.
Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 A lawyer shall not, in his professional dealings, use language, which is
abusive, offensive and otherwise improper.
Language to be used A lawyers language should be forceful but dignified,
emphatic but respectful as befitting an advocate and in keeping with the dignity of the
legal profession.
Rule 8.02 A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer; however, it is the right of very lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful
and neglectful counsel.
CANON 9
A LAWYER SHALL NOT
UNAUTHORIZED PRACTICE OF LAW.
DIRECTLY
OR
INDIRECTLY
ASSIST
IN
THE
CANON 10
A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 10.01 A lawyer shall not do any falsehood; nor consent to the doing of any in
court; nor shall he mislead or allow the court to be misled by any artifice.
The violation of Attorneys Oath is a ground for suspension or disbarment.
Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of
a paper, the language or the argument of opposing counsel, or the text of a decision
or authority, or knowingly cite as a law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been proved.
Rule in the quotation of a decision When a lawyer makes a quotation of a
decision in his pleadings, he should quote the same verbatim to avoid misleading the
court.
When misquotation is intended, the lawyer is subject to disciplinary action.
A lawyer should not assert as fact, his version of the case, which had not yet been
proven. Nor, should a lawyer assert as finding of fact by Court, which actually is not.
Foisting of non-existent rule Foisting a non-existent rule to mislead the Court is a
violation of legal ethics.
Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse them
to defeat the ends of justice.
The aim of lawsuit is to render justice. The rules of procedure are precisely designed
to attain such objective.
A lawyer who misuses the rules to frustrate the ends of justice deserves stern
condemnation.
Judges should not condone the deliberate abuse of procedural rules by any member
of the Bar.
Rule 10.04 A lawyer shall, when filing a pleading, furnish the opposing party with a
copy thereof, together with all the documents annexed thereto. Unless a motion is
ex-parte, he should se it for hearing, with sufficient notice to the other party.
CANON 11
A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
Lawyers first duty is to the Courts.
The highest sign of respect to the courts is the lawyers obedience to the
Court orders and processes.
Pleading containing derogatory, offensive or malicious statements submitted to the
Court or Judge which proceedings are pending constitutes direct contempt.
Rule 11.01 A lawyer shall appear in court properly attired.
Rule 11.02 A lawyer shall punctually appear at court hearings.
Rule 11.03 A lawyer shall abstain from scandalous, offensive or menacing language
or behavior before the courts.
Direct Contempt or Contempt in Facie, is misbehavior committed in the presence
of or so near a court or judge so as to obstruct or interrupt proceedings before the
same.
Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.05 A lawyer shall not criticize the personal or official conduct of a judge in
an insulting and intemperate language.
Rule 11.06 A lawyer shall submit grievances against a Judge to the proper
authorities only.
File with the Supreme Court through the Office of Court Administrator (Administrative),
or with the Ombudsman (Criminal).
CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared
himself with the law and the facts of his case, the evidence he will adduce and the
order of its profference. He should also be ready with the original documents for
comparison with the copies.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
Forum Shopping There is forum shopping when as a result f adverse opinion in one
forum, a party seeks a favorable opinion in another or when he institutes two or more
actions or proceedings grounded on the same cause, on the gamble that one or the
other court would make a favorable decision. This is condemnable. This is inapplicable
to disbarment proceedings. It is also a reprehensible manipulation of court
processes and proceedings.
Elements: A lawyer could be charged with engaging in forum shopping only when
two or more cases are pending involving the same parties, causes of action and reliefs
prayed for.
CANON 13
A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN
FROM ANY IMPROPRIETY, WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE
OF INFLUENCING THE COURT.
Art. 19 of NCC Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due and observe
honesty and good faith.
Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with the judges.
Rule 13.02 A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Rule 13.03 A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.