Legal Ethics Reviewer

Final Exam
March 29, 2016
By Genevieve Taylan
CANON 17
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A lawyer owes Fidelity to the cause of his client and he shall be mindful of
the trust and confidence reposed in him.
o Fidelity to the cause of his client must always be maintained.
o It demands utmost fidelity and good faith
o Lawyers obligation to remain loyal to the client and to keep latters
secret given in confidence.

CANON 18
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A lawyer should serve his client with competence and diligence.

o Diligence the attention and care required of a person in a given
situation and is the opposite of negligence
o Extraordinary diligence does not required from practice of law, but
just an ordinary pater familias.
o 18.1 - 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 such service if, with the consent of his client, he can obtain a
collaborating counsel a lawyer who is competent on the matter.
o A government lawyer is disqualified to practice law
o 18.2 a lawyer shall not handle any legal matter without adequate
preparation (includes among other virtues, sufficient knowledge of
the law and jurisprudence, ability in trial technique and high
proficiency in formulation of pleadings.)
o 18.3 A lawyer shall not neglect a legal matter entrusted to him
and his negligence in connection therewith shall render him liable.
o A lawyer has no authority to waive clients right to appeal.
o 18.4 A lawyer shall keep the client informed of the status of his
case and shall respond within reasonable time to the clients
request for information.

CANON 19
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A Lawyer shall represent his client with zeal within the bounds of the law.
o The lawyer owes entire devotion to the interest of the client, warm
zeal in the maintenance and defense of his rights and the exertion
of his utmost learning and ability.
o A lawyers duty is not to his client but to the administration of
justice.
o 19.1 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 threatening to present unfounded criminal charges
to obtain an improper advantage in any case or proceeding.

19.2 A lawyer who has received information that his client has, in
the course of representation, perpetuated a fraud upon a person or
tribunal shall promptly call upon the client to rectify the same, and
falling which he has to terminate the relationship with such client in
accordance with the rules of court.
19.3 A lawyer shall not allow his client to dictate the procedure in
handling the case.

CANON 20
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A lawyer shall charge only fair and reasonable fees.

o 20.1 A lawyer shall be guided by the following factors in
determining his fees:
The time spent and the extent of the services rendered or
required;
The novelty and difficulty of the questions involved;
The importance of the subject matter;
The skill demanded;
The probability of losing other employment as a result of
acceptance of the preferred case.
The customary charges for similar services and the schedule
of fees of the IBP Chapter to which he belongs.
The amount involved in the controversy and the benefits
resulting to the client from the service.
The contingency or certainty of compensation;
The character of the employment, whether occasional or
established; and
The professional standing of the lawyer.
o Kinds of Payments
A fixed or absolute fee which is payable regardless of the
result.
A contingent fee that is conditioned to the securing of
favourable judgement and recovery of money or property
and the amount of which may be on a percentage basis;
A fixed fee computed by the number of hours spent; or
A fixed fee based on piece of work.
o Retainer an act of the client by which he employs a lawyer to
manage for him for a cause to which he is a party. Or otherwise
adivise him as counsel.
Fee which the client pays his attorney whom he retains
Kinds of Retainer Agreements on Attorneys Fees
General Retainer fee paid to a lawyer to secure his
future services as general counsel for any ordinary
legal problem that may arise in the ordinary business
of the client and refereed to him for legal action.
Special Retainer fee for specific case or service
rendered by the lawyer to the client.

Quantum Meriut as much as he has deserved. In sum, is

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 therefor.
When quantum meriut authorized to recover fees?
When there is no express contract for payment of
attorneys fees agreed upon between the lawyer and
the client.
When although there is a formal contract for attorneys
fees, the fees stipulated are found unconscionable or
unreasonable by the court.
unconscionable to be unconscionable, the amount
contracted for must be such that no man in his right senses
would offer on the other hand and no honest and fair man
would accept on the other.
20.2 A lawyer shall, in cases of referral, with the consent of the
client, be entitled to a division of fees in proportion to the work
performed and responsibility assumed.
20.3 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.
Exception is when the client has full knowledge and approval
thereof.
20.4 A lawyer shall avoid controversies with clients concerning his
compensation and shall resort t judicial action only to prevent
imposition, injustice or fraud.

CANON 21
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A lawyer shall preserve the confidences and secrets of his client even
after the attorney-client relation is terminated.
o Confidence refers to information protected by the attorney-client
privilege under the Revised Rules of Court
o Rationale is to encourage and inspire clients to tell all about the
facts of their cases.
o 21.01 A lawyer shall not reveal the confidences or secrets of his
client except:
When authorized by the client after acquainting him of the
consequences of the disclosure;
When required by law;
When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
o 21.02 A lawyer shall not, to the disadvantage of client, use
information acquired 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 consent thereto.