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Ethics
Lawyer's Oath
In Re Keenan:
LARYERS OATH
OATH OF A LAWYER
CANON 1
CANON 2
CANON 3
CANON 4
CANON 6
CANON 7
RULE 7.02
The nature of the office, the trust relation which exists between
attorney and client, as well as between court and attorney,
and the statutory rule prescribing the qualifications of
attorneys, uniformly require that an attorney be a person of
good moral character. If that qualification in a condition
precedent to a license or privilege to enter upon the practice of
the law, it would seem to be equally essential during the
continuance of the practice and the exercise of the privilege. So
it is held that an attorney will be removed not only for
malpractice and dishonesty In his profession, but also for gross
misconduct not connected with his professional duties, which
shows him to be unfit for the office and unworthy of the
privileges which his license and the law confer upon him."( In
Re Pelaez, 44 Phil. 667)
CANON 8
CANON 9
The lawyers duty to prevent, or at the very least not to assist
in, the unauthorized practice of law is founded on public
interest and policy. Public policy requires that the practice of
law be limited to those individuals found duly qualified in
education and character. The permissive right conferred on the
lawyer is an individual and limited privilege subject to
withdrawal if he fails to maintain proper standards of moral
and professional conduct. The purpose is to protect the public,
the court, the client, and the bar from the incompetence or
dishonesty of those unlicensed to practice law and not subject
to the disciplinary control of the Court. It devolves upon a
lawyer to see that this purpose is attained. Thus, the canons
and ethics of the profession enjoin him not to permit his
professional services or his name to be used in aid of, or to
make possible the unauthorized practice of law by, any agency,
personal or corporate. And, the law makes it a misbehavior on
his part, subject to disciplinary action, to aid a layman in the
unauthorized practice of law.( atty. Neo-lacsamana vs. atty.
Busmente, 677 phil. 1)
CANON 10
CANON 11
CANON 12
CANON 13
CANON 14
Rule 14.01
Rule 14. 03
CANON 15
The prohibition against representing conflicting interest is
founded on principles of public policy and good taste. In the
course of a lawyer-client relationship, the lawyer learns all the
facts connected with the client's case, including the weak and
strong points of the case. The nature of that relationship is,
therefore, one of trust and confidence of the highest degree. It
behooves lawyers not only to keep inviolate the client's
confidence, but also to avoid the appearance of impropriety and
double-dealing for only then can litigants be encouraged to
entrust their secrets to their lawyers, which is of paramount
importance in the administration of justice.[5]( A.C. NO. 6160,
March 30, 2006 PEREZ VS. ATTY. DE LA TORRE)
CANON 16
Rule 16.02
Rule 16.03
The charging lien is the right which the attorney has upon all
judgments for the payment of money, and executions issued in
pursuance of said judgments, which he has secured in a
litigation of his client (Section 33, Rule 127; Rustia vs.
Abeto, 72 Phil., 133). Under this rule, this lien, whether
retaining or charging, takes legal effect only from and after,
but not before, notice of said lien has been entered in the
record and served on the adverse party (Macondray &
Company, Inc. vs. Jose, 66 Phil., 590; Menzi and Company
vs. Bastida, 63 Phil., 16).
The Code mandates that every "lawyer shall hold in trust all
moneys and properties of his client that may come into his
possession."[21] The Code further states that "[a] lawyer shall
account for all money or property collected or received for or
from the client."[22] Furthermore, "[a] lawyer shall deliver the
funds and property of his client when due and upon
demand."[23]( Navarro v. Meneses, 285 SCRA 586 (1998);)
A lawyer, under his oath, pledges himself not to delay any man
for money or malice and is bound to conduct himself with all
good fidelity to his clients. He is obligated to report promptly
the money of his clients that has come into his possession. He
should not commingle it with his private property or use it for
his personal purposes without his client's consent. He should
maintain a reputation for honesty and fidelity to private trust.
(Daroy vs. Legaspi 160 Phil. 306)
CANON 17
canon 17,
The relationship between a lawyer and a client is
imbued with utmost trust and confidence.[41] Lawyers are
expected to exercise the necessary diligence and competence in
managing cases entrusted to them. They commit not only to
review cases or give legal advice, but also to represent their
clients to the best of their ability without need to be reminded
by either the client or the court. The expectation to maintain a
high degree of legal proficiency and attention remains the
same whether the represented party is a high-paying client or
an indigent litigant.( A.C. No. 10537, February 03, 2015
CANON 18
Rule. 18.03
Every member of the Bar should always bear in mind that every
case that a lawyer accepts deserves his full attention, diligence,
skill and competence, regardless of its importance and whether
he accepts it for a fee or for free. A lawyers fidelity to the cause
of his client requires him to be ever mindful of the
responsibilities that should be expected of him. He is mandated
to exert his best efforts to protect the interest of his client within
the bounds of the law. The Code of Professional Responsibility
dictates that a lawyer shall serve his client with competence
and diligence and he should not neglect a legal matter
entrusted to him.[12 A.C. No. 5092, August 11, 2004
CANON 19
CANON 20
CANON 21
CANON 22
CANON 22 -- A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
The rule in this jurisdiction is that a client has the
absolute right to terminate the attorney-client relation at
any time with or without cause. The right of an attorney
to withdraw or terminate the relation other than for
sufficient cause is, however, considerably restricted.
Among the fundamental rules of ethics is the principle
that an attorney who undertakes to conduct an action
impliedly stipulates to carry it to its conclusion. He is not
at liberty to abandon it without reasonable cause. A
lawyer's right to withdraw from a case before its final
adjudication arises only from the client's written consent
or from a good cause.( Elisa V. Venterez et al vs. Atty.
Rodrigo R. Cosme, AC No. 7421, October 10, 2007)
FINAL word