CHAPTER 1 -INTRODUCTORY
Preliminary
Legal Ethics
1. 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.
2. It is the embodiment of all
principles of morality and
refinement that should govern the
conduct of every member ofthe bar
The law is not a trade nor a craft
but profession.
Its basic idea is to render public
service and secure justice to those
who seek its aid.
Those enrolled in its ranks should
not only master its tenets and
principles but also accord
continuing fidelity to them.
Obligation not an easy task due
tocommercialism in all fields of
humanendeavor.
To fulfill obligation:
1. Professional standards
beconstantly inculcated
amonglawyers.
2. Manual of equipment
rulesand ethics of the
professioncollated, readily available
toevery attorney.
Sources of Legal Ethics:
1. The 1987 Constitution.
2. Applicable Jurisprudence.
3. Code of Professional
Responsibility
4. New Civil Code.
5. Rules of Court.
6. Revised Penal Code.
7. Local Government Code.
PRIMARY CHARACTERISTICS
WHICHDISTINGUISH THE
LEGALPROFESSIONFROM
BUSINESS
1. A duty of public service.
2. A relation, as an officer of
the court, to the
administration
of justice involving thorough
sincerity, integrity and
reliability.
3. A relation to clients with the
highest degree of fiduciary4.
A relation to the colleagues at the
bar characterized by candor,
fairness and unwillingness to resort
to current business methods of
advertising and encroachment on
their practice, or dealing directly
with their clients.
Definitions
LEGAL ETHICS
Body of all principles of
morality and refinement that
should govern the conduct of
every member of the bar.
Living spirit of the
profession.
 Branch of moral science
which treats of duties which
an attorney owes to The
court to his client to his
colleagues, and to the public.
Terms used to describe a
member of the legal profession:
Lawyer, Attorney, or Attorney-At-Law.
Advocate, Barrister, Counsel or
Counselor.
Proctor, Solicitor.
Spanish:
Abogado.
Filipino:
Manananggol.
The term refers to that class of
persons who by license are officers
of the court empowered to appear,
prosecute, and defend.
A person who is a member of the
Philippine Bar Who, by warrant of
Another, practices law, or acts
professionally in legal formalities.
Those who passed the
Sharia Bar not entitled to be called
Attorneys unless admitted to the
Philippine Bar.
Counsel de parte
An attorney retained by a party
litigant, usually for a fee, to
prosecute or defend his cause in
court.
Implies freedom of choice either on
the attorney or the litigant.
Counsel de oficio:
Attorney appointed by the court.
To defend an indigent defendant in
a criminal action.
To represent a destitute party.
Attorney of record:
Attorney whose name, together
with his address, is entered in the
record of the case as the
designated counsel of the party
litigant.
To whom judicial notices are sent.
A lawyer of counsel
is an experienced lawyer, who is
usually retired member of judiciary
employed by law firms as
consultant.
Amicus Curiae
Is: An experienced and impartial
attorney invited by the court to
appear and help in the disposition
of issues submitted to it.
It implies friendly intervention of
counsel to call the attention of the
court to some matters of law or
facts which might otherwise escape
its notice and in regard to which it
might go wrong.
Appears in court not to represent
any particular party but only to
assist the court.

Amicus Curiae par excellence
Bar associations who appear in
court as amici curiae or friends of
the court. Acts merely as a
consultant to guide the court in a
doubtful question or issue pending
before it.
Bar
Refers to the legal profession.
Bench
Refers to the judiciary.
Client
One who engages the services of a
lawyer for legal advice or for
purposes of prosecuting or
defending a suit in behalf and
usually for a fee.
Lawyer
This is the general term for a
person trained in the law and
authorized to advice and represent
others in legal matters
Attorneys-At-Law
That class of persons who are
licensed officers of the courts
empowered to appear, prosecute
and defend, and upon whom
peculiar duties, responsibilities and
liabilities are developed by law as
a consequence.
Attorney in fact
Simply an agent whose authority is
strictly limited by the instrument
appointing him. His authority is
provided in a special power of
attorney or general power of
attorney or letter of attorney. He is
not necessarily a lawyer.
Bar Association
An association of members of the
legal profession like the IBP where
membership is integrated or
compulsory.
House Counsel
One who acts as attorney for
business though carried as an
employee of that business and
notes an independent lawyer.
Pro Se
Appearance of a lawyer on his own
behalf.
Lead Counsel
The counsel on either side of a
litigated action who is charged with
the principal management and
Direction of a partys case, as
Distinguished from his juniors or
subordinates.
Practicing Lawyer
One engaged in the practice of law
who by license are officers of the
court and who are empowered to
appear, prosecute and
Defend a clients cause.

Trial Lawyer
One who personally handles cases
in court, administrative agencies of
boards which mean engaging in
actual trial work, either for the
prosecution or for the defense of
cases of clients.
Power to regulate practice of law.
The Constitution
[Art. VIII, Sec. 5(5)]
Vests this power of control and
regulation in the Supreme Court
The constitutional power to
admit candidates to the legal
profession is
judicial function and involves
the exercise of discretion.
Const art. XII, sec. 14.
The practice of all professions
in the Philippines shall be
limited to Filipino citizens,
save in cases prescribed by
law.
The SC acts through a Bar
Examination Committee in the
exercise of its judicial function to
admit candidates to the legal
profession. Thus, the Committee is
composed of a member of the
Court who acts as Chairman and 8
members of the bar who acts as
examiners in the8 bar subjects
with one subject assigned to each
Practice of law is impressed with
public interest.
Attorney takes part in one of the
most important functions of the
State- The Administration of
Justice.
Duty of the State to control and
regulate the practice of law to
promote public welfare.
Practice of law is inseparably
connected with the exercise of its
judicial power in the administration
of justice.
LEGISLATURES EXERCISE OF
POLICE
POWER
May enact laws regulating the
practice of law but may not pass a
law that will control the Supreme
Court on its function to decide who
may enjoy the privilege of
practicing law. Could be considered
unconstitutional.
SC POWER TO REGULATE
PRACTICE OFLAW includes:
1. Authority to define that term.
2. Prescribe qualifications of
candidate and the subjects of
the bar exams.
3. Decide who will be admitted
to the practice.
4. Discipline, suspend, or disbar
any unfit or unworthy
member of the bar.
 5. Reinstate any disbarred
attorney.
6. Ordain the integration of the
Philippine bar.
7. Punish for contempt any
person for unauthorized
practice of law.
8. Exercise overall supervision
of the legal profession.
9. Exercise any other power as
maybe necessary to elevate
the standards of the bar and
preserve its identity.
Power to regulate the
practice of law is not an
arbitrary or despotic power
to be exercised at the
pleasure of the court.
It is the duty of the court to
exercise it by a sound and
just judicial discretion.
Nature of office of attorney
An attorney is more than a mere
agent because he possesses special
powers of
Trust and confidence reposed in him
by his client.
Independent as the judge.
In a limited sense, a
Public officer, although not in
the constitutional or
statutory meaning of the
term.
Occupies a quasi-judicial office
because he is in fact an
officer of the court.
The title
Attorney
is reserved to those who has:
1. Obtained a degree in the study of
law.
2. Successfully taken the bar.
3. Have been admitted to the
Integrated Bar of the Philippines and
remain members in good standing.
4. Authorized to practice law in the PH.
Membership in the bar is in the
category of a mandate of public
service of the highest order.
Lawyers are oath-bound
Servants of society whose
conduct are clearly
circumscribed by the inflexible
norms of law and ethics.
Primary duty is to the
advancement of the quest of
truth and justice.
Privileges of an attorney
1. Privilege and right to practice
law during good behavior
before any judicial, quasi-
judicial, or administrative
tribunal.
2. Attorneys enjoy the
presumption of regularity in the
discharge of his duty (His
statements, if relevant or
material to the case, are
absolutely privileged regardless
of their defamatory tenor. He
can speak freely and
courageously in proceedings
without the risk of criminal
prosecution.)
 3. Other privileges inherent in his
status as quasi-judicial officer: a.
Passing the bar is equivalent to
First-grade Civil Service
eligibility for any position in the
classified service of the
government, the duties of which
require knowledge of law.b.
Second-grade eligibility for any
other government position not
requiring proficiency in the law.
4. The court, in admitting him to
practice, presents him to the
public as worthy of its
confidence and as a person fit
and proper to assume and
discharge the responsibilities of
an attorney.
5. Has the privilege to set the
judicial machinery in motion.
He can stand up for his right or the right of
his client even in the face of a hostile court.
He has the right to protest, in respectful
language, any unwarranted treatment of a
witness or any unjustified delay.
The rights and privileges which they enjoy
as officers of the court are necessary for the
proper administration of justice as for the
protection of attorney and his client.
There can be no strong bar without
courageous and fearless attorneys.
As a man of law, his is necessarily a
leader in the community, looked up
to as a model citizen.
Integrity, ability, and learning often
makes him qualified to administer
the Executive Departments or the
Legislative bodies.
Duties of Attorneys (Rule 138, Sec
20)
MEMORIZE!
It is the duty of an attorney:
1. To maintain allegiance to the
Republic of the Philippines and
to support the Constitution and
obey the laws of the Philippines;
2. To observe and maintain the
respect due to the courts of
justice and judicial officers;
3. 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;
4. 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 with
a false statement of a fact or a
law.
5. He has to preserve the secret of
his client and to accept no
compensation
6. To abstain from all offensive
personality and to advance to
fact prejudicial or reputation of a
party or witness unless required
by the justice.
 7. Not to encourage the
commencement or action or
proceeding
8. Delay a mans cause for
corruptive motive or interest
9. Not to reject him for any
corruption personal to himself.
10. To present every defense that
the law permits to the end that
no person may be deprived of
life, liberty but due process of
law.
Public vs. Private and Personal Duties
Duties of an attorney may be classified as a
public, private, and personal obligations.
Public Duty- consists of obligations to obey
the law, aid in the administration of justice
and cooperate with it.
Private Duty- obligation to faithfully,
honestly and conscientiously represent the
interest of his client.
Personal Obligation- what he owes to
himself.
Such classification of public and
personal results from the three-fold
capacity in which an attorney
operates:
o As a faithful assistant of the
court in search of a just
solution. (Public Duty)
o A trusted agent of his client
(Private Duty)
o As a personal self-employed
businessman (Personal)
The rules of ethics of the legal profession
demands that an attorney subordinate his
public and private duties to those which he
owes to the court and to the public.
His oath requires him to be absolutely
honest even when his clients interest is a
contrary course.
When his duties to his client conflict with
those he owes to the court, the former
must yield to the latter.
His obligations to his client in turn, take
precedence over his duties to himself.
Personal sacrifices are inherent in the
practice of law.
Practice of law a profession
It is a form of public trust. Only
entrusted to those who possess
good moral character
The legal profession is a profession
and not a trade.
To render public service and secure
justice for those who needs aid.
Its not a business to reap profit.
The gaining of a livelihood is a
secondary choice.
The code of professional
responsibility, particularly the
ethical rule against advertising or
solicitation of professional
employment rests that the practice
of law is a profession.
Professional Spirit- the spirit of public
service.
The law as a profession proceeds
from the basic premise that
members of the bar is a privilege
burdened with conditions and
carries responsibilities to live up to
 its exacting standards and honored
traditions.
A person enrolled in this rank is
called upon to aid in the
performance of one of the basic
purpose of the state- the
administration of justice.
The profession is a branch of
administration of justice and not a
mere money-making trade
The advocacy is not a capital that
yields profit.
Attorney is entitled of a protection
from the court against clients who
escapes payment of just fees.
Client is also protected against his
counsel of excessive fees.
Primary Characteristic distinguishing the
legal profession from business:
1. A duty of public service, emolument
is a by-product.
2. A relation as office of the court to
the administration of justice
involving sincerity, integrity, and
reliability.
3. Relation to the client as highest
degree fiduciary.
4. Relation to colleagues at bar by
fairness, unwillingness to engage in
business methods of advertising or
dealing with clients.
The characteristic makes it a noble
profession and that whoever has the
privilege is bestowed upon individuals that
are intellectual competent, academically,
and morally.
A partnership in the practice of law is a
mere relationship or association and not a
legal entity. It is not a partnership formed
for carrying on a trade or business or of
holding a property.
Even if registered with the SEC, any lawyer
practicing under a law partnership is
considered a solo practitioner who is the
taxpayer and not the law partnership.
Law prohibits a business or commercial
partnership or judicial entity to engage in a
practice of law because it cannot meet the
requirements of a lawyer.
Necessity of representation by counsel
Employment of a person becomes a
necessity both to litigant and the
court.
Litigant is not ordinarily vested in
the law and its intricacies.
A court can adjudicate only in
accordance with the law and the
facts presented pursuant to well-
established rules of procedure and
evidence.
A person unlearned in the law can
neither aid litigants nor the court
Only a lawyer can properly and
effectively extend such assistance.
The law profession came into being
as a result of that procedural
development of the court, which
created the necessity for the
attorney and made him part of the
judicial machinery.
The right of a litigant to counsel is a
recognition of the necessity that a
litigant appear by counsel.
There can be no fair hearing unless a
litigant is represented by a counsel.
 A court cannot compel a litigant to
prosecute or defend his cause
personally if he chose to appear by
counsel de oficio for an accused and
require the counsel to proceed with
the trial when the accused has
previously manifested his desire to
secure the services of a counsel de
parte.
SC subjects the lawyer to disciplinary
action and administrative liability for
his failure to properly attend to the
interest of his client.
Need for, and right to, counsel
Party litigants needs the assistance
of a counsel in all proceedings,
administrative, civil, or criminal.
Not being a lawyer, he is ignorant of
the substantive and procedural laws
which are applied to resolve
disputes.
Even if he is a lawyer, his personal or
emotional involvement may
adversely affect his handling of the
case. Thus, even lawyers who are
parties in a case need the guiding
hand of counsel.
The need of a person for the
assistance of a counsel is felt more
urgently in criminal than in any
other proceedings.
In custodial investigations, any
person under such for the
commission of an offense shall have
the right to be informed of his right
to remain silent and to have
competent and independent counsel
preferably of his choice and any
confession in violation of such shall
be inadmissible in evidence against
him.
Consequences of denial of right to counsel
The denial of such right, which may
either be the absence of assistance
of counsel or the inadequate and
grossly negligent representation
may have adverse results.
1. Admission of guilt without
counsel, inadmissible in
evidence.
2. Representation of a person
claiming to be a lawyer,
conviction shall be set aside
and a new trial undertaken.
3. Judgement of conviction
even if final and executor
may still be recalled.
4. Gross ignorance of law and
the procedure by counsel
gives the accused another
chance to present his
evidence.
5. Litigation may be reopened if
the incompetence,
ignorance, or inexperience of
counsel is so great and error
committed is so serious that
the client is prejudiced and
denied his day in court.
When appearance by counsel not
obligatory
In the Municipal Trial Court, a party
may conduct his litigation in person
or with the aid of an agent or friend
appointed by him with an aid of an
attorney.
 In Regional Trial Court and Appellate
Courts, a party to civil suit may
either conduct his litigation
personally or by attorney unless the
party is a juridical person.
In Administrative Proceedings, right
to counsel is not indispensable to
due process. If a respondent had
chosen to represent himself without
the counsel cannot later claim denial
of due process.
Nothing in the Constitution that says
that a party in a non-criminal
proceeding is entitled to be
represented by a counsel.
The rule applies only in Civil and
Administrative cases. It does not
apply in cases involving grave and
less grave offenses where the
accused must be represented by
counsel and such right is not
waivable.
Cannons of professional responsibility
A lawyer is answerable not only to
his client but also to the court of
which he is an officer.
He should do nothing which may
tend to lessen the public confidence
in the fidelity, honestly, and integrity
of the legal profession,
Professional standards serve as the
lawyers chart and compass to
resolve difficult questions of duty
and help minimize ethical
delinquencies.
In 1917, the Philippine Bar
Association, realizing that something
more than the Oath and Duties off a
Lawyer was needed to attain the full
measure of public respect, adopted
as its own Cannons 1 to 32 of the
Canons of Professional Ethics of the
American Bar Association.
In 1946, it again adopted its own,
Canons 33-47.
Their enforcement by the courts and
observance by lawyers in indicative
of a due appreciation of their
responsibilities to the courts, to the
clients, to the bar, and to the public.
Supreme Court applied some of the
Canons in case of professional
misconduct.
The Integrated Bar of the Philippines
adopted in 1980 a proposed Code of
Professional Responsibility
submitted to the Supreme Court for
approval.
In 1988, the Supreme Court
promulgated the Code of
Professional Responsibility.
The Code consists of 22 Canons and
77 Rules divided into 4 chapter.
1. The Law and Society
2. The Lawyer and the Legal
Profession
3. The Lawyer and the Courts.
4. The Lawyer and the Clients.
The Code establishes the norms of
conduct and ethical standards for all
lawyers.
Failure to live up to any of its
provisions is ground for disciplinary
action.
Faithful observance requires a
thorough understanding of the
Code.