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1: Code of Professional Responsibility

CANONS OF PROFESSIONAL ETHICS Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled
PREAMBLE for by the personal relations of the parties, subject both the judge and the lawyer to
In the Philippines, where the stability of courts and of all departments of government misconstructions of motive and should be avoided. A lawyer should not communicate
rests upon the approval of the people, it is peculiarly essential that the system for or argue privately with the judge as to the merits of a pending cause and deserves
establishing and dispensing justice be developed to a high point of efficiency and so rebuke and denunciation for any device or attempt to gain from a judge special
maintained that the public shall have absolute confidence in the integrity and personal consideration or favor. A self-respecting independence in the discharge of
impartiality of its administration. The future of the Republic, to a great extent, professional duty, without denial or diminution of the courtesy and respect due the
depends upon our maintenance of justice pure and unsullied. It cannot be so judge's station, is the only proper foundation for cordial personal and official relations
maintained unless the conduct and the motives of the members of our profession are between bench and bar.
such as to merit the approval of all just men.
4. Counsel for an indigent prisoner
No code or set of rules can be framed, which will particularize all the duties of the
A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused
lawyer in the varying phase of litigation or in all the relations of professional life. The
for any trivial reason and should always exert his best efforts in his behalf.
following canons of ethics are adopted by the Philippine Bar Association as a general
guide, yet the enumeration of particular duties should not be construed as a denial of 5. The defense or prosecution of those accused of crime
the existence of others equally imperative, though not specifically mentioned.
It is the right of the lawyer to undertake the defense of a person accused of crime,
1. The duty of the lawyer to the courts regardless of his personal opinion as to the guilt of the accused; otherwise, innocent
persons, victims only of suspicious circumstances, might be denied proper defense.
It is the duty of the lawyer to maintain towards the courts a respectful attitude, not
Having undertaken such defense, the lawyer is bound, by all fair and honorable
for the sake of the temporary incumbent of the judicial office, but for the
means, to present every defense that the law of the land permits, to the end that no
maintenance of its supreme importance. Judges, not being wholly free to defend
person may be deprived of life or liberty but by due process of law.
themselves, are peculiarly entitled to receive the support of the bar against unjust
criticism and clamor. Whenever there is proper ground for serious complaint of a The primary duty of a lawyer engaged in public prosecution is not to convict but to
judicial officer, it is the right and duty of the lawyer to submit his grievances to the see that justice is done. The suppression of facts or the secreting of witnesses capable
proper authorities. In such cases, but not otherwise, such charges should be of establishing the innocence of the accused is highly reprehensible.
encouraged and the person making them should be protected.
6. Adverse influence and conflicting interests
2. The selection of judges
It is a duty of a lawyer at the time of retainer to disclose to the client all the
It is the duty of the bar to endeavor to prevent political considerations from circumstances of his relations to the parties and any interest in or connection with the
outweighing judicial fitness in the selection of judges. It should protest earnestly and controversy, which might influence the client in the selection of counsel.
actively against the appointment of those who are unsuitable for the bench; and it
should strive to have elevated thereto only those willing to forego other employments It is unprofessional to represent conflicting interests, except by express consent of all
whether of a business, political or other character, which may embarrass their free concerned given after a full disclosure of the facts. Within the meaning of this canon,
and fair consideration of questions before them for decision. The aspiration of a lawyer represents conflicting interests when, in behalf of one client, it is his duty to
lawyers for judicial position should be governed by an impartial estimate of their contend for that which duty to another client requires him to oppose.
ability to add to the office and not by a desire for the distinction the position may
The obligation to represent the client with undivided fidelity and not to divulge his
bring to themselves.
secrets or confidence forbids also subsequent acceptance of retainers or employment
3. Attempts to exert personal influence of the court from others in matters adversely affecting any interest of the client with respect to
which confidence has been reposed.

7. Professional colleagues and conflicts of opinions


2: Code of Professional Responsibility

A client's proffer of assistance of additional counsel should not be regarded as The lawyer should refrain from any action whereby for his personal benefit or gain he
evidence of want of confidence, but the matter should be left to the determination of abuses or takes advantage of the confidence reposed in him by his client.
the client. A lawyer should decline association as colleague if it is objectionable to the
Money of the client or collected for the client or other trust property coming into the
original counsel, but if the lawyer first retained is relieved, another may come into the
possession of the lawyer should be reported and accounted for promptly and should
case.
not under any circumstances be commingled with his own or be used by him.
When lawyers jointly associated in a cause cannot agree as to any matter vital to the
12. Fixing the amount of the fee
interest of the client, the conflict of opinion should frankly stated to him for his final
determination. His decision should be accepted unless the nature of the difference In fixing fees, lawyers should avoid charges which over estimate their advice and
makes it impracticable for the lawyer whose judgment has been overruled to services, as well as those which undervalue them. A client's ability to pay cannot
cooperate effectivity. In this event it is his duty to ask the client to relieve him. justify a charge in excess of the value of the service, though his poverty may require a
less charge, or even none at all. The reasonable requests of brother lawyers, and of
Efforts, direct or indirect, in any way to encroach upon the professional employment
their widows and orphans without ample means, should receive special and kindly
of another lawyer are unworthy of those who should be brethren at the bar; but,
consideration.
nevertheless, it is the right of any lawyer, without fear or favor, to give proper advice
to those seeking relief against unfaithful or neglectful counsel, generally after In determining the amount of the fees, it is proper to consider: ( 1 ) the time and labor
communication with the lawyer against whom the complaint is made. required, the novelty and difficulty of the questions involved and the skill required to
properly conduct the cause; (2) whether the acceptance of employment in the
8. Advising upon the merits of a client's cause
particular case will preclude the lawyer's appearance for others in cases likely to arise
A lawyer should endeavor to obtain full knowledge of his client's cause before out of the transaction, and in which there is a reasonable expectation that otherwise
advising thereon, and he is bound to give a candid opinion of the merits and probable he would be employed in the particular case or antagonisms with other clients; (3) the
result of pending or contemplated litigation. The miscarriages to which justice is customary charges of the bar for similar services; (4) the amount involved in the
subject, by reason of surprises and disappointments in evidence and witnesses, controversy and the benefits resulting to the client from the services; (5) the
through mistakes and errors of courts, even though only occasional, admonish contingency or the certainty of the compensation; and (6) the character of the
lawyers to beware of bold and confident assurances to clients, especially where the employment, whether casual or for an established and constant client. Not one of
employment may depend upon such assurance. Whenever the controversy will admit these considerations in itself is controlling. They are mere guides in ascertaining the
of fair judgment, the client should be advised to avoid or to end the litigation. real value of the service.

9. Negotiations with opposite party In determining the customary charges of the bar for similar services, it is proper for a
lawyer to consider a schedule of minimum fees adopted by a bar association, but no
A lawyer should not in any way communicate upon the subject of controversy with a
lawyer should permit himself to be controlled thereby or to follow it as his sole guide
party represented by counsel, much less should he undertake to negotiate or
in determining the amount of his fee.
compromise the matter with him, but should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid everything that may tend to In fixing fees, it should not be forgotten that the profession is a branch of the
mislead a party not represented by counsel, and he should not undertake to advise administration of justice and not a mere money-getting trade.
him as to the law.
13. Contingent fees
10. Acquiring interest in litigation
A contract for a contingent fee, where sanctioned by law, should be reasonable under
The lawyer should not purchase any interest in the subject matter of the litigation all the circumstances of the case including the risk and uncertainty of the
which he is conducting. compensation, but should always be subject to the supervision of a court, as to its
reasonableness .
11. Dealing with trust property
3: Code of Professional Responsibility

14. Suing a client for a fee to the personal history or the personal peculiarities and idiosyncrasies of counsel on
the other side. Personal colloquies between counsel which cause delay and promote
Controversies with clients concerning compensation are to be avoided by the lawyer
unseemly wranglings should also be carefully avoided.
so far as shall be compatible with his self-respect and with his right to receive
reasonable recompense for his service; and lawsuits with the clients should be 18. Treatment of witnesses and litigants
resorted to only to prevent injustice, imposition or fraud.
A lawyer should always treat adverse witnesses and suitors with fairness and due
15. How far a lawyer may go in supporting a client's cause consideration, and he should never minister to the malevolence or prejudices of a
client in the trial or conduct of a cause. The client can not be made the keeper of the
Nothing operates more certainly to create or to foster popular prejudice against
lawyer's conscience in professional matter. He has no right to demand that his
lawyers as a class, and to deprive the profession of that full measure of public esteem
counsel shall abuse the opposite party or indulge in offensive personalities. Improper
and confidence which belongs to the proper discharge of its duties than does the false
speech is not excusable on the ground that it is what the client would say if speaking
claim. often set up by the unscrupulous for the defense of questionable transactions,
in his own behalf.
that it is the duty of the lawyer to do whatever may enable him to succeed in winning
his client's cause. 19. Appearance of lawyer as witness for his client

It is improper for a lawyer to assert in argument his personal belief in his client's When a lawyer is a witness for his client, except as to merely formal matters, such as
innocence or in the justice of his cause. the attestation or custody of an instrument and the like, he should leave the trial of
the case to other counsel. Except when essential to the ends justice, a lawyer should
The lawyer owes "entire devotion to the interest of the client, warm zeal in the
avoid testifying in behalf of his client.
maintenance and defense of his rights and the exertion of his utmost learning and
ability," to the end that nothing be taken or be withheld from him, save by the rules 20. Newspaper discussion of pending litigation
of law, legally applied. No fear of judicial disfavor or public popularity should restrain
Newspaper publication by a lawyer as to pending or anticipated litigation may
him from the full discharge of his duty. In the judicial forum the client is entitled to
interfere with a fair trial in the courts and otherwise the due administration of justice.
the benefit of any and every remedy and defense that is authorized by the law of the
Generally, they are to be condemned. If the extreme circumstances of a particular
land, and he may expect his lawyer to assert every such remedy or defense. But it is
case justify a statement to the public, it is unprofessional to make it anonymous. An
steadfastly to be borne in mind that the great trust of the lawyer is to be performed
ex parte reference to the facts should not go beyond quotation from the records and
within and not without the bounds of the law. The office of attorney does not permit,
papers on file in the court; but even in extreme cases it is better to avoid an ex parte
much less does it demand of him for any client, violation of law or any manner of
statement.
fraud or chicanery. He must obey his own conscience and not that of his client.
21. Punctuality and expedition
16. Restraining clients from improprieties
It is the duty of the lawyer not only to his client, but also to the courts and to the
A lawyer should use his best efforts to restrain and to prevent his clients from doing
public to be punctual in attendance, and to be concise and direct in the trial and
those things which the lawyer himself ought not to do, particularly with reference to
disposition of causes.
their conduct towards courts, judicial officers, jurors, witnesses and suitors. If a client
persist in such wrongdoings the lawyer should terminate their relation. 22. Candor and fairness
17. Ill-feelings and personalities between advocates The conduct of the lawyer before the court and with other lawyers should be
characterized by candor and fairness.
Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing
between clients, should not be allowed to influence counsel in their conduct and It is not candid nor fair for the lawyer knowingly to misquote the contents of a paper,
demeanor toward each other or toward suitors in the case. All personalities between the testimony of a witness, the language or the argument of opposing counsel, of the
counsel should be scrupulously avoided. In the trial of a cause it is indecent to allude language of a decision or a textbook; or with knowledge of its invalidity, to cite as
4: Code of Professional Responsibility

authority a decision that has been overruled or a statute that has been repealed, or in should be reduced to writing, but it is dishonorable to avoid performance of an
argument to assert as a fact that which has not been proved, or in those jurisdictions agreement fairly made because it is not reduced to writing, as required by the Rules
where a side has the opening and closing arguments to mislead his opponent by of Court.
concealing or withholding positions in his opening argument upon which his side then
26. Professional advocacy other than before courts
intends to rely.
A lawyer openly, and in his true character may render professional services before
It is unprofessional and dishonorable to deal other than candidly with the facts in
legislative or other bodies, regarding proposed legislation and in advocacy of claims
taking the statements of witnesses, in drawing affidavits and other documents, and in
before departments of government upon the same principles of ethics which justify
the presentation of causes.
his appearance before courts; but it is unprofessional for a lawyer so engaged, to
A lawyer should not offer evidence which he knows the court should reject, in order conceal his attorneyship, or to employ secret personal solicitations, or to use means
to get the same before the jury by arguments for its admissibility, nor should he other than those addressed to reason and understanding, to influence action.
address to the judge arguments upon any points not properly calling for
27. Advertising, direct or indirect
determination by him. Neither should he introduce into an argument, addressed to
the court, remarks or statements intended to influence the bystanders It is unprofessional to solicit professional employment by circulars, advertisements,
through touters, or by personal communications or interviews not warranted by
These and all practices are unprofessional and unworthy of an officer of the law
personal relations. Indirect advertisements for professional employment such as
charged, as is the lawyer, with the duty of aiding in the administration of justice.
furnishing or inspiring newspaper comments, or procuring his photograph to be
23. Attitude towards jury published in connection with causes in which the lawyer has been or is engaged or
concerning the manner of their conduct, the magnitude of the interest involved, the
All attempts to curry favor with juries by fawning flattery or pretended solicitude for
importance of the lawyer's position, and all other like-laudation, offend the traditions
their personal comfort are unprofessional. Suggestions of counsel, looking to the
and lower the tone of our profession and are reprehensible; but the customary use of
comfort or convenience of jurors, and propositions to dispense with arguments,
simple professional cards is not improper.
should be made to the court out of the jury's hearing. A lawyer must never converse
privately with jurors about the case; and both before and during the trial he should Publication in reputable law lists in a manner consistent with the standards of conduct
avoid communicating with them even as to matters foreign to the cause. imposed by those canons of brief biographical and informative data is permissible.
Such data must not be misleading and may include only a statement of the lawyer's
24. Right of lawyer to control the incidents of the trial
name and the names of his professional associates; addresses, telephone numbers,
As to incidental matters pending trial, not affecting the merits of the cause, or cable addresses; branches of the profession practiced; date and place of birth and
working substantial prejudice to the rights of the client, such as forcing the opposite admission to the bar; schools attended; with dates of graduation, degrees and other
lawyer to trial when he is under affliction or bereavement; forcing the trial on a educational distinctions; public or quasi-public offices; posts of honor; legal
particular day to the injury of the opposite lawyer when no harm will result from a authorship; legal teaching positions; memberships and offices in bar associations and
trial at different time; agreeing to an extension of time for signing a bill of exceptions, committees thereof, in legal and scientific societies and legal fraternities; the fact of
cross interrogatories and the like, the lawyer must be allowed to judge. In such references; and, with their written consent, the names of clients regularly
matters no client has a right to demand that his counsel shall be illiberal, or that he represented. A certificate of compliance with the Rules and Standards issued by the
does anything therein repugnant to his own sense of honor and propriety. Special Committee on Law Lists may be treated as evidence that such list is reputable.

25. Taking technical advantage of opposite counsel; agreement with him 28. Stirring up litigation, directly or through agents

A lawyer should not ignore known customs or practice of the bar or of a particular It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare
court, even when the law permits, without giving timely notice to the opposite cases where ties of blood, relationship or trust make it his duty to do so. Stirring up
counsel. As far as possible, important agreements, affecting the rights of clients, strife and litigation is not only unprofessional, but it is indictable at common law. It is
5: Code of Professional Responsibility

disreputable to hunt up defects in titles or other causes of action and inform thereof contest in court for defendants. The responsibility for advising as to questionable
in order to be employed to bring suit or collect judgment, or to breed litigation by defenses is the lawyer's responsibility. He cannot escape it but urging as an excuse
seeking out those with claims for personal injuries or those having any other grounds that he is only following his client's instructions.
of action in order to secure them as clients, or to employ agents or runners for like
32. The lawyer's duty in its last analysis
purposes, or to pay or reward, directly or indirectly, those who bring or influence the
bringing of such cases to his office, or to remunerate policemen, court or prison No client corporate or individual, however, powerful nor any cause, civil or political,
officials, physicians, hospital attaches or others who may succeed under the guise of however important, is entitled to receive nor should any lawyer render any service or
giving disinterested friendly advice, in influencing the criminal, the sick and the advice involving disloyalty to the laws whose ministers we are, or disrespect of the
injured, the ignorant or others, to seek his professional services. A duty to the public judicial office, which we are bound to uphold, or corruption of any person or persons
and to the profession devolves upon every member of the bar having knowledge of exercising a public office or private trust, or deception or betrayal of the public. When
such practices upon the part of any practitioner immediately to inform thereof, to the rendering any such improper service or advice, the lawyer invites and merits stern and
end that the offender may be disbarred. just condemnation. Correspondingly, he advances the honor of his profession and the
best interests of his client when he renders service or gives advice tending to impress
29. Upholding the honor of the profession
upon the client and his undertaking exact compliance with the strictest principles of
Lawyers should expose without fear or favor before the proper tribunal corrupt or moral law. He must also observe and advice his client to observe the statute law,
dishonest conduct in the profession, and should accept without hesitation though until a statute shall have been construed and interpreted by competent
employment against a member of the bar who has wronged his client. The counsel adjudication he is free and is entitled to advise as to its validity and as to what he
upon the trial of a cause in which perjury has been committed owe it to the conscientiously believes to be its just meaning and extent. But above all a lawyer will
profession and to the public to bring the matter to the knowledge of the prosecuting find his highest honor in a deserved reputation for fidelity to private trust and to
authorities. The lawyer should aid in guarding the bar against admission to the public duty, as an honest man and as a patriotic and loyal citizen.
profession of candidates unfit or unqualified because deficient in either moral
33. Partnership - names
character or education. He should strive at all times to uphold the honor and to
maintain the dignity of the profession and to improve not only the law but the Partnerships among lawyers for the practice of their profession are very common and
administration of justice. are not to be condemned. In the formation of partnerships and the use of partnership
names, care should be taken not to violate any law, custom, or rule of court locally
30. Justifiable and unjustifiable litigations
applicable. Where partnerships are formed between lawyers who are not all admitted
The lawyer must decline to conduct a civil cause or to make a defense when convicted to practice in the courts of the state, care should be taken to avoid any misleading
that it is intended merely to harass or to injure the opposite party or to work name or representation which would create a false impression as to the professional
oppression or wrong. But otherwise it is right, and having accepted retainer, it position or privilege of the member not locally admitted.
becomes his duty to insist upon the judgment of the court as to the legal merits of his
In the formation of partnerships for the practice of law no person should be admitted
client's claim. His appearance in court should be deemed equivalent to an assertion
or held out as practitioner or member who is not a member of the legal profession
on his honor that in his opinion his client's case is one proper for judicial
duly authorized to practice, and amenable to professional discipline. In the selection
determination.
and use of a firm name, no false, misleading, assumed or trade name should be used.
31. Responsibility for litigation The continued use of the name of a deceased or former partner, when permissible by
local custom, is not unethical, but care should be taken that no imposition or
No lawyer is obliged to act either as adviser or advocate for every person who may
deception is practiced through this use. When a member of the firm, on becoming a
wish to become his client. He has the right to decline employment.
judge, is precluded from practicing law, his name should not be continued in the firm
Every lawyer upon his own responsibility must decide what employment he will name.
accept as counsel, what causes he will bring into court for plaintiffs, what case he will
6: Code of Professional Responsibility

Partnership between lawyers and members of other professions or non-professional If a lawyer is accused by his client, he is not precluded from disclosing the truth in
persons should not be formed or permitted where any part of the partnership's respect to the accusation. The announced intention of a client to commit a crime is
employment consists of the practice of law. not included within the confidence which he is bound to respect. He may properly
make such disclosure as may be necessary to prevent the act or protect those against
34. Division of fees
whom it is threatened.
No division of fees for legal services is proper, except with another lawyer, based
38. Compensation, commissions and rebates
upon a division of service or responsibility.
A lawyer should accept no compensation, commissions, rebates or other advantages
35. Intermediaries
from others without the knowledge and consent of his client after full disclosure.
The professional services of a lawyer should not be controlled or exploited by any lay
39. Witness
agency, personal or corporate, which intervenes between client and lawyer. A
lawyer's responsibilities and qualifications are individual. He should avoid all relations A lawyer may properly interview any witness or prospective witness for the opposing
which direct the performance of his duties by or in the interest of such intermediary. side in any civil or criminal action without the consent of opposing counsel or party. In
A lawyer's relation to his client should be personal, and his responsibility should be doing so, however, he should scrupulously avoid any suggestion calculated to induce
direct to the client. Charitable societies rendering aid to the indigents are not deemed the witness to suppress or deviate from the truth, or in any degree to affect his free
such intermediaries. and untrammelled conduct when appearing at the trial or on the witness stand.

A lawyer may accept employment from any organization, such as an association, club 40. Newspapers
or trade organization, to render legal services in any matter in which the organization,
A lawyer may with propriety write articles for publications in which he gives
as an entity, is interested, but this employment should not include the rendering of
information upon the law; but he could not accept employment from such publication
legal services to the members of such an organization in respect to their individual
to advice inquiries in respect to their individual rights.
affairs.
41. Discovery of imposition and deception
36. Retirement from judicial position or public employment
When a lawyer discovers that some fraud or deception has been practiced, which was
A lawyer should not accept employment as an advocate in any matter upon the
unjustly imposed upon the court or party, he should endeavor to rectify it; at first by
merits of which he has previously acted in a judicial capacity.
advising his client, and should endeavor to rectify it; at first by advising his client, and
A lawyer, having once held public office or having been in the public employ should if his client refuses to forego the advantage thus unjustly gained, he should promptly
not, after his retirement, accept employment in connection with any matter he has inform the injured person or his counsel, so that they may take appropriate steps.
investigated or passed upon while in such office or employ.
42. Expenses
37. Confidence of a client
A lawyer may not properly agree with a client that the lawyer shall pay or beat the
It is the duty of a lawyer to preserve his client's confidences. This duty outlasts the expense of litigation; he may in good faith advance expenses as a matter of
lawyer's employment and extends as well to his employees; and neither of them convenience, but subject to reimbursement.
should accept employment, which involves or may involve the disclosure or use of
43. Approved law lists
these confidences, either for the private advantages of the client, without his
knowledge and consent, and even though there are other available sources of such It is improper for a lawyer to permit his name to be published in a law list the conduct,
information. A lawyer should not continue employment when he discovers that this management or contents of which are calculated or likely to deceive or injure the
obligation prevents the performance of his full duty to his former or to his new client. public or the profession, or to lower the dignity or standing of the profession.

44. Withdrawal from employment as attorney or counsel


7: Code of Professional Responsibility

The right of an attorney or counsel to withdraw from employment, once assumed, RULE 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or
arises only from good cause. Even the desire or consent of the client is not always at lessening confidence in the legal system.
sufficient. The lawyers should not throw up the unfinished task to the detriment of his
RULE 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit or
client except for reasons of honor or self-respect. If the client insists upon an unjust or
proceeding or delay any man's cause.
immoral course in the conduct of his case, or if he persists over the attorney's
remonstrance in presenting frivolous defenses, or if he deliberately disregards an RULE 1.04 A lawyer shall encourage his clients to avoid, end or settle the controversy
agreement or obligation as to fees or expenses, the lawyer may be warranted in if it will admit of a fair settlement.
withdrawing on due notice to the client, allowing him time to employ another lawyer.
So, also, when a lawyer discovers that his client has no case and the client is CANON 2 — A lawyer shall make his legal services available in an efficient and
determined to continue it; or even if the lawyer finds himself incapable of conducting convenient manner compatible with the independence, integrity and effectiveness of
the case effectively. Sundry other instances may arise in which withdrawal is to be the profession.
justified. Upon withdrawal from a case after a retainer has been paid, the attorney
RULE 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
should refund such part of the retainer as has not been clearly earned.
defenseless or the oppressed.
45. Specialists
RULE 2.02 In such cases, even if the lawyer does not accept a case, he shall not refuse
The canons of the Philippine Bar Association apply to all branches of the legal to render legal advice to the person concerned if only to the extent necessary to
profession; specialist in particular branches are not to be considered as exempt from safeguard the latter's rights.
the application of these principles.
RULE 2.03 A lawyer shall not do or permit to be done any act designed primarily to
46. Notice of specialized legal service solicit legal business.

Where a lawyer is engaged in rendering a specialized legal service directly and only to RULE 2.04 A lawyer shall not charge rates lower than those customarily prescribed
other lawyers, a brief, dignified notice of the fact, couched in language indicating that unless the circumstances so warrant.
it is addressed to lawyers, inserted in legal periodicals and like publications, when it
CANON 3 — A lawyer in making known his legal services shall use only true, honest,
will afford convenient and beneficial information to lawyers desiring to obtain such
fair, dignified and objective information or statements of facts.
service, is not improper.
RULE 3.01 A lawyer shall not use or permit the use of any false, fraudulent,
47. Aiding the unauthorized practice of law
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
No lawyer shall permit his professional services, or his name to be used in aid of, or to regarding his qualifications or legal services.
make possible, the unauthorized practice of law by any lay agency, personal or
RULE 3.02 In the choice of a firm name, no false, misleading or assumed name shall be
corporate.
used. The continued use of the name of a deceased partner is permissible provided
CODE OF PROFESSIONAL RESPONSIBILITY that the firm indicates in all its communications that said partner is deceased.
CHAPTER I
RULE 3.03 Where a partner accepts public office, he shall withdraw from the firm and
The Lawyer and Society
his name shall be dropped from the firm name unless the law allows him to practice
CANON 1 — A lawyer shall uphold the constitution, obey the laws of the land and
law concurrently.
promote respect for law and for legal processes.
RULE 3.04 A lawyer shall not pay or give anything of value to representatives of the
RULE 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
mass media in anticipation of, or in return for, publicity to attract legal business.
conduct.
8: Code of Professional Responsibility

CANON 4 — A lawyer shall participate in the development of the legal system by RULE 8.01 A lawyer shall not, in his professional dealings, use language which is
initiating or supporting efforts in law reform and in the improvement of the abusive, offensive or otherwise improper.
administration of justice.
RULE 8.02 A lawyer shall not, directly or indirectly, encroach upon the professional
CANON 5 — A lawyer shall keep abreast of legal developments, participate in employment of another lawyer; however, it is the right of any lawyer, without fear or
continuing legal education programs, support efforts to achieve high standards in law favor, to give proper advice and assistance to those seeking relief against unfaithful or
schools as well as in the practical training of law students and assist in disseminating neglectful counsel.
information regarding the law and jurisprudence.
CANON 9 — A lawyer shall not, directly or indirectly, assist in the unauthorized
CANON 6 — These canons shall apply to lawyers in government service in the practice of law.
discharge of their official tasks.
RULE 9.01 A lawyer shall not delegate to any unqualified person the performance of
RULE 6.01 The primary duty of a lawyer engaged in public prosecution is not to any task which by law may only be performed by a member of the Bar in good
convict but to see that justice is done. The suppression of facts or the concealment of standing.
witnesses capable of establishing the innocence of the accused is highly reprehensible
RULE 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with
and is cause for disciplinary action.
persons not licensed to practice law, except:
RULE 6.02 A lawyer in the government service shall not use his public position to a) Where there is a pre-existing agreement with a partner or associate that, upon the
promote or advance his private interests nor allow the latter to interfere with his latter's death, money shall be paid over a reasonable period of time to his estate or to
public duties. persons specified in the agreement; or
b) Where a lawyer undertakes to complete unfinished legal business of a deceased
RULE 6.03 A lawyer shall not, after leaving a government service, accept engagement
lawyer; or
or employment in connection with any matter in which he had intervened while in
c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan,
said service.
even if the plan is based in whole or in part, on a profit-sharing arrangement.
CHAPTER II CHAPTER III
The Lawyer and the Legal Profession The Lawyer and the Courts
CANON 7 — A lawyer shall at all times uphold the integrity and dignity of the legal CANON 10 — A lawyer owes candor, fairness and good faith to the court.
profession, and support the activities of the integrated bar.
RULE 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in
RULE 7.01 A lawyer shall be answerable for knowingly making a false statement or Court; nor shall he mislead or allow the Court to be misled by any artifice.
suppressing a material fact, in connection with his application for admission to the
bar. 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
RULE 7.02 A lawyer shall not support the application for admission to the bar of any authority, or knowingly cite as law a provision already rendered inoperative by repeal
person known by him to be unqualified in respect to character, education, or other or amendment or assert as a fact that which has not been proved.
relevant attribute.
RULE 10.03 A lawyer shall observe the rules of procedure and shall not misuse them
RULE 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to to defeat the ends of justice.
practice law, nor shall he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession. 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.
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 11.01 A lawyer shall appear in court properly attired.
9: Code of Professional Responsibility

RULE 11.02 A lawyer shall punctually appear at court hearings. 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
RULE 11.03 A lawyer shall abstain from scandalous, offensive or menacing language or
Court.
behavior before the Courts.
RULE 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
RULE 11.04 A lawyer shall not attribute to a Judge motives not supported by the
seek opportunity for cultivating familiarity with Judges.
record or have no materiality to the case.
RULE 13.02 A lawyer shall not make public statements in the media regarding a
RULE 11.05 A lawyer shall submit grievances against a Judge to the proper authorities
pending case tending to arouse public opinion for or against a party.
only.
RULE 13.03 A lawyer shall not brook nor invite interference by another branch or
CANON 12 — A lawyer shall exert every effort and consider it his duty to assist in the
agency of the government in the normal course of judicial proceedings.
speedy and efficient administration of justice.
CHAPTER IV
RULE 12.01 A lawyer shall not appear for trial unless he has adequately prepared
The Lawyer and the Client
himself on the law and the facts of his case, the evidence he will adduce and the order
CANON 14 — A lawyer shall not refuse his services to the needy.
of its profference. He should also be ready with the original documents for
comparison with the copies. RULE 14.01 A lawyer shall not decline to represent a person solely on account of the
latter's race, sex, creed or status of life, or because of his own opinion regarding the
RULE 12.02 A lawyer shall not file multiple actions arising from the same cause.
guilt of said person.
RULE 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings,
RULE 14.02 A lawyer shall not decline, except for serious and sufficient cause, an
memoranda or briefs, let the period lapse without submitting the same or offering an
appointment as counsel de oficio or as amicus curiae or a request from the Integrated
explanation for his failure to do so.
Bar of the Philippines or any of its chapters for rendition of free legal aid.
RULE 12.04 A lawyer shall not unduly delay a case, impede the execution of a
RULE 14.03 A lawyer may not refuse to accept representation of an indigent client
Judgment or misuse Court processes.
unless:
RULE 12.05 A lawyer shall refrain from talking to his witness during a break or recess a) he is in no position to carry out the work effectively or competently; or
in the trial, while the witness is still under examination. b) he labors under a conflict of interest between him and the prospective client, or
between a present client and the prospective client.
RULE 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another. RULE 14.04 A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying
RULE 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly
clients.
inconvenience him.
CANON 15 — A lawyer shall observe candor, fairness and loyalty in all his dealings and
RULE 12.08 A lawyer shall avoid testifying in behalf of his client, except:
transactions with his client.
a) on formal matters, such as the mailing, authentication or custody of an instrument,
and the like: or RULE 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as
b) on substantial matters, in cases where his testimony is essential to the ends of practicable whether the matter would involve a conflict with another client or his own
justice, in which event he must, during his testimony, entrust the trial of the case to interest, and if so, shall forthwith inform the prospective client.
another counsel.
RULE 15.02 A lawyer shall be bound by the rule on privilege communication in respect
of matters disclosed to him by a prospective client.
10: Code of Professional Responsibility

RULE 15.03 A lawyer shall not represent conflicting interests except by written RULE 18.01 A lawyer shall not undertake a legal service which he knows or should
consent of all concerned given after a full disclosure of the facts. know that he is not qualified to render. However, he may render such service if, with
the consent of his client, he can obtain as collaborating counsel a lawyer who is
RULE 15.04 A lawyer may, with the written consent of all concerned, act as mediator,
competent on the matter.
conciliator or arbitrator in settling disputes.
RULE 18.02 A lawyer shall not handle any legal matter without adequate preparation.
RULE 15.05 A lawyer, when advising his client, shall give a candid and honest opinion
on the merits and probable results of the client's case, neither overstating nor RULE 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his
understating the prospects of the case. negligence in connection therewith shall render him liable.

RULE 15.06 A lawyer shall not state or imply that he is able to influence any public RULE 18.04 A lawyer shall keep the client informed of the status of his case and shall
official, tribunal or legislative body. respond within a reasonable time to the client's request for information.

RULE 15.07 A lawyer shall impress upon his client compliance with the laws and the CANON 19 — A lawyer shall represent his client with zeal within the bounds of the
principles of fairness. law.

RULE 15.08 A lawyer who is engaged in another profession or occupation concurrently RULE 19.01 A lawyer shall employ only fair and honest means to attain the lawful
with the practice of law shall make clear to his client whether he is acting as a lawyer objectives of his client and shall not present, participate in presenting or threaten to
or in another capacity. present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
CANON 16 — A lawyer shall hold in trust all moneys and properties of his client that
may come into his possession. RULE 19.02 A lawyer who has received information that his client has, in the course of
the representation, perpetuated a fraud upon a person or tribunal, shall promptly call
RULE 16.01 A lawyer shall account for all money or property collected or received for
upon the client to rectify the same, and failing which he shall terminate the
or from the client.
relationship with such client in accordance with the Rules of Court.
RULE 16.02 A lawyer shall keep the funds of each client separate and apart from his
RULE 19.03 A lawyer shall not allow his client to dictate the procedure in handling the
own and those of others kept by him.
case.
RULE 16.03 A lawyer shall deliver the funds and property of his client when due or
CANON 20 — A lawyer shall charge only fair and reasonable fees:
upon demand. However, he shall have a lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice RULE 20.01 A lawyer shall be guided by the following factors in determining his fees:
promptly thereafter to his client. He shall also have a lien to the same extent on all a) The time spent and the extent of the services rendered or required;
judgments and executions he has secured for his client as provided for in the Rules of b) The novelty and difficulty of the questions involved;
Court. c) The importance of the subject matter;
d) The skill demanded;
RULE 16.04 A lawyer shall not borrow money from his client unless the client's
e) The probability of losing other employment as a result of acceptance of the
interests are fully protected by the nature of the case or by independent advice.
proffered case;
Neither shall a lawyer lend money to a client except, when in the interest of justice,
f) The customary charges for similar services and the schedule of fees of the IBP
he has to advance necessary expenses in a legal matter he is handling for the client.
chapter to which he belongs;
CANON 17 — A lawyer owes fidelity to the cause of his client and he shall be mindful g) The amount involved in the controversy and the benefits resulting to the client
of the trust and confidence reposed in him. from the service;
h) The contingency or certainty of compensation;
CANON 18 — A lawyer shall serve his client with competence and diligence. i) The character of the employment, whether occasional or established; and
11: Code of Professional Responsibility

j) The professional standing of the lawyer. RULE 21.07 A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.
RULE 20.02 A lawyer shall, in cases of referral, with the consent of the client, be
CANON 22 — A lawyer shall withdraw his services only for good cause and upon
entitled to a division of fees in proportion to the work performed and responsibility
notice appropriate in the circumstances.
assumed.
RULE 22.01 A lawyer may withdraw his services in any of the following cases:
RULE 20.03 A lawyer shall not, without the full knowledge and consent of the client,
a) When the client pursues an illegal or immoral course of conduct in connection with
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance
the matter he is handling;
or other compensation whatsoever related to his professional employment from
anyone other than the client.
b) When the client insists that the lawyer pursue conduct violative of these canons
RULE 20.04 A lawyer shall avoid controversies with clients concerning his and rules;
compensation and shall resort to judicial action only to prevent imposition, injustice c) When his inability to work with co-counsel will not promote the best interest of the
or fraud. client;
d) When the mental or physical condition of the lawyer renders it difficult for him to
CANON 21 — A lawyer shall preserve the confidences or secrets of his client even
carry out the employment effectively;
after the attorney-client relation is terminated.
e) When the client deliberately fails to pay the fees for the services or fails to comply
RULE 21.01 A lawyer shall not reveal the confidences or secrets of his client except: with the retainer agreement;
a) when authorized by the client after acquainting him of the consequences of the f) When the lawyer is elected or appointed to public office; and
disclosure; g) Other similar cases.
b) when required by law;
c) when necessary to collect his fees or to defend himself, his employees or associates RULE 22.02 A lawyer who withdraws or is discharged shall, subject to a retainer lien,
or by judicial action. immediately turn over all papers and property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
RULE 21.02 A lawyer shall not, to the disadvantage of his 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 consents thereto.

RULE 21.03 A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or any similar purpose.

RULE 21.04 A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.

RULE 21.05 A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences or secrets of
the client.

RULE 21.06 A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.

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