LEGAL PROFESSION
MIDTERMS
Barratry - offense of frequently
exciting and stirring up quarrels and
suits, either at law or otherwise;
Lawyer’s act of fomenting suits among
individuals and offering his legal
services to one of them.
Ambulance Chasing
- Definition: A solicitation of almost
any kind of legal business.
- Origin of the term: Act of chasing
ambulance carrying victims of
accidents for the purpose of
talking to the said victims (or
relatives) and offering his legal
services for the filing of a case
against the person(s) who caused
the accident(s).
 Difference between Champertous
Contract and Contingency
Contract
Champertous Contract/Contract of
Champerty
- is one in which a lawyer
undertakes to prosecute the case
and bears all the expenses in
connection therein, without the
right of reimbursement. He will be
paid by way of a portion of the
property of amount that may be
recovered.
- When the attorney and client
agrees to defray all the related
expenses of action (all costs of
litigation, acceptance fee,
attorney’s fee, etc.) in exchange
for a piece of the property or
claim.
- VOID contracts; prohibited by
reason of public policy. Because
the interest of the attorney
usually goes before the interest of
the client.
Contingency Contract
– is one where it will still be depending
on the success of his efforts, but he
does not undertake to shoulder all the
expenses, he may advance such
expenses but always subject to the
right of reimbursement by his client.
– NOT PROHIBITED by law
Mandatory Continuing Legal
Education
Bar Matter No. 850
Persons exempted:
1) Law professors
2) No. of years of experience before
he/she may be subject to
exemption
3) Grounds for exemption
May a public official, elective or
appointive official, practice Law?
- Yes, as long as there is authority
to practice.
May a public official, convicted of a
crime or found liable of a crime in
the performance of his duties as a
public official, may he also be
disbarred by virture of such act?
- Yes, if it is also violative of the
Canons of Code of Professional
Responsibility.
- If it is of such character as to
affect his qualification as a
lawyer.
Unauthorized Practice of Laws
- You shall not encroach upon
others’ work.
 - When you negotiate with the
opposite party who is represented
by a counsel, you should always
deal with the counsel.
- At all times, regardless away or
compromise, if there is a counsel,
it is part of the lawyer’s courtesy
to deal with the counsel, and not
with the client directly.
- EXCEPTION: When there is
consent or authority from the
opposing counsel.
Note: Rule 8.02 – A lawyer shall not,
directly or indirectly, encroach
upon the professional employment
of another lawyer; however, it is
the right of any lawyer without fear
or favor, to give proper advice and
assistance to those seeking relief
against unfaithful or neglectful
counsel.
- A lawyer shall not encroach upon
a professional employment of
another lawyer; never to
negotiate or compromise to a
client with a counsel of his own.
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.
Rule 11.01 – A lawyer shall appear
in court properly attired.
• A lawyer may NOT wear
outlandish or colorful clothing to court.
Otherwise, subject to Contempt of
Court.
• As an officer of the court and in
order to maintain the dignity and
respectability of the legal profession, a
lawyer who appears in court must be
properly attired. Consequently, the
court can hold a lawyer IN CONTEMPT of
court if he does not appear in proper
attire. Any deviation from the
commonly accepted norm of dressing in
court (barong or tie, not both) is enough
to warrant a citing for contempt.
RULE OF CRITICISMS:
- Criticisms of courts must not spill
the walls of decency. There is a
wide difference between fair
criticism and abuse and slander of
courts and judges.
- Intemperate and unfair criticism is
a gross violation of the duty to
respect the courts. It amounts to
misconduct which may subject
the lawyer to disciplinary action.
- You have the right to comment or
criticize but it should be within
the walls of decency. It should not
be slanderous, degrading or
destroy the public confidence in
them; also, in consideration of the
rule of sub judice.
FORUM SHOPPING
- It’s when the party seeks
favorable opinion in another
court; or,
- when he institutes two or more
actions or proceedings grounded
on the same cause on the gamble
that one or the other would make
a favorable disposition. (Benguet
Electric Corp. vs. Flores, 287
SCRA 449, March 12, 1998).
- Improper practice of filing several
actions or petitions in the same or
different tribunals arising from the
same cause and seeking
substantially identical reliefs in
the hope of winning one of them.
Note: Rule 12.02 – A lawyer shall
not file multiple actions arising
from the same cause.
Difference between DIRECT and
INDIRECT CONTEMPT
 - DIRECT contempt – you may held
liable immediately
- INDIRECT contempt – you have
the right to be heard; there may
still be a hearing.
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.
- A lawyer may not talk about a
pending case, otherwise known as
rule on sub judice
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.
Privilege Communication
- Any communication made
between the attorney and the
client; presupposes attorney-
client relationship.
- When does it start? The
moment when the client divulges
information to you (approaches
you) whether there is already a
contract or none.
- It may be expressed (when there
is a legal contract) or implied
(when the client just approaches
you).
- It covers the student practice law
program.
What is your understanding of the
relationship between the
ATTORNEY and the CLIENT?
- FIDUCIARY, CONFIDENTIAL and
PERSONAL
- Based on trust, confidence and is
personal
- In effect, the lawyer must be
mindful of the trust and
confidence of the client posed to
the lawyer. Hence, the attorney-
client privilege.
- How is such relationship
created? It may be created
expressed (when there is a legal
contract) or implied (when the
client just approaches you). It
may also be created when he is
appointed as counsel de officio.
CONFLICT OF INTEREST
Rule 15.03 – A lawyer shall not
represent conflicting interests
except by written consent of all
concerned given after a full
disclosure of the facts.
Rule on Conflicting Interest
It is generally the rule based on
sound public policy that an attorney
cannot represent adverse interest. It is
highly improper to represent both sides
of an issue. The proscription against
representation of conflicting interest
finds application where the conflicting
interest arises with respect to the same
general matter and is applicable
however slight such adverse interest
may be. It applies although the
attorney’s intention and motives were
honest and he acted in good faith.
However, representation of conflicting
interest may be allowed where the
parties consent to the representation
after full disclosure of facts. (Nakpil vs.
Valdez, 286 SCRA 758).
General Rule: An attorney cannot
represent adverse interest.
Exception: Where the parties consent
to the representation after full
disclosure of facts. There must be a
WRITTEN consent after full disclosure fo
facts.
 a. The time spent and the
Available Options in Case of Conflict of extent of the services rendered or
Interest: required.
1) General Rule: Decline, because of b. The novelty and difficulty of
conflict of interest; and/or, the questions involved;
2) Secure the WRITTEN consent after c. The importance of the
full disclosure subject matter;
d. The skill demanded;
The TEST in determining Conflicting e. The probability of losing
Interest: The test is whether or not the other employment as a result of
acceptance of a new relation will acceptance of the proffered case;
prevent an attorney from the full f. The customary charges for
discharge of his duty of individual similar services and the schedule of
fidelity and loyalty to his client or invite fees of the IBP chapter to which he
suspicion of unfaithfulness in double- belongs;
dealing in the performance thereof. g. The amount involved in the
(Tiana vs. Ocampo) controversy and the benefits resulting
to the client from the services;
Quantum Meruit - it means “as much h. The contingency or
as he deserves”, and is used as the certainty of compensation;
basis for determining the lawyer’s i. The character of the
professional fees in the absence of a employment, whether occasional or
contract, but recoverable by him from established; and
his client. j. The professional standing of
the lawyer.
Quantum Meruit is resorted to where:
1. there is no express contract for OBLIGATION TO KEEP SECRETS (in
payment of attorney’s fees agreed upon relation to Privilege Communication)
between the lawyer and the client;
2. when although there is a formal Rule 21.01 – A lawyer shall not
contract for attorney’s fees, the reveal the confidences or secrets of
stipulated fees are found his client except:
unconscionable or unreasonable by the a. When authorized by the
court. client after acquainting him of the
3. When the contract for attorney’s consequences of the disclosure:
fees is void due to purely formal b. When required by law;
matters or defects of execution c. When necessary to
4. When the counsel, for justifiable collect his fees or to defend
cause, was not able to finish the case to himself, his employees or
its conclusion associates or by judicial action.
5. When lawyer and client disregard
the contract for attorney’s fees. General Rule: Obligation to keep
secrets covers only lawful purposes;
Rule 20.01 – A lawyer shall be there’s a privilege communication
guided by the following factors in
determining his fees: Exceptions:
 1. announcements of intention of
a client to commit a crime
2. client jumped bail and lawyer
knows his whereabouts; or client is
living somewhere under an assumed
name
3. communication involves the
commission of future fraud or crime but
crimes/frauds “already committed” falls
within the privilege.
LIABILITIES
1) Civil Liability
2) Criminal Liability
3) Administrative Liability
a. Disbarment – Only the
SUPREME COURT (SC) can
disbar; although the IBP or
SC may initiate the process
of disbarment, but only SC
renders final decision for
disbarment/suspension/dis
missal.
b. Suspension
Quantum of Proof: CLEAR,
CONVINCING & SATISFACTORY evidence
May they be reinstated once
disbarred?
- Yes, but of course with the action
from the Supreme Court.
Question: Is a disbarred lawyer due
to conviction for a crime
automatically reinstated to the
practice of law upon being
pardoned by the President?
- No, to be reinstated there is still a
need for the filing of appropriate
petition with the Supreme Court.
WHEN CAN A LAWYER VALIDLY
WITHDRAW AS COUNSEL?
CANON 22 – A lawyer shall
withdraw his services only for good
cause and upon notice appropriate
in the circumstances.
Rule 22.01 – A lawyer may
withdraw his services in any of the
following cases:
a. When the client pursues
an illegal or immoral course of
conduct in connection with the
matter he is handling;
b. When the client insists
that the lawyer pursue conduct
violative of these canons and rules;
c. When his inability to
work with co-counsel will not
promote the best interest of the
client;
d. When the mental or
physical condition of the lawyer
renders it difficult for him to carry
out the employment effectively;
e. When the client
deliberately fails to pay the fees
for the services or fails to comply
with the retainer agreement;
f. When the lawyer is
elected or appointed to a public
office, and
g. Other similar cases. –
difference in opinion
RULE ON ADVERTISEMENTS
General Rule: No advertisements
allowed. The most worthy and effective
advertisement possible is the
establishment of a well-merited
reputation for professional capacity and
fidelity to trust.
Exceptions/ Permissible
advertisements:
1. Reputable law lists, in a manner
consistent with the standards of
conduct imposed by the canons, of brief
biographical and informative data, are
allowed.
2. Ordinary simple professional
Card. It may contain only a statement of
his name, the name of the law firm
which he is connected with, address,
telephone number and the special
branch of law practiced.
3. A simple announcement of the
opening of a law firm or of changes in
the partnership, associates, firm name
or office address, being for the
convenience of the profession, is not
objectionable.
4. Advertisements or simple
announcement of the existence of a
lawyer or his law firm posted anywhere
it is proper such as his place of business
or residence except courtrooms and
government buildings.
5. Advertisements or announcement
in any legal publication, including
books, journals, and legal magazines.
Counsel de officio
- General Rule: One cannot refuse
appointment as counsel de officio;
- Exception: if conflict of interest,
physically incapable to do it, etc.
- Territorial jurisdiction or being
semi-retired IS NOT valid excuse
for refusing the appointment
Mandatory Continuing Legal
Education
Bar Matter No. 850
Persons exempted:
1) Law professors
2) No. of years of experience before
he/she may be subject to
exemption
3) Grounds for exemption
Section 1. Parties exempted from
the MCLE
The following members of the Bar are
exempt from the MCLE requirement:
(a) The President and the Vice President
of the Philippines, and the Secretaries
and Undersecretaries of Executives
Departments;
(b) Senators and Members of the House
of Representatives;
(c) The Chief Justice and Associate
Justices of the Supreme Court,
incumbent and retired members of the
judiciary, incumbent members of the
Judicial and Bar Council and incumbent
court lawyers covered by the Philippine
Judicial Academy program of continuing
judicial education;
(d) The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of
the Department of Justice;
(e) The Solicitor General and the
Assistant Solicitor General;
(f) The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Counsel;
(g) The Chairmen and Members of the
Constitutional Commissions;
(h) The Ombudsman, the Overall
Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor
of the Office of the Ombudsman;
(i) Heads of government agencies
exercising quasi-judicial functions;
(j) Incumbent deans, bar reviews and
professors of law who have teaching
experience for at least 10 years
accredited law schools;
(k) The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professorial Lectures of the Philippine
Judicial Academy; and

(l) Governors and Mayors.

Section 2. Other parties exempted

from the MCLE

The following Members of the Bar are

likewise exempt:

(a) Those who are not in law practice,

private or public.

(b) Those who have retired from law

practice with the approval of the IBP
Board of Governors.

Section 3. Good cause for

exemption from or modification of
requirement

A member may file a verified request

setting forth good cause for exemption
(such as physical disability, illness, post
graduate study abroad, proven
expertise in law, etc.) from compliance
with or modification of any of the
requirements, including an extension of
time for compliance, in accordance with
a procedure to be established by the
MCLE Committee.