LEGAL AND JUDICIAL

ETHICS

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QUESTION
Why is it that a lawyer, in the practice of
his profession, is subjected to certain
standards of the qualification and
behavior, known as canons or rules of
legal ethics, and to the appropriate action
for violating those standards?

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

Practice of Law
Practice of law is not a natural property or
constitutional right but a mere privilege to be
extended or withheld in the exercise of sound
judicial discretion. It is a privilege accorded only to
those who measure up to certain rigid standards
of mental and moral fitness. But the practice of
law is a right in the sense that it cannot be
capriciously taken from a lawyer, without due
process of law.
1.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 2. Practice

of law is a profession, a form of

public trust, the performance of which is entrusted
only to those who are qualified and who possess
good moral character. It is not a business, using
bargain counter methods to reap a large profit.
The gaining of a livelihood is but a secondary
consideration.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

Practice of law generally to engage in the practice of law is to do any of

those acts which are characteristic of the legal profession (Phil.
Lawyers Association v Agrava, 105 Phil. 173).
It embraces any activity in or out of court, which requires the
application of law, legal principle, practice or procedure, and calls for
legal knowledge, training and experience ( Cayetano v. Monsod, 201
SCRA 210).
It is not limited to the conduct of cases in court. It includes legal
advice and counselling, and the preparation of legal documents and
contracts by which legal rights are secured (Ulep v. Legal Clinic, Inc.,
223 SCRA 378

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

Professional standards serve

as the lawyers chart and
compass to resolve difficult
questions of duty and help
minimize ethical delinquencies.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 In 1917, when the Philippine Bar realized

that something more than the oath and
duties of a lawyer was needed to attain
the full measure of public respect to which
legal profession is entitled, it adopted, as
its own, Canons 33 to 47 of the Canons of
Professional Ethics of the American Bar
Association.
ABIGAIL MARIE UMALI HERNANDEZ
UNIVERSITY OF BATANGAS LIPA CITY

 In 1946, it again adopted, as its own,

Canons 33 to 47 of the Canons of
Professional Ethics of the American
Bar Association. For years these
canons served as the ethical rules
and guiding principles in the practice
of law in the country.
ABIGAIL MARIE UMALI HERNANDEZ
UNIVERSITY OF BATANGAS LIPA CITY

 In 1980, a proposed Code of Professional

responsibility, which later submitted to the
Supreme Court for approval. On June 21,
1988, the Supreme Court promulgated the
Code of Professional Responsibility.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 The Code consists of 22 Canons and 77

Rules, which are divided into four (4)
Chapters, namely:
The Law and Society;
The Lawyer and The Legal Profession;
The lawyer and the Courts; and
The Lawyer and The Clients.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 The Code establishes norms of conduct

and ethical standards for all lawyers,
including those in the government service,
to observe in their professional, official
and private capacities

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 The Code is binding upon all lawyers and

failure to live up to any of its provisions is
a ground for disciplinary action.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY

 The faithful observance of the canons and

rules of ethical conduct, demanded of
every lawyer, requires a thorough
understanding of the Code.

ABIGAIL MARIE UMALI HERNANDEZ

UNIVERSITY OF BATANGAS LIPA CITY