Ma. Helen Daniela| Carl Marx Fernandez| Jovito Zamora
Chapter II. The Lawyer and The Legal Profession CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY
AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. • Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. • Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. • Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. • Title Problem Canon/s Penalty Area/s Violated Imposed SAMALA v. ATTY. Rule 7.03 - A lawyer shall Atty. Palana was Whether or not Atty. PALANA not engage in conduct that suspended from the Palana has violated Rule adversely reflects on his (A.C. No. 6595, April 15, 7.03 of Canon 7 of the practice of law for a fitness to practice law, nor 2005) Code of Professional period of three years, shall he whether in public Responsibility. or private life, behave in a with warning that a scandalous manner to the repetition of the same discredit of the legal or similar acts will be profession. dealt with more severely. Title Problem Canon/s Penalty Area/s Violated Imposed LEDA v. ATTY. Rule 7.03 - A lawyer shall Atty. Tabang was Whether or not Atty. TABANG not engage in conduct that suspended from the Trebonian Tabang adversely reflects on his practice of law until further (A.C. No. 2505, violated Rule 7.01 of fitness to practice law, nor notice February 21, 1992) Canon 7 of the Code of shall he whether in public Professional or private life, behave in a Responsibility. scandalous manner to the discredit of the legal profession. CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. • Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. • 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. • Title Problem Canon/s Penalty Area/s Violated Imposed ATTY. REYES v. ATTY. Rule 8.02 - A lawyer shall Atty. Chiong was Whether or not Atty. CHIONG JR. not, directly or indirectly, suspended from the Chiong has violated encroach upon the (A.C. No. 5148, July 1, Rule 8.02 of Canon 8 of practice of law for a professional employment 2003) the Code of period of two years. of another lawyer, however, Professional it is the right of any lawyer, Responsibility. without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Title Problem Canon/s Penalty Area/s Violated Imposed CLEMENTE Rule 8.02 - A lawyer shall Atty. Soriano was Whether or not Atty. SORIANO not, directly or indirectly, suspended from the Soriano is guilty of encroach upon the (G.R. NO. L-24114 negligence in the practice of law for a professional employment 06/30/1970) performance of his period of two years and of another lawyer, however, duties as a lawyer and as it is the right of any lawyer, to forthwith withdraw an officer of the court without fear or favor, to the appearance that he and if he has violated give proper advice and has entered as chief Rule 8.02 of Canon 8 of assistance to those seeking counsel of record for relief against unfaithful or the Respondents the Code of neglectful counsel. Marcelino Tiburcio, et Professional Responsibility. al. Title Problem Canon/s Penalty Area/s Violated Imposed ALCANTARA vs. Whether or not Atty. Canon 8 – A Lawyer shall Atty. Soriano was PEFIANCO Pefianco violated Canon 8 conduct himself with suspended from the [A.C. No. 5398. of the Code of Professional courtesy, fairness and practice of law for a December 3, 2002] Responsibility. candor toward his period of two years and professional colleagues, to forthwith withdraw and shall avoid harassing the appearance that he tactics against the opposing counsel. has entered as chief counsel of record for the Respondents Marcelino Tiburcio, et al. Title Problem Canon/s Penalty Area/s Violated Imposed ATTY. BARANDON, JR Whether or not Atty. Rule 8.01 - A lawyer shall not,On October 10, 2001 the IBP v. ATTY. FERRER, SR. Pefianco violated Canon 8.01 in his professional dealings, investigation commissioner use language which is recommended the (A.C. No. 5768, March 26, and 7.03 of the Code of Professional Responsibility. abusive, offensive or suspension of respondent for 2010) two (2) years because they otherwise improper. have found enough evidence Rule 7.03 - A lawyer shall not to prove his violation of engage in conduct that Canon 8.01 and 7.03 of the adversely reflects on his Code of Professional fitness to practice law, nor Responsibility. On June 29, shall he whether in public or 2002 the IBP board of private life, behave in a governors accepted the scandalous manner to the recommendations of the discredit of the legal investigation commissioner profession. with the reduction of one (1) year from the suspension. CANON 9
A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN
THE UNAUTHORIZED PRACTICE OF LAW. • Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. • Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: • (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or • (b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or • (c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. • Title Problem Canon/s Penalty Area/s Violated Imposed CAMBALIZA v. ATTY. Whether or not Atty. Canon 9 – A lawyer shall Atty. Tenorio was CRISTAL-TENORIO Tenorio violated Canon 9 not directly or indirectly suspended from the and Rule 9.01 of the Code assist in the unauthorized practice of law for a period (A.C. No. 6290, July 14, of Professional practice of law. of six (6) months with a 2004) warning that a repetition of Responsibility. Rule 9.01 - A lawyer shall the same or similar act in not delegate to any the future will be dealt with unqualified person the more severely. performance of any task which by law may only be performed by a member of the bar in good standing. Title Problem Canon/s Penalty Area/s Violated Imposed Canon 9 – A lawyer shall After a careful Whether or not Atty. PLUS BUILDERS, not directly or indirectly consideration of herein Revilla is guilty of assist in the unauthorized respondent’s motion for INC. & GARCIA v. violating Canon 9 and practice of law. reconsideration and ATTY. REVILLA, JR. Rule 9.01 of the Code of humble acknowledgment (A.C. No. 7056, Professional Rule 9.01 - A lawyer shall of his misfeasance, the February 11, 2009) Responsibility. not delegate to any Court was persuaded to unqualified person the extend a degree of leniency performance of any task towards the respondent by which by law may only be reducing his suspension performed by a member of period from two years to six the bar in good standing. months.