178069957 Legal Ethics Reviewer San Beda

8/18/2019 178069957 Legal Ethics Reviewer San Beda

1/36

San Beda College of Law1

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESI. LEGAL ETHICS

PRELIMINARY MATTERS

Legal Et!"# – branch of moral science whichtreats of the duties which an attorney owes to thecourt, to his client, to his colleagues in the

profession and to the public.- It is the embodiment of all principles of morality and renement that should govern theconduct of every member of the bar.

PRIMARY CHARACTERISTICS $HICH

DISTING%ISH THE LEGAL PRO&ESSION &ROM

B%SINESS

1. A duty of public service2. A relation, as an o!cer of the court", to

the administration of #ustice involvingthorough sincerity, integrity and reliability

$. A relation to clients with the highestdegree of duciary

%. A relation to the colleagues at the barcharacteri&ed by candor, fairness andunwillingness to resort to current businessmethods of advertising and encroachmenton their practice, or dealing directly withtheir clients.

PRACTICE O& LA$

CASE' Any activity in or out of court whichre'uires the application of law, legal principle,practice or procedure and calls for legal(nowledge, training and e)perience. (Cayetano vsMonsod, 201 SCRA 210)

*trictly spea(ing, the word practice of lawimplies the customary or habitual holding of oneself to the public as a lawyer and demandingcompensation for his services. [People vs.Villanueva 14 SCRA 111]

ESSENTIAL CRITERIA DETERMINATI(E O&ENGAGING IN THE PRACTICE O& LA$' )HACA*

1. Ha+!t,al!t-- implies customarily orhabitually holding oneself out to thepublic as a lawyer

2. Co/en#at!on- implies that one musthave presented himself to be in the activepractice and that his professional servicesare available to the public for

compensation, as a source of hislivelihood or in consideration of his saidservices.

0. A//l!"at!on of law legal /2!n"!/le/2a"t!"e o2 /2o"ed,2e which calls forlegal (nowledge, training and e)perience

3. Atto2ne- 4 "l!ent 2elat!on#!/

PRI(ATE PRACTICE+rivate practice is more than an isolated

appearance for it consists of fre'uent or customaryactions, a succession of acts of the same (ind.

NOTE' An isolated appearance does notamount to practice of law of a public o!cer if allowed by his superior in e)ceptional cases.

NOTE' he practice of law is not a natural,property or constitutional right but a e2e

/2!5!lege. It is not a right granted to any one whodemands it but a privilege to be e)tended orwithheld in the e)ercise of sound #udicial discretion.It is in the nature of a franchise conferred only formerit which must be earned by hard study,

learning and good conduct. It is a privilegeaccorded only to those who measure up to certainrigid standards of mental and moral tness. hosestandards are neither dispensed with nor loweredafter admission. he attorneys continueden#oyment of the privilege conferred depends uponhis complying with the ethics and rules of $$$theprofession.

ut practice of law is in the nat,2e of a2!gt. /hile the practice of law is a privilege, alawyer cannot be prevented from practicing lawe)cept for valid reasons, the practice of law notbeing a matter of states grace or favor. 0e holdso!ce during good behavior and can only bedeprived of it for misconduct ascertained anddeclared by #udgment of the *upreme ourt after

opportunity to be heard has been aorded him. he state cannot e)clude an attorney from thepractice of law in a manner or for reasons thatcontravene the due process or e'ual protectionclause of the onstitution.

PO$ER TO REG%LATE THE PRACTICE O& LA$

CASES' he onstitution [At. V!!!, Se". #(#)]vests this power of control and regulation in theS,/2ee Co,2t. he constitutional power toadmit candidates to the legal profession is a #udicial function and involves the e)ercise of discretion. +etition to that end is led with the*upreme ourt as are other proceedings invo(ing #udicial function [!n e$ Al%a"en &1 SCRA #'2]

he * acts through a ar 3)aminationommittee in the e)ercise of its #udicial function toadmit candidates to the legal profession. hus, theommittee is composed of a member of the ourtwho acts as hairman and 4 members of the barwho acts as e)aminers in the 4 bar sub#ects withone sub#ect assigned to each. [!n e anuevo, ''SCRA 24#] he power of the * to regulate the practice of law includes the authority to5

1. 6ene the term2. +rescribe the 'ualications of a candidate

to and the sub#ects of the bare)aminations

$. 6ecide who will be admitted to practice%. 6iscipline, suspend or disbar any unt and

unworthy member of the bar7. 8einstate any disbarred or indenitely

suspended attorney9. :rdain the integration of the +hilippine

ar;. +unish for contempt any person for

unauthori&ed practice of law4. 3)ercise overall supervision of the legal

professionA? @: pass a law that will control the* in the performance of its function to decide who

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE 0AI8+38*:@5 ac(ie =ou autista A**I*A@ 0AI8+38*:@5 atherine ane Banilla *C3 03A6*5 >a. 8icasion ugadiD=egal 3thicsE, >ary /endy 6uranD+ractical 3)ercisesE 36+5 8aphy 3spiritu >3>38*5 ohn 6ale alinan, >alou arrios,atherine ool-@uFe&, >elanie aparas, Gristian ristobal, 8emegio 6ayandayan, r., Herald dela ru&, 6onna 6umpit, 8oselle Hayona, 8hea >angubat, oyce >arie >ar'ue&, 8owena >utia, >aan *alada, >elamy *alvadora, Bin-Gristine Bentura


2/36

6 2005 CENTRALIZED B AR OPERATIONS

may en#oy the privilege of practicing law and anylaw of that (ind is unconstitutional as an invalide)ercise of legislative power.

$HO MAY PRACTICE LA$7

Any person heretofore duly admitted as amember of the bar, or hereafter admitted as suchin accordance with the provisions of this rule, andwho is in good and regular standing, is entitled topractice law. [Se". 1, Rule 1&]

RE8%IREMENTS BE&ORE A CANDIDATE CAN

ENGAGE IN THE PRACTICE O& LA$

I. 0e must have been admitted to the ar

a. urnishing satisfactory proof of educational, moral and other 'ualicationJ

b. +assing the barc. a(ing the =awyers :ath before the *

A lawyers oath signies that the

lawyer in ta(ing such an oath accepts anda!rms his ethical obligations in theperformance of his duties as a lawyer andsignies li(ewise his awareness of hisresponsibilities that he assumes by hisadmission to the legal profession.

d. *igning the Attorneys 8oll and receivingfrom the ler( of ourt of the * aerticate of the license to practice

II. After his admission to the bar, a lawyer mustremain in good and regular standing, which is acontinuing re'uirement for the practice of law. 0emust5

a. 8emain a member of the I+ Dmembershiptherein by every attorney is madecompulsoryEJ

+. 8egularly pay all I+ membership duesand other lawful assessments, as well asthe annual privilege ta)J

c. aithfully observe the rules and ethics of the legal professionJ and

d. e continually sub#ect to #udicialdisciplinary control.

BASIC RE8%IREMENTS &OR ADMISSION TO

THE BAR

Cnder *ection 2, 7 and 9, 8ule 1$4, the applicant

must be5

1. iti&en of the +hilippinesJ2. At least 21 years of ageJ

$. :f good moral characterJ(Note: his is a continuing re'uirement.E

%. 8esident of the +hilippinesJ7. >ust produce before the * satisfactory

evidence of good moral characterJ9. @o charges against him, involving moral

turpitude, have been led or are pendingin any court in the +hil. [Se". 2, Rule1&]J

;. >ust have complied with the academicre'uirementsJ

4. +ass the bar e)aminations.

Mo2al T,2/!t,de – imports an act of baseness,vileness or depravity in the duties which oneperson owes to another or to society in general

which is contrary to the usually accepted andcustomary rule of right and duty which a personshould follow.

ACADEMIC RE8%IREMENTS &OR THECANDIDATES

1. >ust have already earned a achelors6egree in Arts or *ciences D+re-lawE

2. =aw ourse – completed courses in ivil=aw, ommercial =aw, 8emedial =aw,riminal =aw, +ublic and International=aw, +olitical =aw, =abor and *ocial=egislation, >edical urisprudence, a)ation, =egal 3thics. [Se". # and ', Rule1&]

APPEARANCE O& NON9LA$YER IN CO%RT

MAY A NON9LA$YER APPEAR IN CO%RT7

General Rule$ :nly those who are licensed to

practice law can appear and handle cases in court.

Exceptions:

1. Befo2e te MTC - a party may conduct hiscase or litigation in person with the aid of anagent or friend appointed by him. [Se". &4,Rule 1&]

6. Befo2e an- "o,2t – a party may conduct hislitigation personally. ut he gets someone toaid him and that someone must be anauthori&ed member of the ar [Se". &4, Rule1&]. 0e is bound by the same rules inconducting the trial of his case. 0e cannot,after #udgment, claim that he was not properlyrepresented.

0. In a "2!!nal "a#e +efo2e te MTC – in alocality where a duly licensed member of the

ar is not available, the #udge may appoint anon-lawyer who is a resident of that province,of good repute for probity and ability to theaccused in his defense. [Se". *, Rule 11']

3. St,dent P2a"t!"e R,le 9 A law student whohas successfully completed his $rd year of theregular %-year prescribed law curriculum and isenrolled in a recogni&ed law schools "l!n!"allegal ed,"at!on /2og2a approved by the* – may appear without compensation in anycivil, criminal or administrative case beforeany trial court, tribunal, board or o!cer, torepresent indigent clients accepted by the=egal linic of the school. [Se". 1, Rule 1&+A] he student shall be under the directsupervision and control of a member of the I+

duly accredited by the law school. [Se". 2]#. %nde2 te La+o2 Code – non-lawyers mayappear before the @=8 or any =abor Arbiter if they DaE represent themselvesJ DbE representtheir organi&ation or members thereof [At.222, P 442]

'. A non-lawyer may represent a claimant beforethe Cada#t2al Co,2t [Se". -, A"t. o. 22#-]

*. Any person appointed to appear for thegovernment of the +hilippines !n a""o2dan"ew!t law [Se". &&, Rule 1&]

LIMITATIONS ON APPEARANCE O& NON9

LA$YERS BE&ORE THE CO%RTS

1. 0e should conne his wor( to non-adversary contentions. 0e should not

6::; CENTRALI Driminal =awE, Ga2n- L,!#a Aleg2e Dommercial =awE, =!n?- Ann %- D8emedial =awE,

=a"?!e Lo, Ba,t!#ta D=egal 3thicsE


3/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESunderta(e purely legal wor(, such as thee)amination or cross-e)amination of witnesses, or the presentation of evidence.

2. *ervices should not be habituallyrendered.

&. *hould not charge or collect attorneys

fees. [PA/ vs. inala3an !saelaSu3a Co. 42 SCRA &02]

RIGHT O& PARTY TO REPRESENT HIMSEL&C!5!l Ca#e#' An individual litigant has the right toconduct his litigation personally.C2!!nal Ca#e#' Involving grave and less graveoenses, an accused who is a layman must alwaysappear by counselJ he A@@: conduct his owndefense, as his right to counsel may @: bewaived without violating his right to due process of law.B- a =,2!d!"al Pe2#on' A #uridical person mustalways appear in court by a duly licensed memberof the bar, e)cept in the municipal trial court whereit may be represented by its agent or o!cer who

need not be a lawyer.

PARTNERSHIP $ITH NON9LA$YERS (OIDIn the formation of partnership for the practice

of law, no person should be admitted or held out asa practitioner or member who is not a member of the legal profession duly authori&ed to practice,and amenable to professional discipline.

PRACTICE BY CORPORATIONIt is well settled that a corporation

CANNOT engage in the practice of law. It may,however, hire an attorney to attend to and conductits own legal business or aairs. ut it cannotpractice law directly or indirectly by employing a

lawyer to practice for it or to appear for others forits benet.Reasons:

1. @ature of the privilege and on the condentialand trust relation between attorney andclient.

2. A corporation cannot perform the conditionsre'uired for membership in the bar, such asthe possession of good moral character andother special dis'ualications, the ta(ing of an oath and becoming an o!cer of the court,sub#ect to its discipline, suspension orremoval.

$. he relation of trust and condence cannotarise where the attorney is employed by acorporation to practice for it, his employerand he owing, at best, a secondary anddivided loyalty to the clientele of hiscorporate employer.

%. he intervention of the corporation isdestructive of that condential and trustrelation and is obno)ious to the law.

PERSONS A%THORIembers of the 0ouse of8epresentatives

2. >embers of the *anggunian$. 8etired ustice or udge4. ivil *ervice o!cers or employees without

permit from their respective departmentheads [oie3a vs. Sison 12# SCRA 2-&]

RESTRICTIONS IN THE PRACTICE O& LA$ O&

MEMBERS O& LEGISLAT%RE

CASES' A lawyer-member of the legislature isonly prohibited from appearing as counsel beforeany court of #ustice, electoral tribunals or 'uasi- #udicial and administrative bodies. he word

appearance" includes not only arguing a casebefore any such body but also ling a pleading onbehalf of a client as by simply ling a formalmotion, plea or answer". [Ra%os vs. Manala" -Pil 2*0]

@either can he allow his name to appearin such pleading by itself or as part of a rm nameunder the signature of another 'ualied lawyerbecause the signature of an agent amounts tosigning of a non-'ualied senator or congressman,the o!ce of an attorney being originally of agency,and because he will, by such act, be appearing incourt or 'uasi-#udicial or administrative body inviolation of the constitutional restriction. 0ecannot do indirectly what the onstitution prohibitsdirectly". [!n e$ avid -& P5! 4'1]

RESTRICTIONS IN THE PRACTICE O& LA$ O&

THE MEMBERS O& THE SANGG%NIAN

hey shall not51. Appear as counsel before any court in any

civil case wherein a local government unitor any o!ce, agency or instrumentality of the government is the adverse partyJ

2. Appear as counsel in any criminal casewherein an o!cer or employee of thenational or local government is accused of an oense committed in relation to hiso!ceJ

&. ollect any fee for their appearance inadministrative proceedings involving the

local government unit of which he is ano!cial. [Se". -0, R.A. *1'0]



4/36


%. Cse property and personnel of thegovernment e)cept when the *anggunianmember concerned is defending theinterest of the government

RESTRICTIONS IN THE PRACTICE O& LA$ O&RETIRED =%STICE@=%DGE

As a condition of the pension provided underR.A. -10, no retiring #ustice or #udge of a court of record or city or municipality #udge during the timethat he is receiving said pension shall5Appear as counsel before any court in5

a. Any civil case wherein the governmentor any subdivision or instrumentalitythereof is the adverse partyJ

b. Any criminal case wherein an o!cer oran employee of the government isaccused of an oense committed inrelation to his o!ce.

2. ollect any fees for his appearance in anyadministrative proceedings to maintain aninterest adverse to the government,provincial or municipal, or to any of its legallyconstituted o!cers [Se" 1, RA -10].

REMEDIES AGAINST %NA%THORI


5/36

San Beda College of Law;

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESROLE O& PRI(ATE PROSEC%TOR

A private prosecutor may intervene in theprosecution of a criminal action when the oendedparty is entitled to indemnity and has not waivede)pressly, reserved or instituted the civil action fordamages. 0e may prosecute the accused up to theend of the trial even in the absence of the public

prosecutor if authori&ed by the chief of theprosecution o!ce or the 8egional *tate +rosecutorsub#ect to the approval of the court D*ec. 7, 8ule11KJ 8ules of ourt dated >ay 1, 2KK2E.

THE LA$YERS OATH

I, LLLLLLLLLLLL, do solemnly swear that Iwill maintain allegiance to the 8epublic of the+hilippinesJ I will support its onstitution and obeythe laws as well as the legal orders of the dulyconstituted authorities thereinJ I will do nofalsehood, nor consent to the doing of any in courtJI will not wittingly or willingly promote or sue anygroundless, false or unlawful suit, nor give aid nor

consent to the sameJ I will delay no man for moneyor malice and will conduct myself as a lawyeraccording to the best of my (nowledge anddiscretion with all good delity as well to the courtsas to my clientsJ and I impose upon myself thisvoluntary obligation without any mentalreservation or purpose of evasion. *o help meHod.

NOTARY P%BLIC

A person appointed by the court whoseduty is to attest to the genuineness of any deed orwriting inorder to render them available asevidence of facts stated therein and who is

authori&ed by the statute to administer variousoaths.

A.#. No. 02$!$1$SC: Rules on Notarial %ractice o& 200'D Au3ust 1, 2004)

8%ALI&ICATIONS O& A NOTARY P%BLIC1. >ust be citi&en of the +hilippines2. >ust be over twenty-one D21E years of age$. >ust be a resident in the +hilippines for at

least one D1E year and maintains a regularplace of wor( or business in the city orprovince where the commission is to beissued

%. >ust be a member of the +hilippine ar ingood standing with clearances from the:!ce of the ar ondant of the *upremeourt and the Integrated ar of the+hilippines

7. >ust not have been convicted in the rstinstance of any crime involving moralturpitude D8ule III, *ection 1E

=%RISDICTION AND TERMA notary public may perform notarial acts

in any place within the territorial #urisdiction of the commissioning court for a period of two D2Eyears commencing on the 1st day of anuary of the year in which the commissioning is made%NLESS earlier revo(ed or the notary publichas resigned according to these 8ules and the8ules of ourt D8ule III, *ection 11E.

PO$ERS AND LIMITATIONS O& NOTARIESP%BLIC

PO$ERS A notary public is empowered to do

the following acts5 )=AOSAC*

1. Ac(nowledgmentsJ2. Oaths and a!rmationsJ

$. =uratsJ%. Signature witnessingsJ7. Copy certicationsJ and9. Any other act authori&ed by these

8ules. A notary public is authori&ed to certify

the a!)ing of a signature by thumb or othermar( on an instrument or document presentedfor notari&ation if5

1. he thumb or other mar( is a!)ed inthe presence of the notary public andof two D2E disinterested andunaected witnesses to theinstrument or documentJ

2. oth witnesses sign their own namesin addition to the thumb or othermar(J

$. he notary public writes below thethumb or other mar(5 humb or:ther >ar( a!)ed by Dname of signatory by mar(E in the presence of Dnames and addresses of witnessesEand undersigned notary public", and

%. he notary public notari&es thesignature by thumb or other mar(through an ac(nowledgment, #urat orsignature witnessing.

A notary public is authori&ed to signon behalf of a person who is physically unableto sign or ma(e a mar( on an instrument ordocument if5

1. he notary public is directed by theperson unable to sign or ma(e a mar(to sign on his behalfJ

2. he signature of the notary public isa!)ed in the presence of two D2Edisinterested and unaectedwitnesses to the instrument ordocumentJ

$. oth witnesses sign their own namesJ%. he notary public writes below his

signature5 *ignature a!)ed bynotary in the presence of Dnames andaddresses of person and two D2EwitnessesE", and

#. he notary public notari&es hissignature by ac(nowledgment or #urat

D8ule IB, *ection 1).

PROHIBITIONS6eneal Rule$ A notary public shall not perform a

notarial act outside his regular place of wor( or

business.

78"eptions$ A notarial act may be performed at

the re'uest of the parties in the following sites

located within his territorial #urisdiction5

a. +ublic o!ces, convention halls and similarplaces where oaths of o!ce may beadministeredJ

b. +ublic function areas in hotels and similarplaces for the signing of instruments ordocuments re'uiring notari&ationJ

c. 0ospitals and medical institutions where aparty to the instrument or document isconned for treatmentJ and



6/36

2005 CENTRALIZED B AR OPERATIONS

d. Any place where a party to the instrumentor document re'uiring notari&ation isunder detention.

A person shall notperform a notarial act if5

1. the person involved as signatory tothe instrument or document-a. Is not in the notarys presence at

the time of the notari&ationJ andb. Is not personally (nown to the

notary public or otherwiseidentied by the notary publicthrough competent evidence of identity as dened by these8ules D8ule IB, *ection 2E.

2. the certicate containing aninformation (nown or believed to befalseJ and

$. he shall not a!) an o!cial signatureor seal on a notarial certicate that isincomplete (Rule !V, Se"tion #).

DIS8%ALI&ICATIONSA notary public is dis'ualied from performing anotarial if he5

1E Is a party to the instrument or documentJ2E /ill receive, as a direct or indirect result

any commission, fee, advantage, right,title, interest, cash, property, or otherconsideration, e)cept as provided that isto be notari&edJ

$E Is a spouse, common-law partner,ancestor, descendant, or relative bya!nity or consanguinity of the principalwithin the fourth civil degree D8ule IB,*ection $E.

$en nota2- /,+l!" a- 2ef,#e to nota2!>e

e5en !f a//2o/2!ate fee !# tende2ed'1E /hen the notary (nows or has goodreason to believe that the notarial act ortransaction is unlawful or immoral.

2E /hen the signatory shows ademeanor which engenders in the mind of the notary public reasonable doubt as tothe formers (nowledge of theconse'uences of the transaction re'uiringa notarial act.

$E If in the notarys #udgment, thesignatory is not acting in hisMher own freewill D8ule IB, *ection %E.

%E If the document or instrument to benotari&ed is considered as an improperdocument by these 8ules.

NOTE' A blan( or incomplete instrument ordocument OR an instrument or document withoutappropriate notarial certication is considered anImproper InstrumentM6ocument D8ule IB, *ection9E.

NOTARIAL CERTI&ICATESontents of the oncluding part of the @otarialerticate5

1E he name of the notary public as e)actlyindicated in the commissionJ

2E he serial number of the commission of the notary publicJ

$E he words @otary +ublic" and theprovince or city where the notary public is

commissioned, the e)piration date of thecommission and the o!ce address of thenotary publicJ and

%E he 8oll of Attorneys number, the+rofessional a) 8eceipt number and theplace and date of issuance thereof andthe I+ >embership number D8ule BIII,*ection 2E.

RE(OCATION O& COMMISSION he 3)ecutive udge shall revo(e a commission

for any ground on which an application for acommission may be denied.

In addition, the 3)ecutive udge may revo(ethe commission of or impose sanctions upon anynotary public who5

1E ails to (eep a notarial registerJ2E ails to ma(e the appropriate entry

or entries in his notarial registerconcerning his notarial actsJ

$E ails to send the copy of the entriesto the 3)ecutive udge within the rst tenD1KE days of the month followingJ

%E ails to a!) to ac(nowledgments thedate of e)piration of his commissionJ

7E ails to submit his notarial register,when lled, to the 3)ecutive udgeJ

9E ails to ma(e his report, within areasonable time, to the 3)ecutive udgeconcerning the performance of his duties,as may be re'uired by the udgeJ

;E ails to re'uire the presence of theprincipal at the time of the notarial actJ

4E ails to identify a principal on thebasis of personal (nowledge or competentevidenceJ

a2 D:ver-all Bice hairE, Yolanda Tolent!noDB-AcadsE, enn!fe2 AngDB- *ecretariatE, =o- Ind,"t!5o DB-inanceE, Ela!ne Ma#,?at DB-36+E, Anna Ma2ga2!ta E2e# DB-=ogisticsE. =onatan

Mang,nda-ao D+olitical =awE, &2an"!# Bened!"t Reot,ta2 D=abor =awE, Ro,ald Pad!lla Divil =awE, Ca2a!ne To22e#Da)ation =awE, Ma2? Da5!d Ma2t!ne> Driminal =awE, Ga2n- L,!#a Aleg2e Dommercial =awE, =!n?- Ann %- D8emedial =awE,



7/36

San Beda College of Law

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESmatters of law or facts which might otherwise

escape its notice and in regard to which it

might go wrong. An amicus curiae appears in

court not to represent any particular party but

only to assist the court.

A!",# C,2!ae /a2 eF"ellen"e 4 bar associationswho appear in court as amici curiae or friendsof the court. Acts merely as a consultant toguide the court in a doubtful 'uestion or issuepending before it.

Atto2ne- ad o"9 a person named appointed by

the court to defend an absentee defendant in

the suit in which the appointment is made.

Atto2ne-#9At9Law 4 that class of persons who arelicensed o!cers of the courts empowered toappear, prosecute and defend, and uponwhom peculiar duties, responsibilities andliabilities are developed by law as aconse'uence.

Atto2ne- !n fa"t9 simply an agent whose

authority is strictly limited by the instrument

appointing him. 0is authority is provided in a

special power of attorney or general power of

attorney or letter of attorney. 0e is not

necessarily a lawyer.

Atto2ne- of 2e"o2d9 the attorney whose name isentered in the records of an action or suit as thelawyer of a designated party thereto.

Ba2 and Ben" 4 ar" refers to the whole body of attorneys and counselors collectively, the

members of the legal profession5 ench"denotes the whole body of #udges.Ba2 A##o"!at!on 4 an association of members of

the legal profession li(e the I+ wheremembership is integrated or compulsory.

Cl!ent 4 one who engages the services of a lawyerfor legal advice or for purposes of prosecutingor defending a suit in behalf and usually for afee.

Co,n#el@Atto2ne- de o"!o 4 an attorneyappointed by the court to defend an indigentdefendant in a criminal action.

In a criminal action, if the defendantappears without an attorney, he must be

informed by the court that it is his right tohave an attorney before being arraigned andmust be as(ed if he desires the aid of anattorney. If he desires and is unable to employan attorney, the court must assign a counselde ocio to defend him. 0e is also designatedas counsel of indigent litigants. heappointment of a counsel de ocio in thatinstance is a matter of right on the part of thedefendant.

:n appeal in a criminal case, theappellate court must also appoint a counselde ocio if, as shown by the certicate of thecler( of court of the trial court, a defendantDaE is conned in prison, DbE without means toemploy an attorney, DcE desires to be

defended de ocio.

Ho,#e Co,n#el 4 one who acts as attorney for

business though carried as an employee of

that business and not as an independent

lawyer.

Law-e2 4 this is the general term for a persontrained in the law and authori&ed to adviceand represent others in legal matters

Lead Co,n#el 4 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 #uniors

or subordinates.

Of Co,n#el 4 an e)perienced lawyer, usually a

retired member of the #udiciary, employed by

law rms as consultants.

P2a"t!"!ng Law-e2 4 one engaged in the practiceof law who by license are o!cers of the court

and who are empowered to appear, prosecuteand defend a clients cause.

P2o Se 9 an appearance by a lawyer in his own

behalf.

T2!al Law-e2 4 one who personally handles casesin court, administrative agencies of boardswhich means engaging in actual trial wor(,either for the prosecution or for the defenseof cases of clients.II .THE CANONS O& PRO&ESSIONAL

RESPONSIBILITY

Ca/te2 I' Te Law-e2 and So"!et-A@:@ -

1. Cphold the onstitution and obey thelaws of the land

2. >a(e legal services available in ane!cient and convenient manner

$. Cse of true, honest, fair, dignied andob#ective information in ma(ing(nown legal services

%. +articipate in the improvement of thelegal system

7. Geep abreast of legal developmentand participate in continuing legaleducation program and assist indisseminating information regardingthe law and #urisprudence

9. Applicability of the +8 to lawyers inthe government service

Ca/te2 II' Te Law-e2 and te Legal

P2ofe##!on

A@:@ -;. At all times uphold the integrity and

dignity of the +rofession and supportthe activities of the I+

4. onduct himself with courtesy,fairness and candor toward hiscolleagues and avoid harassingtactics

a. 8icasion ugadiD=egal 3thicsE, >ary /endy 6uranD+ractical 3)ercisesE 36+5 8aphy 3spiritu >3>38*5 ohn 6ale alinan, >alou arrios,atherine ool-@uFe&, >elanie aparas, Gristian ristobal, 8emegio 6ayandayan, r., Herald dela ru&, 6onna 6umpit, 8oselle Hayona, 8hea >angubat, oyce >arie >ar'ue&, 8owena >utia, >aan *alada, >elamy *alvadora, Bin-Gristine Bentura


8/36

2005 CENTRALIZED B AR OPERATIONS

Ca/te2 III' Te Law-e2 and te Co,2t#A@:@ -

1K. :wes candor, fairness and good faithto the court

11. :bserve and maintain the respectdue courts and #udicial o!cers

12. 6uty to assist in the speedy ande!cient administration of #ustice

1$. 8ely upon the merits of his cause,refrain from any impropriety whichtends to inOuence courts, or give theappearance of inOuencing the court

Ca/te2 I(' Te Law-e2 and te Cl!entA@:@ -

1%. @ot to refuse his services to theneedy

17. :bserve candor, fairness and loyaltyin all his dealings and transactionswith clients

19. 0old in trust all the moneys andproperty of his client that may cometo his possession

1;. :wes delity to clients cause and bemindful of the trust and condencereposed in him

14. *erve client with competence anddiligence

1a2 D:ver-all Bice hairE, Yolanda Tolent!noDB-AcadsE, enn!fe2 AngDB- *ecretariatE, =o- Ind,"t!5o DB-inanceE, Ela!ne Ma#,?at DB-36+E, Anna Ma2ga2!ta E2e# DB-=ogisticsE. =onatan




9/36

San Beda College of LawJ

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES%. :rdinary, professional cards7. @otice to other l ocal lawyers and

publishing in a legal #ournal of onesavailability to act as an associate for them

9. he proer of free legal services tothe indigent, even when broadcasted overthe radio or tendered through circulation

of printed matter to the general public.;. *ee(ing a public o!ce, which canonly be held by a lawyer or, in a digniedmanner, a position as a full time corporatecounsel.

4. *imple announcement of the openingof a law rm or of changes in thepartnership, associates, rm name oro!ce address, being for the convenienceof the profession.

ie, 6.R. Ad%. Caseo. 21&1)

CANN ': PARTICIPATE IN THE IMPRO(EMENTO& THE LEGAL SYSTEM

78a%ples$1. +resenting position papers or resolutions

for the introduction of pertinent bills inongressJ

2. +etitions with the * for the amendmentof the 8ules of ourt.

CANN )' EEP ABREAST O& LEGALDE(ELOPMENTS AND PARTICIPATE IN

CONTIN%ING LEGAL ED%CATION PROGRAM

THREE9&OLD OBLIGATIONS O& A LA$YER'1. 0e owes it to himself to continue

improving his (nowledge of the law.2. 0e owes it to his profession to ta(e an

active interest in the maintenance of highstandards of legal education.

$. 0e owes it to the lay public to ma(e the

law a part of their social consciousness.

Ba2 Matte2 ;:' MANDATORY CONTIN%INGLEGAL ED%CATION )MCLE*

DAdopting the 8ules on the ontinuing =egal3ducation for >embers of the Integrated ar of the

+hilippinesEAugust 4, 2KKK

P,2/o#e' o ensure that throughout their career,they (eep abreast with law and #urisprudence,maintain the ethics of the profession and enhancethe standards of the practice of law.

ReK,!2eent# of Co/let!on of MCLE>embers of the I+, unless e)empted under

8ule ;, shall complete every three D$E years atleast $9 hours of continuing legal educationactivities. he $9 hours shall be divided as follows5

a. 9 hours – legal 3thicsb. % hours – trial and pretrial s(illsc. 7 hours – alternative dispute

resolutiond. < hours – updates on substantive

and procedural laws and #urisprudencee. % hours – writing and oral

advocacyf. 2 hours – international law and

international conventionsg. 9 hours – such other sub#ects as

may be prescribed by the ommittee on>=3

Pa2t!e# EFe/ted f2o te MCLE1. he +resident, Bice-+resident, and the

*ecretaries and Cndersecretaries of e)ecutive departmentsJ

2. *enators and >embers of the 0ouse of 8epresentativesJ

$. he hief ustice and Associate ustices of the *, incumbent and retired #ustices of the #udiciary, incumbent members of the udicial and ar ouncil and incumbentcourt lawyers covered by the +hilippine udicial Academy +rogram of continuinglegal educationJ

%. he hief *tate ounsel, hief *tate+rosecutor and Assistant *ecretaries of

the 6epartment of usticeJ7. he *olicitor-Heneral and the Assistant

*olicitor-HeneralJ9. he Hovernment orporate ounsel,

6eputy and Assistant Hovernmentorporate ounselJ

;. he hairman and >embers of theonstitutional ommissionsJ

4. he :mbudsman, the :verall 6eputy:mbudsman, the 6eputy :mbudsmanand the *pecial +rosecutor of the :!ce of the :mbudsmanJ

utia, >aan *alada, >elamy *alvadora, Bin-Gristine Bentura


10/36

1: 2005 CENTRALIZED B AR OPERATIONS

11. he hancellor, Bice-hancellor andmembers of the orps of +rofessional=ecturers of the +hilippine udicialAcademyJ and

12. Hovernors and >ayors

Ote2 EFe/ted Pa2t!e#1. hose who are not in law practice, private

or public2. hose who have retired from law practice

with the approval of the I+ oard of Hovernors

Good Ca,#e fo2 EFe/t!on f2o o2od!"at!on of 2eK,!2eent

A member may le a 5e2!ed 2eK,e#tsetting forth good cause for e)emption (su" as pysi"al disaility, illness, post+3aduate study aoad, poven e8petise in la?) from compliancewith or modication of any of the re'uirements,including ane)tension of time for compliance, in accordancewith procedure to be established by the committeeon >=3.

P2oof of eFe/t!on' Applications for e)emptionfrom or modication of the >=3 re'uirement shallbe under oath and supported by documents.

Con#eK,en"e# of Non9Co/l!an"e1. A member who fails to comply with the

re'uirements after the 9K-day period shallbe listed as delin'uent member by the I+oard of Hovernors upon recommendationof the ommittee on >=3.

2. he listing as a delin'uent member isadministrative in nature but shall be madewith notice and hearing by the ommitteeon >=3.

CANN *: APPLICABILITY O& THE CPR TOLA$YERS IN THE GO(ERNMENT SER(ICE

Re#t2!"t!on Aga!n#t %#!ng P,+l!" O"e toP2oote P2!5ate Inte2e#t

+ublic o!cials and employees during theirincumbency shall @:5

1. :wn, control, manage or acceptemployment as o!cer, employee,consultant, counsel, bro(er, agent, trusteeor nominee in any private enterpriseregulated, supervised or licensed by theiro!ce unless e)pressly allowed by law

2. 3ngage in the private practice of theirprofession unless authori&ed by the

constitution or law, provided that suchpractice will not conOict or tend to conOictwith their o!cial functions.

$. 8ecommend any person to any position ina private enterprise which has a regular orpending o!cial transaction with theiro!ce

%. Cse or divulge condential or classiedinformation o!cially (nown to them byreason of their o!ce and not available tothe public.

Re#t2!"t!on# Aga!n#t &o2e2 O"!al f2oA""e/t!ng Ce2ta!n E/lo-ent

A lawyer shall @:, after leaving thegovernment service, accept engagement or

employment in connection with any matter inwhich he had intervened while in said service.[Rule '.0&, Code o: Po:essional Responsiility]

Se"tion * (), RA '*1& prohibits any formerpublic o!cial or employee for a period of one yearafter retirement or separation from o!ce topractice his profession in connection with any othermatter before the o!ce he used to be with.

THE LA$YER AND THE LEGAL PRO&ESSION

CANN +: %PHOLD THE INTEGRITY ANDDIGNITY O& THE PRO&ESSION AND S%PPORT

THE ACTI(ITIES O& THE IBPA lawyer shall be answerable for

(nowingly ma(ing a false statement or suppressinga material fact, in connection with his applicationfor admission to the bar. (Rule *.01)

A lawyer shall not, whether in public orprivate life, behave in a scandalous manner to thediscredit of the legal profession. (Rule *.0&)

CASE' ounsels act of ling multiplecomplaints against herein complainants reOects onhis tness to be a member of the legal profession.0is act evinces vindictiveness, a decidedlyundesirable trait whether in a lawyer or anotherindividual, as complainants were instrumental inrespondents dismissal from the #udiciary.(Saunido vs. Madono, &'' SCRA 1, Septe%e 2', 2001)

CANN !: CO%RTESY &AIRNESS AND CANDORTO$ARD HIS COLLEAG%ES AND A(OID

HARASSING TACTICSA lawyer shall not, in his professional

dealings, use language which is abusive, oensiveor otherwise improper. (Rule .01)

CASE' Although aware that the plainti students were represented by counsel, respondentattorney, counsel for the defendants proceeded,nonetheless, to negotiate with them and theirparents without at the very least communicatingthe matter to their lawyer. his failure of respondent is an ine)cusable violation of thecanons of professional ethics and in utter disregardof a duty owing to a colleague. DCa%a"o vs.Pan3ulayan, &2 SCRA '&1, Ma" 22, 2000)

CANN : PRE(ENTING %NA%THORI


11/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES1. /here there is a pre- e)isting

agreement with a partner or associatethat, upon the latters death, money shallbe paid over a reasonable period of timeto his estate or to persons specied in theagreementJ

2. /here a lawyer underta(es to

complete unnished legal business of adeceased lawyerJ$. /here a lawyer or law rm includes

non-lawyer employees in a retirementplan, even if the plan is based in whole orin part on a prot-sharing arrangement.

LA$YERS D%TIES TO CO%RTS

CANN 10: CANDOR &AIRNESS AND GOOD&AITH TO CO%RTS

A lawyer shall @: do any falsehood, norconsent to the doing of any in courtJ nor shall bemisled, or allow the court to be misled by anyartice. (Rule 10.01)

RE8%IREMENTS O& CANDOR'1. A lawyer shall not suppress material and vital

facts which bear on the merit or lac( of meritof complaint or petitionJ

2. A lawyer shall volunteer to the court anydevelopment of the case which has renderedthe issue raised moot and academicJ

$. 6isclose to court any decision adverse to hisposition of which opposing counsel isapparently ignorant and which court shouldconsider in deciding a caseJ

%. 0e shall not represent himself as lawyer for aclient, appear for client in court and presentpleadings, only to claim later that he was notauthori&ed to do so.

Note: A lawyer is not an umpire but an advocate.0e is not obliged to refrain from ma(ing everyproper argument in support of any legal pointbecause he is not convinced of its inherentsoundness. @either is he obliged to suggestarguments against his position.

A lawyer shall NOT (nowingly mis'uote ormisrepresent the contents of a paper, the languageor the argument of opposing counsel, or the te)t of a decision or authority, or (nowingly cite as a law aprovision already rendered inoperative by repeal oramendment, or assert as a fact that which has notbeen proved. (Rule 10.02)

A lawyer shall observe the rules of procedure and shall @: misuse them to defeat

the ends of #ustice. (Rule 10.0&)

CANN 11: OBSER(ANCE O& RESPECT D%ETHE CO%RTS

A lawyer shall observe and maintain therespect due to the courts and to #udicial o!cersand should insist on similar conduct by others.

A lawyer should show respect due thecourt and #udicial o!cer by appearing during thetrial of a case punctually and in proper attire.

A lawyers language should be forceful butdignied, emphatic but respectful as betting anadvocate and in (eeping with the dignity of thelegal profession.

RIGHT AND D%TY O& LA$YER TO CRITICIa. 8icasion ugadiD=egal 3thicsE, >ary /endy 6uranD+ractical 3)ercisesE 36+5 8aphy 3spiritu >3>38*5 ohn 6ale alinan, >alou arrios,atherine ool-@uFe&, >elanie aparas, Gristian ristobal, 8emegio 6ayandayan, r., Herald dela ru&, 6onna 6umpit, 8oselle Hayona, 8hea >angubat, oyce >arie >ar'ue&, 8owena >utia, >aan *alada, >elamy *alvadora, Bin-Gristine Bentura


12/36


ensure favorable action shall constitutedirect contempt of courtJ

$. he submission of a fa(e certicationunder par. 2 of the ircular shall li(ewiseconstitute contempt of court, withoutpre#udice to the ling of a criminal actionagainst the guilty party. he lawyer mayalso be sub#ected to disciplinaryproceedings.

CANN 1: A(OIDING IMPROPRIETY THATTENDS TO IN&L%ENCE THE CO%RT

A lawyer shall rely upon the merits of hiscause and refrain from any impropriety whichtends to inOuence, or gives the appearance of inOuencing the court.

A lawyer shall not e)tend e)traordinaryattention or hospitality to, nor see( opportunity forcultivating familiarity with #udges [Rule 1&.01,Code o: Po:essional Responsiility]

A lawyer shall not ma(e public statementsin the media regarding a pending case tending toarouse public opinion for or against a party. [Rule1&.02, Code o: Po:essional Responsiility]

A lawyer shall not broo( nor inviteinterference by another branch or agency of thegovernment in the normal course of #udicialproceedings. [Rule 1&.0& Code o: Po:essionalResponsiility]

ATTORNEY9CLIENT RELATIONSHIP

NAT%RE O& RELATION

1. strictly personalJ

2. highly condential and duciary

GENERAL R%LES PROTECTING ATTORNEY9

CLIENT RELATIONSHIPS

1. est eorts must be e)erted by theattorney to protect his clients interestJ

2. he attorney must promptly account forany fund or property entrusted by orreceived for his clientJ

$. An attorney cannot purchase his clientsproperty or interest in litigationJ

%. he privacy of communications shall at alltimes be upheldJ

7. An attorney cannot represent a partywhose interest is adverse to that of hisclient even after the termination of therelation.

CREATION O& RELATION' &ORMS O&EMPLOYMENT AS CO%NSEL TO A CLIENT

1. O2al – when the counsel is employedwithout a written agreement, but theconditions and amount of attorneys feesare agreed upon.

2. EF/2e## − when the terms and conditionsincluding the amount of fees, are e)plicitlystipulated in a written document whichmay be a private or public document./ritten contract of attorneys fees is thelaw between the lawyer and the client.

$. I/l!ed – when there is no agreement,whether oral or written, but the clientallowed the lawyer to render legalservices not intended to be gratuitous

without ob#ection, and the client isbeneted by reason thereof.

Note: /hile a written agreement for professional

services is the best evidence to show the relation,

formality is not an essential element of the

employment of an attorney. he absence of a

written contract will not preclude a nding that

there is a professional relationship. 6ocumentary

formalism is not an essential element in the

employment of an attorneyJ the contract may be

e)press or implied.

AD(ANTAGES O& A $RITTEN CONTRACT

BET$EEN THE LA$YER AND THE CLIENT'

1. It is conclusive as to the amount of compensation.

2. In case of un#ustied dismissal of anattorney, he shall be entitled to recoverfrom the client full compensationstipulated in the contract [RA '&'].

CANN 1': NOT TO RE&%SE HIS SER(ICES TOTHE NEEDY

RIGHT TO DECLINE EMPLOYMENTEXCEPTIONS

General Rule: A lawyer is not obliged to act aslegal counsel for any person who may wish tobecome his client. 0e has the right to declineemployment.Exceptions$

1. A lawyer shall not refuse his services tothe needy.

6. 0e shall not decline to represent a personsolely on account of the latters race, se),creed or status of life or because of hisown opinion regarding the guilt of saidperson.

0. 0e shall not decline, e)cept for seriousand su!cient cause li(e D1E if he is not ina position to carry out eectively orcompetentlyJ D2E if he labors under aconOict of interest between him and theprospective client or between a presentand prospective client.

Reasons: I+ Huidelines, Art.1, *ec. 1. +ublic

*ervice5

1. =egal aid is not a matter of charity but a

public responsibility.

2. It is a means for correction of social

imbalance.

$. =egal aid o!ces must be so organi&ed as

to give ma)imum possible assistance to

indigent and deserving members of the

community and to forestall in#ustice.

D%TY TO DECLINE EMPLOYMENTA lawyer should decline professional

employment even though how attractive the feeoered may be if its acceptance will involve5

1. A violation of any of the rules of the legalprofession.

2. @ullication of a contract which heprepared.




13/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES0. Advocacy in any matter in which he had

intervened while in the governmentservice.

3. 3mployment, the nature of which mighteasily be used as a means of advertisinghis professional services or his s(ill.

;. 3mployment with a collection agency

which solicits business to collect claims.. Any matter in which he (nows or hasreason to believe that he or his partnerwill be an essential witness for theprospective client.

ETHICAL CONSIDERATIONS IN TAING A BADCASEIn a C2!!nal Ca#e' A lawyer may accept a losingcriminal case because every accused is presumedinnocent and is entitled to counsel.

In a C!5!l Ca#e' he rules and ethics of theprofession en#oin a lawyer from ta(ing a bad case.

Reasons:1. he attorneys signature in every pleading

constitutes a certicate by him that thereis good cause to support it and that it isnot interposed for delay, and willfulviolation of such rule shall sub#ect him todisciplinary action.

2. It is the attorneys duty to counsel ormaintain such actions or proceedings onlyas appear to him to be #ust and only suchdefenses as he believes to be honestlydebatable under the law."

$. A lawyer is not to encourage either thecommencement or the continuance of anaction or proceeding, or delay any manscause, for any corrupt motive or interest.

%. A lawyer must decline to conduct a civilcause or to ma(e a defense whenconvinced that it is intended merely toharass or in#ure the opposite party or towor( oppression or wrong.

0owever, a lawyer may accept a losing civilcase provided that, in so doing, he must notengage in dilatory tactics and must advise hisclient about the prospects and advantage of settling the case through a compromise.

LA$YERS D%TIES TO CLIENT

CANN 1): CANDOR &AIRNESS AND LOYALTY

IN HIS DEALINGS AND TRANSACTIONS $ITHHIS CLIENTS

CON&LICT O& INTEREST

D,t- of a Law-e2 to H!# Cl!ent !n Ca#e Te2e

!# Con!"t of Inte2e#t

A lawyer, in conferring with a prospectiveclient shall ascertain as soon as practicablewhether the matter would involve a conOict withanother client or his own interest, and if so, shallforthwith inform the prospective client. [Rule1#.01]

It is the duty of a lawyer at the time of

retainer to disclose to the client all circumstancesof his relations to the parties and any interest in

connection with the controversy, which mightinOuence the client in the selection of counsel.

It is unprofessional to represent conOicting

interests, e)cept by e)press consent of all

concerned given after a full disclosure of facts.

/ithin the meaning of this anon, a lawyer

represents conOicting interests when, in behalf of

one client it is his duty to contend for that which

duty to another client re'uires him to oppose.

Te#t# to Dete2!ne Con!"t!ng Inte2e#t#

1. /ill the attorney be re'uired to

contest for that which his duty to

another client re'uires him to

opposeR (Conictin/ uties"

2. /ill the acceptance of a new relation

invite suspicion andMor actually lead

to unfaithfulness or double-dealing

towards another clientR (nitation

o& suspicion"

. /ill the attorney be called upon in his

new relation to use against his rst

client any (nowledge ac'uired in the

previous employmentR (Use o& prior

3no4le/e o5taine"

INSTANCES $HEN A LA$YER IS CONSIDEREDHA(ING CON&LICTING D%TIES

1. As an employee of a corporation whoseduty is to attend legal aairs, he cannot #oin a labor union of employees in thatcorporationJ

2. As a lawyer who investigated an accidentas counsel for an insurance, he cannotrepresent the in#ured personJ

$. As a receiver of a corporation, he cannotrepresent the creditorJ

%. As a representative of the obligor, hecannot represent the obligeeJ

7. As a lawyer representing a party in acompromise agreement, he cannot besubse'uent lawyer representing anotherclient who see(s to nullify the agreementJ

Ee"t# of Re/2e#ent!ng Ad5e2#e Inte2e#t#

1. 6is'ualication as counsel of new clienton petition of former client.

2. /here such is un(nown to, and becomespre#udicial to the interests of the newclient, a #udgment against such may, on

that ground, be set aside.$. A lawyer can be held administratively

liable through disciplinary action and maybe held criminally liable for betrayal of trust.

4. he attorneys right to fees may bedefeated if found to be related to suchconOict and such was ob#ected to by theformer client, or if there was aconcealment and pre#udice by reason of the attorneys previous professionalrelationship with the opposite party.

CASE' urisprudence instructs that there is arepresentation of conOicting interests if theacceptance of the new retainer will re'uire the

attorney to do anything which will in#uriously aecthis rst client in any matter in which he representshim and also whether he will be called upon in his



14/36


new relation, to use against his rst client any(nowledge ac'uired through their connection.Another test to determine if there is arepresentation of conOicting interests is whetherthe acceptance of a new relation will prevent anattorney from the full discharge of his duty of undivided delity and loyalty to his client or invitesuspicion of unfaithfulness or double dealing in theperformance thereof. (Po%ento, S. vs. Atty.Ponteveda, A.C. o. #12, Ma" &1, 200#)

CANN 1*: LA$YERS D%TY TO HOLD INTR%ST ALL THE MONEY AND PROPERTY O&

HIS CLIENT THAT MAY COME TO HISPOSSESSION

PROHIBITION AGAINST P%RCHASE O&PROPERTY IN LITIGATION

Eleent# of P2o!+!t!on1. here is an attorney-client relationshipJ2. he property is in litigationJ$. he attorney is the counsel of record in

the caseJ4. he attorney, by himself or through an

agent, purchases such property during thependency of said case [At. 14-1 o: teCivil Code]

Ote2 In#tan"e# $e2e R,le !# Ina//l!"a+le1. /here the property purchased by a lawyer

was not involved in litigation.2. /here the sale too( place before it

became involved in the suit.$. /here the attorney at the time of the

purchase was not counsel in the case.%. /here the purchaser of the property in

litigation was a corporation even thoughthe attorney was an o!cer thereof.

7. /here the sale too( place after the

termination of the litigation.9. A lawyer may accept an assignment fromhis client of a money #udgment renderedin the latters favor in a case in which hewas not counsel, in payment of hisprofessional services performed inanother case.

;. +rohibition is inapplicable to a contract forattorneys fees contingent upon theoutcome of the litigation.

CANN 1+: &IDELITY TO THE CA%SE O& HISCLIENT AND MIND&%L O& THE TR%ST AND

CON&IDENCE REPOSED IN HIM CASE' :rdinarily, lawyers are not obliged to acteither as advisers or as advocates of any person

who may wish to become their client. hey maydecline employment and refuse to acceptrepresentation, if they are not in a position to carryit out eectively or competently. ut once theyagree to handle a case, attorneys are re'uired bythe anons of +rofessional 8esponsibility tounderta(e the tas( with &eal, care and utmostdevotion.

Acceptance of money from a clientestablishes an attorney-client relationship andgives rise to the duty of delity to the clientscause. 3very case accepted by a lawyer deservesfull attention, diligence, s(ill and competence,regardless of importance. (Rollon vs. Atty. aaval, A.C. o. '424, Ma" 4, 200#)

CANN 1!: SER(E CLIENT $ITH COMPETENCEAND DILIGENCE

D%TY TO PROTECT CLIENTS INTEREST he attorneys duty to safeguard the

clients interests commences from his retaineruntil his eective release from the case or the naldisposition of the whole sub#ect matter of thelitigation. 6uring that period he is e)pected tota(e such reasonable steps and such ordinary careas his clients interests may re'uire.

PREPARATION O& PLEADINGSA lawyer shall not handle any legal matter

without any ade'uate preparation. (Rule 1.02)A lawyer should prepare his pleading with

great care and circumspection. 0e should refrainfrom using abrasive and oensive language, for itmerely wea(ens rather than strengthens the forceof legal reasoning and detracts from itspersuasiveness. In preparing a complaint fordamages, counsel for plainti should allege andstate the specic amounts claimed not only in thebody of the complaint but also in the prayer, sothat the proper doc(et fees can be assessed andpaid.

D%TY TO EEP CLIENT &%LLY IN&ORMEDA lawyer shall (eep the client informed of

the status of his case. (Rule 1.04)0e should notify his client of an adverse

decision while within the period to appeal to enablehis client to decide whether to see( an appellatereview. 0e should communicate with himconcerning the withdrawal of appeal with all itsadverse conse'uences. he client is entitled to thefullest disclosure of the mode or manner by whichhis interest is defended or why certain steps areta(en or omitted.

6octrine o& -pute 7no4le/e the(nowledge ac'uired by an attorney during the timethat he is acting within the scope of his authority isimputed to the client.

It is based on the assumption that anattorney, who has notice of matter aecting hisclient, has communicated the same to his principalin the course of professional dealings. he doctrineapplies regardless of whether or not the lawyeractually communicated to the client what helearned in his professional capacity, the attorneyand his client being one #uridical person.Exceptions to t8e Rule t8at Notice to Counsel is Notice to Client

1. If strict application might foster dangerous

collusion to the detriment of #ustice.2. *ervice of notice upon party instead of upon his attorney is ordered by court.

$. @otice of pre trial is re'uired to be servedupon parties and their respective lawyers.

%. In appeal from the lower court to the 8,upon doc(eting of appeal.

D%TY $HEN THE ACC%SED INTENDS TOPLEAD G%ILTY

A PLEA O& G%ILTY is an admission bythe accused of his guilt of crime as charged in theinformation and of the truth of the facts alleged,including the 'ualifying and aggravatingcircumstances.




15/36

San Beda College of Law1;

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESIt is the duty of the defense counsel when

his client desires to enter a plea of guilty to5)ACEPA*

1. ully ac'uaint himself with the recordsand surrounding circumstances of thecase

2. Confer with the accused and obtain from

him his account of what had happened$. Advise him of his constitutional rights%. horoughly e)plain to him the import of a

guilty plea and the inevitable convictionthat will follow

7. *ee to it that the prescribed /rocedurewhich e)perience has shown to benecessary to the administration of #usticeis strictly followed and disclosed in thecourt records.

D%TY TO COMPLY $ITH CLIENTS LA$&%LRE8%EST

A client shall respond within a reasonabletime to the clients re'uest for information. (Rule1.04)

A lawyer should endeavor to see(instruction from his client on any substantialmatter concerning the litigation, which may re'uiredecision on the part of the client, such as whetherto compromise the case or to appeal anunfavorable #udgment. 0e should give his clientsound advice on any such and similar matters andcomply with the clients lawful instructions relativethereto. 0e should resist and should never followany unlawful instruction of his client.

CANN 1: D%TY TO REPRESENT CLIENT$ITH


16/36


General Rule: he attorney has no authority to

compromise his clients case.

Reason: ecause the client, even if representedby counsel, retains e)clusive control over thesub#ect matter of the litigation. he client can, of course, authori&e his lawyer to compromise his

case, and the settlement made by the lawyer willbind his client.Exception$ /here the lawyer is confronted withan emergency and prompt, urgent action isnecessary to protect the interest of his client andthere is no opportunity for consultation with him.

M!#ta?e# o2 Negl!gen"e of Law-e2 B!nd!ng%/on Cl!entGeneral Rule: lient is bound by attorneysconduct, negligence and mista(e in handling caseor in management of litigation and in proceduraltechni'ue, and he can not be heard to complainthat result might have been dierent had hislawyer proceeded dierently.Exceptions:

1. /here adherence thereto results inoutright deprivation of clients liberty orproperty or where interest of #ustice sore'uires.

2. /here error by counsel is purely technicalwhich does not aect substantially clientscause.

$. Ignorance, incompetence or ine)perienceof lawyer is so great and error so seriousthat client, who has good causepre#udiced and denied a day in court.

%. Hross negligence of lawyer.7. =ac( of ac'uaintance with technical part

of procedure.

CANN 20: D%TY O& THE LA$YER TO CHARGE

ONLY &AIR AND REASONABLE &EES

ATTORNEYS &EES

&a"to2# !n Dete2!n!ng Atto2ne-# &ee# (Rule

20.1, Canon 20" )TINSAPCQ*

1. time spent and the e)tent of the services

rendered or re'uiredJ

2. novelty and the di!culty of the 'uestions

involvedJ

$. !mportance of the sub#ect matterJ

%. #(ill demandedJ

7. /robability of losing other employment as

a result of the acceptance of the proered

caseJ

9. "ustomary charges for similar services

and the schedule of fees of the I+

hapter to which he belongsJ

;. amount involved in the controversy and

the benets resulting to the client from

the serviceJ

4. "ontingency or certainty of compensationJ


17/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES%. /hen the stipulated attorneys fees are in

e)cess of what is e)pressly provided bylaw.

7. /hen the lawyer is guilty of fraud or badfaith toward his client in the matter of hisemployment

9. /hen the counsels services are worthless

because of h is negligence.;. /hen contract is illegal, against morals orpublic policy.

4. *erving adverse interest unless lawyerproves that it was with the consent of both parties.

8,ant, Me2,!t − means as much as the lawyerdeserves or such amount as his services merit.

G,!de# fo2 Dete2!n!ng Atto2ne-# &ee# on8,ant, Me2,!t Ba#!# )TINS*

1. T ime spent and e)tent of the servicesrendered or re'uired – a lawyer is #ustiedin )ing higher fees when the case is socomplicated and re'uires more time and

eort to nish it.2. N ovelty and di!culty of 'uestions

involved – when the 'uestions in a caseare novel and di!cult, greater eort,deeper study and research are bound toburn the lawyers time and staminaconsidering that there are no localprecedents to rely upon

$. Importance of sub#ect matter − the moreimportant the sub#ect matter or the biggerthe value of the interest of property inlitigation, the higher is the attorneys fees

%. S (ill demanded of a lawyer − the totalityof the lawyers e)perience provides himthe s(ill and competence admired inlawyers.

In#tan"e# of Re"o5e2- of Atto2ne-# &ee# onte Ba#!# of 8,ant, Me2,!t

1. here is no e)press contract for paymentof attorneys fees agreed upon betweenthe lawyer and the client.

2. /hen although there is a formal contractfor attorneys fees, the fees stipulated arefound unconscionable.

$. /hen the contract for attorneys fees isvoid due to formal matter.

%. /hen for #ustiable cause the lawyer wasnot able to nish the case.

7. /hen the lawyer and the client disregardthe contract for fees.

9. /hen the client dismissed his counselbefore the termination of the case or thelatter withdrew therefrom for validreasons.

Ca/e2to,# Cont2a"t - one where the lawyerstipulates with his client in the prosecution of thecase that he will bear all of the e)penses for therecovery of things or property being claimed by theclient, and the latter agrees to pay the former aportion of the thing or property recovered ascompensation. It is void for being against publicpolicy.

CN9NGEN9 s. CHA#%ER9US

CONTINGENT

CONTRACT

CHAMPERTO%S

CONTRACTontingent fee ispayable in cash

1. +ayable in (ind:@=?

2. =awyers do notunderta(e to pay alle)penses of litigation

2.=awyersunderta(e to payall e)penses of litigation

$. @ot prohibited $. Boid

Enfo2"eent of Atto2ne-# &ee#General Rule: A lawyer should avoid the lingof any case against client for enforcement of attorneys feesExceptions:

1. to prevent imposition2. to prevent in#ustice$. to prevent fraud

$o a2e Ent!tled to Atto2ne-# &ee#General Rule: :nly lawyers are entitled toattorneys fees. he same cannot be shared with anon-lawyer. It is immoral.Exceptions:

A lawyer may divide a fee for legal serviceswith persons not licensed to practice law5 )CPR*

1. a lawyer underta(es to "ompleteunnished legal business of a deceasedlawyerJ

2. there is a /re-e)isting agreement with apartner or associate that, upon the lattersdeath, money shall be paid over areasonable period of time to his estate orto persons specied in the agreementJ

$. a lawyer or law rm includes non-lawyeremployees in 2etirement plan, even if theplan is based in whole or in part on theprot sharing agreement

Ee"t of N,ll!t- of Cont2a"t on te R!gt toAtto2ne-# &ee#

1. if the nullication is due to the ille3ality o: its o@e"t , the lawyer is precluded fromrecoveringJ

2. if the nullity is due to a :o%al de:e"t orbecause the court has found the a%ount to be un"ons"ionale, the lawyer mayrecover for any services rendered basedon 'uantum meruit.

In#tan"e# $en an Inde/endent C!5!l A"t!onto Re"o5e2 Atto2ne-# &ee# !# Ne"e##a2-

1. >ain action is dismissed or nothing isawardedJ

2. ourt has decided that it has no #urisdiction over the action or has alreadylost itJ

$. +erson liable for attorneys fees is not aparty to the main actionJ%. ourt reserved to the lawyer the right to

le a separate civil suit for recovery of attorneys feesJ

7. *ervices for which the lawyer see(spayment are not connected with thesub#ect litigationJ

9. udgment debtor has fully paid all of the #udgment proceeds to the #udgmentcreditor and the lawyer has not ta(en anylegal step to have his fees paid directly tohim from the #udgment proceeds.

Co/en#at!on to $!" a Law-e2 !# Ent!tled

to De/end!ng on H!# Ca/a"!t-

1. Counsel e %arte 9 0e is entitled to a

reasonable attorneys fees agreed upon orin the absence thereof, on 'uantummeruit basis.



18/36


2. Counsel e cio - he counsel may notdemand from the accused attorneys feeseven if he wins the case. 0e may howevercollect from the government funds if available based on the amount )ed bythe court.

$. A-icus Curiae 9 not entitled toattorneys fees

ATTORNEYS LIENCa2g!ng L!en - is an e'uitable right to have thefees and lawful disbursements due a lawyer for hisservices in a suit secured to him out of the #udgment for the payment of money ande)ecutions issued in pursuance thereof in theparticular suit.

ReK,!#!te# of a Ca2g!ng L!en1. 3)istence of a client-lawyer relationshipJ2. he attorney has rendered servicesJ$. avorable #udgment secured by the

counsel for his client which #udgment is amoney #udgmentJ

%. he attorney has a claim for attorneysfees or advancesJ7. @oting into the records of the case

through the ling of an appropriatemotion of the statement of the lawyersclaim for attorneys fee with copiesfurnished to the client and adverse party.

Reta!n!ng L!en 4 a right merely to retain thefunds, documents, and papers as against the clientuntil the attorney is fully paid his fees.

ReK,!#!te#' )AL%*1. Attorney-client relationshipJ2. Lawful possession by the lawyer of the

clients funds, documents and papers in

his professional capacityJ$. %nsatised claim for attorneys fees

RE9ANNG LEN ;S.CHARGNG LEN

Po!nt of D!#t!n"t!on

Reta!n!ngL!en

Ca2g!ngL!en

1. atue +assive =ien.It cannot beactivelyenforced. It isa generallien.

Active =ien.It can beenforced bye)ecution. Itis a speciallien.

2. asis =awfulpossession of

papers,documents,propertybelonging tothe client.

*ecuring ofa favorable

money #udgment forthe client.

&. Covea3e overspapers,documents,andproperties inthe lawfulpossession of the attorneyby reason ofhisprofessionalemployment.

overs all #udgment forthe paymentof moneyande)ecutionissued inpursuanceof such #udgments.

4. 7e"t As soon asthe attorneygetspossession of the papers,documents,or property.

As soon asthe claim forattorneysfees hadbeenentered intothe recordsof the case.

#. oti"e lient neednot benotied toma(e iteective.

@otice mustbe servedupon clientand adverseparty

'. Appli"ailit y

>ay bee)ercisedbefore #udgment ore)ecution orregardlessthereof.

Henerally,e)ercisableonly whenthe attorneyhad alreadysecured afavorable #udgment forhis client.

*.78tin3uis+ %ent

/henpossession

lawfully endswhen aslawyervoluntarilyparts withfunds,documents,and papers of client oroers themas evidence.

/hen clientloses action

as lien mayonly beenforcedagainst #udgmentawarded infavor ofclient,proceedsthereofMe)ecutedthereon.

CANN 21: PRI(ILEGED COMM%NICATION

ReK,!#!te#'1. here e)ists an attorney and client

relationship or a (ind of consultancyrelationship with a prospective client. hatis, legal advise is what is soughtJ

2. he communication was made by theclient to the lawyer in the course of thelawyers professional employmentJ and

&. he communication must be intended tobe condential. [y Ci"o vs. nion i:e Asso"iation So"iety, 2- Pil 1'&]

P,2/o#e#'




19/36

San Beda College of Law1J

MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES o encourage a client to ma(e a full disclosure

of the facts of the case to his counselwithout fearJ

o allow the lawyer freedom to obtain fullinformation from his client.

Ca2a"te2!#t!"#'

1. A- privilege where legal advice isprofessionally sought from an attorney.2. he client must intend the above

communication to be condential.$. A- privi lege embraces all forms of

communication and action.%. As general rule, A- privilege also e)tends

to the attorneys secretary, stenographer,cler( or agent with reference to any factre'uired in such capacity.

7. he above duty is perpetual and isabsolutely privileged from disclosure.

EF"e/t!on# to te P2!5!lege1. /hen there is "onsent or waiver of client.2. /hen disclosure is re'uired by law.

$. /hen disclosure is made to /rotect thelawyers rights Di.e., to collect his fees ordefend himself, his employees orassociates or by #udicial actionE.

%. /hen such communications are made incontemplation of a "rime or theperpetuation of a f raud

LA$YER AS $ITNESS A lawyer shall avoid testifying in behalf of hisclient. Reason$ he function of a witness is to tell thefacts as he recalls them in answer to 'uestions. he function of an advocate is that of a partisan. Itis di!cult to distinguish between the &eal of anadvocate and the fairness and impartiality of a

disinterested witness.

Instances when a lawyer a- NOT te#t!f- as

a witness in a case which he is handling for a

client5

1. /hen such would adversely aect any

lawful interest of the client with respect to

which condence has been reposed on

himJ

2. 0aving accepted a retainer, he cannot be

a witness against his clientJ

$. 0e cannot serve conOicting interestsJ

%. /hen he is to violate the condence of his

clientJ

7. /hen as an attorney, he is to testify on

the theory of the case.

Instances when a lawyer a- te#t!f- as a

witness in a case which he is handling for a client5

1. :n formal matters, such as the mailing,

authentication or custody of an

instrument and the li(eJ

2. Acting as an e)pert on his feeJ

$. Acting as an ArbitratorJ

%. 6epositionJ

7. :n substantial matters in cases where his

testimony is essential to the ends of

#ustice, in which event he must, during his

testimony, entrust the trial of the case to

another counsel.

INTER(IE$ING $ITNESSES$!tne##- human instrumentality through whichthe law and its ministers, the #udges and lawyers,endeavors to ascertain the truth and to dispense

#ustice to the contending parties.

1. A lawyer may interview a witness inadvance of trial to guide him in themanagement of the litigation.

2. A lawyer may also interview a prospectivewitness for the opposing side in any civilor criminal action without the consent of the opposing counsel or party.

$. A lawyer may properly obtain statementsfrom witnesses whose names werefurnished by the opposing counsel orinterview the employees of the opposingparty even though they are undersubpoena to appear as witnesses for theopposite side.

%. If after trial resulting in defendantsconviction, his counsel has been advisedthat a prosecution witness has committedper#ury, it is not only proper but it is thelawyers duty to endeavor honorably toobtain such witness retraction, evenwithout advising the public prosecutor of his purpose and even though the case ispending appeal.

An adverse party, though he may be used as a

witness, is not, however, a witness within the

meaning of the rule permitting a lawyer to

interview the witness of the opposing counsel.

CANN 22: $ITHDRA$AL O& SER(ICES

TERMINATION O& ATTORNEY9CLIENT

RELATIONSHIP

In#tan"e# $en a Co,n#el Can $!td2aw H!#Se25!"e#

1. /hen the client pursues an illegal orimmoral course or conduct in connectionwith the case he is handlingJ

2. /hen the client insists that the lawyerpursue conduct violative of the ode of +rofessional 8esponsibilityJ

$. /hen his inability to wor( with co-counselwill not promote the best interest of theclientJ

%. /hen the mental or physical condition of the lawyer renders it di!cult for him tocarry on the employment eectivelyJ

7. /hen the client deliberately fails to paythe fees for the services or fails to complywith the retainer agreementJ

9. /hen the lawyer nds out that he mightbe appearing for a conOicting interestJ

DNote: In all the above cases, the lawyer must lea written motion with an e)press consent of hisclient and must wait for the approval of the court.E

;. /hen the lawyer is elected or appointedto public o!ceJ

. :ther similar cases [Canon 22 Rule 22.01]

NOTE' A lawyer may withdraw as counsel onlywith the conrent of the client and with leave of court, and only for good cause enumerated in Rule22.01 o: te Code o: Po:dssional Responsiility.



20/36

6: 2005 CENTRALIZED B AR OPERATIONS

he relation of attorney-client relationship

is strictly personal and highly condential and

duciary. @ecessity and public interest re'uire that

it be so.

D!#"a2ge of te Atto2ne- +- Cl!ent

he client has the right to terminate at any

time $ITH OR $ITHO%T =%ST CA%SE.

ust cause is material only in determining

compensation.

Driminal =awE, Ga2n- L,!#a Aleg2e Dommercial =awE, =!n?- Ann %- D8emedial =awE,



21/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES1. ausing pre#udice to client thru malicious

breach of professional duty or thruine)cusable negligence or ignorance.

2. 8evealing clients secrets learned inlawyers professional capacity thrumalicious breach of professional duty orine)cusable negligence or ignorance.

Specic Acts 48ic8 #a? Result to Cri-inal Lia5ilit?

1. A lawyer who has underta(en the defenseof client or has received condentialinformation from said client in a case maybe criminally liable for underta(ingdefense of opposing party in same causewithout consent of rst client.QArt. 2K


22/36


S%SPENSION AND DISBARMENT

Nat,2e of P2o"eed!ng#1. NOT a civil action because there is no

plainti and no respondent, involves noprivate interest. he complainant is not aparty and no interest in the outcome

e)cept as all citi&ens have in properadministration of #ustice, no redress forprivate grievance.

2. NOT a criminal prosecution because it isnot meant as a punishment depriving himof source of livelihood but rather to ensurethat those who e)ercise the functionshould be competent, honorable andreliable so that public may reposecondence in them.

$. S%I GENERIS, it is a class of its own sinceit is neither civil nor criminal

%. ondential in nature.7. 6efense of double #eopardy is not

available.9. an be initiated by the * motu propio or

by the I+. It can be initiated without acomplaintJ

;. an proceed regardless of interest of the

complainantsJ

4. ImprescriptibleJ

a2 D:ver-all Bice hairE, Yolanda Tolent!noDB-AcadsE, enn!fe2 AngDB- *ecretariatE, =o- Ind,"t!5o DB-inanceE, Ela!ne Ma#,?at DB-36+E, Anna Ma2ga2!ta E2e# DB-=ogisticsE. =onatan




23/36


MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISESdegree of morality and integrity e)pected of the

members of the bar. [Sta. Maia vs. 9ua>on, Ad%in.

Case o. &-', uly &1, 1-'4].

8,ant, of E5!den"e ReK,!2ed5 clear,

convincing and satisfactory evidence

B,2den of P2oof 5 rests on the complainant, theone who instituted the suit

BREACH O& D%TIES O& A LA$YER

B2ea" of D,t!e# to Co,2t1. O+#t2,"t!ng Ad!n!#t2at!on of ,#t!"e

− constitutes misconduct and #usties

disciplinary action against him andcontempt of court. D78a%ple$ orumshoppingE

2. M!#lead!ng "o,2t− (nowingly ma(ingfalse allegation in pleadings, mis'uotingte)t of documents, suppressing materialfacts

$. P2efe22!ng fal#e "a2ge# − ling orprosecuting false charges against anotherfor his action is violative of duty to dofalsehood nor consent to doing of any incourt, nor wittingly or willingly promote orsue any false, groundless, unlawful suit.Re>uisites

a a. harges are fa(e

b b. =awyer (nows them to be so%. Int2od,"!ng &al#e E5!den"e− it i s aviolation of oath to do no falsehood norconsent to doing of any in court. /henfalse testimony is material to in'uiry orrelevant to issue, it re'uires suspension ordisbarment. :n the other hand, when thetestimony is immaterial or irrelevant anddoes not cause substantial pre#udice, itonly warrants lesser sanction, such aswarning or reprimand

7. $!llf,ll- d!#o+e-!ng "o,2t o2de2# −lawyer may be punished for contempt anddisciplined as o!cer of court.

9. %#!ng 5!"!o,# o2 d!#2e#/e"tf,llang,age − constitutes direct contemptJ

violation of oath and ode of +rofessional8esponsibility.

;. Cont!n,e to /2a"t!"e afte2 #,#/en#!on− constitutes gross misconduct and willfuldisregard of suspension order.

B2ea" of D,t!e# to Cl!ent1. Negl!gen"e !n /e2fo2an"e of d,t!e#

Re>uisites to /arrant *uspension or6isbarment5

i. @egligence andcarelessness which must be grossin character

ii. aused materialpre#udice to client

Note: >ere negligence without pecuniarydamages #usties only reprimand orcensure e)cept when breach of duty toclient is a gross violation of obligation tocourt.

6. E/lo-ent of ,nlawf,l ean#0. De"e!t o2 !#2e/2e#entat!on

Re>uisitesa. ad faith on the part of the lawyerb. >aterial damage to client

3. Re/2e#ent!ng ad5e2#e Inte2e#t and2e5eal!ng "l!ent# #e"2et# 9 If there isno written consent of client, a lawyer maynot represent conOicting interest. he factthat lawyer did not ac'uire condentialinformation from client nor use the sameagainst the latter does not e)cuse himfrom responsibility.

;. P,2"a#e "l!ent# /2o/e2t- !nl!t!gat!on Re>uisites:

a. =awyer is counsel for client at thetime he ac'uired the property

b. +roperty is sub#ect of litigationc. Ac'uires it by himself or throughanother

d. Ac'uires property during pendencyof litigation

'. &a!l!ng to a""o,nt o2!#a//2o/2!at!on of "l!ent# /2o/e2t-9 presupposes fraudulent intent of lawyer.Immediate repayment by lawyer of clients money or property after demandbut before institution by client of disbarment proceedings negatefraudulent intent. If the lawyer has a lien,it cannot be used as an e)cuse for notma(ing an accounting.

;. Colle"t!ng ,n2ea#ona+le fee# 4 /here

the law )es the ma)imum amount whichlawyer may charge client, collection of more than what law allows constitutesmalpractice.

4. A"t!ng w!to,t a,to2!t- - a lawyer canbind client without special power of attorney only on procedural matters

A=+8AI3 and agreeing

with non-lawyer to divide lawyers feespaid by client or for solicitation by non-lawyer.



24/36


e. Ad5e2t!#!ng

OTHER GRO%NDS &OR DISCIPLINE

1. NON9PRO&ESSIONAL MISCOND%CTGeneral Rule$ =awyer may not be suspended ordisbarred for misconduct in his non-professional orprivate capacity.

Exception$ /here such is so H8:** to show himto be morally unt for o!ce or unworthy of privilege, court may be #ustied in suspending orremoving him from the roll of attorneys.

6. GROSS IMMORALITY9 AN ACT O&PERSONAL IMMORALITY ON THE PART O& THE

LA$YER IN HIS PRI(ATE RELATION $ITHOPPOSITE SEX MAY P%T CHARACTER IN

DO%BT. B%T TO =%STI&Y S%SPENSION ORDISBARMENT THE ACT M%ST NOT ONLY BEIMMORAL IT M%ST BE GROSSLY IMMORAL.

) A@AGAR ;S. %AF*

G2o##l- Io2al Cond,"t – one so corrupt andfalse as to constitute criminal act or sounprincipled or disgraceful as to be reprehensibleto a high degree. ohabitation per se is not grosslyimmoral, it depends on circumstances and it is notnecessary that there be prior conviction for oenseb

Documents

178069957 Legal Ethics Reviewer San Beda