Code of Professional Responsibility

Chapter 1:

Lawyer and Society

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the

land and promote respect for law and for legal processes Duties of Attorneys:

1. to maintain allegiance to the Republic of the Philippines and to support

the Constitution and obey the laws of the Philippines;

2. to observe and maintain the respect due to the courts of justice and

judicial officers;

3. to counsel or maintain such actions or proceedings only as appear to

him as just, and such defenses only as he believes to be honestly

debatable under the laws;

4. to employ, for the purpose of maintaining the causes confided to him,

such means only as are consistent with truth and honor, and never seek

to mislead the judge or  any judicial officer by an artifice or false

statement of fact or law;

5. to maintain inviolate the confidence, and at every peril to himself, to

preserve the secrets of his client, and to accept no compensation in

connection with his client’s business except from him or with his

knowledge and approval;

6. to abstain from all offensive personality and to advance no fact

prejudicial to the honor or reputation of a party or witness, unless

required by the justice of the cause with which he is charged;

7. not to encourage either the commencement or the continuance of an

action or proceeding, or delay any man’s cause for any corrupt motive

or interest;

8. never to reject, for any consideration personal to himself, the cause of

the defenseless or oppressed;

9. in the defense of a person accused of a crime, by all fair and honorable

means, regardless of his personal opinion as to the guilt of the accused,

to present every defense that the law permits, to the end that no

person may be deprived of life or liberty, but by due process of law.

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest,

immoral or deceitful conduct.

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Code of Professional Responsibility

Conviction for crimes involving moral turpitude – a number of lawyers

have been suspended or disbarred for conviction of crimes involving

moral turpitude such as:

1. estafa

2. bribery

3. murder

4. seduction

5. abduction

6. smuggling

7. falsification of public documents

Morality as understood in law - This is a human standard based on

natural moral law which is embodied in man’s conscience and which

guides him to do good and avoid evil.

Moral Turpitude: any thing that  is done contrary to justice, honesty,

modesty or good morals.

Immoral Conduct: that conduct which is willful, flagrant, or

shameless and which shows a moral indifference to the opinion of the

good and respectable members of the community (Arciga vs. Maniwag,

106 SCRA 591).

Grossly Immoral Conduct: One that is so corrupt and false as to

constitute a criminal act or so unprincipled or disgraceful as to be

reprehensible to a high degree; it is a WILLFUL, FLAGRANT or

SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of

respectable members of the community. (Narag vs. Narag, 1998)

Rule 1.02 – A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal system.

Rule 1.03 – A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any man’s

cause.

Rule 1.04 – A lawyer shall encourage his clients to avoid, end

or settle the controversy if it will admit of a fair settlement. If a lawyer finds that his client’s cause is defenseless, it is his

burden/duty to advise the latter to acquiesce and submit, rather than

traverse the incontrovertible.

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Code of Professional Responsibility

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,

except in rare cases where the blood, relationship or trust makes it his

duty to do so.

Temper client’s propensity to litigate.

Should not be an instigator of controversy but a mediator for concord

and conciliator for compromise.

The law violated need not be a penal law. “Moral Turpitude” –

everything which is done contrary to justice, honesty, modesty or good

morals.

Give advice tending to impress upon the client and his undertaking

exact compliance with the strictest principles of moral law.

Until a statute shall have been construed and interpreted by

competent adjudication, he is free and is entitled to advise as to its

validity and as to what he conscientiously believes to be its just

meaning and extent.

A lawyer has the obligation not to encourage suits. This is so as to

prevent barratry and ambulance chasing.

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 – Act of chasing 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).

CANON 2 – A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession.Rule 2.01 – A lawyer shall not reject, except for valid reasons,

the cause of the defenseless or oppressed.

Rule 2.02 – In such a case, even if a lawyer does not accept a

case, he shall not refuse to render legal advise to the person

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Code of Professional Responsibility

concerned if only to the extent necessary to safeguard latter’s

rights.

Rule 2.03 – a lawyer shall not do or permit to be done any act

designed primarily to solicit legal business. Primary  characteristics which distinguish the legal profession from

business;

1. duty of service, of which the emolument is a by product, and in which

one may attain the highest eminence without making such money;

2. a relation as an ‘officer of court’ to the administration of justice

involving thorough sincerity, integrity and reliability;

3. a relation to clients in the highest degree of fiduciary;

4. a relation to colleagues at the bar characterized by candor, fairness

and unwillingness to resort to current business methods of advertising

and encroachment on their practice or dealing with their clients.

Defenseless – not in the position to defend themselves due to poverty,

weakness, ignorance or other similar reasons.

Oppressed – victims of acts of cruelty, unlawful exaction, domination or

excessive use of authority.

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.

Lawyers may not advertise their services or expertise nor should not

resort to indirect advertisements for professional employment, such as

furnishing or inspiring newspaper comments, or procuring his

photograph to be published in connection with causes in which the

lawyer has been engaged or concerning the manner of their conduct,

the magnitude of the interest involved, the importance of the lawyer’s

position, and all other self-laudation.

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.

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Code of Professional Responsibility

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.

Rule 2.04 – A lawyer shall not charge rates lower than those

customarily or prescribed, unless circumstances so warrant. A lawyer cannot delay the approval of a compromise agreement

entered into between parties, just because his attorney’s fees were not

provided for in the agreement.

Rule:  A lawyer cannot compromise the case without client’s consent

(special authority). Exception:  Lawyer has exclusive management of

the procedural aspect of the litigation (e.g. Submission for decision on

the evidence so far presented. But in case where lawyer is confronted

with an emergency and prompt/urgent action is necessary to protect

clients interest and there’s no opportunity for consultation, the lawyer

may compromise.

Rule:  Refrain from charging rates lower than the customary rates.

Valid Justification:  relatives, co-lawyers, too poor

CANON 3 – A lawyer in making known is legal services shall use

only true, honest, fair dignified and objective information or

statement of facts.

Rule 3.01 – A lawyer shall not use or permit the use of any

false, fraudulent, misleading, deceptive, undignified, self-

auditory or unfair statement or claim regarding his

qualifications or legal services. Violation of Rule 3.01 is unethical, whether done by him personally or

through another with his permission.

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Code of Professional Responsibility

Rule 3.02 – In the choice of a firm name, no false, misleading,

or assumed name shall be used.  The continued use of the

name of a deceased partner is permissible provided that the

firm indicates in all its communication that said partner is

deceased.

Rule 3.03 – Where a partner accepts public office, he shall

withdraw from the firm and his name shall be dropped from

the firm name unless the law allows him to practice law

concurrently.

Rule 3.04 – A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of, or in

return for, publicity to attract legal business. It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client relationship with

the law firm.

Negligence of a member in the law firm is negligence of the firm

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