ADAMSON UNIVERSITY - COLLEGE OF LAW

BASIC LEGAL ETHICS

Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

LEGAL ETHICS Attorney in fact

• is a branch of moral science, which treats of the • an agent whose authority is strictly limited by
duties which an attorney owes to the court, to the instrument appointing him, though he may
the client, to his colleagues in the profession do things not mentioned in his appointment
and to the public as embodied in the necessary to the performance of the duties
Constitution, Rules of Court, the Code of specifically required of him by the power of
Professional Responsibility, Canons of attorney appointing him, such authority being
Professional Ethics, jurisprudence, moral laws necessarily implied. He is not necessarily a
and special laws. lawyer.

Original Bases of Legal Ethics: Counsel de Oficio

1. Canons of Professional Ethics • a counsel, appointed or assigned by the court,
2. Supreme court Decisions from among members of the Bar in good
3. Statistics standing who, by reason of their experience
4. Constitution and ability, may adequately defend the
5. Treatises and publications accused.

Present Basis of the Philippine Legal System NOTE:

• Code of Professional Responsibility. In localities where members of the Bar are not
available, the court may appoint any person,
BAR resident of the province and good repute for
• Refers to the whole body of attorneys and probity and ability, to defend the accused. Sec. 7,
body of judges. Rule 116, Rules of Court.

BENCH Attorney ad hoc

• denotes the whole body of counselors, • a person named and appointed by the court to
collectively the members of the legal defend an absentee defendant in the suit in
profession. which the appointment is made

Practice of Law Attorney of Record

• any activity, in or out of court which requires • one who has filed a notice of appearance and
the application of law, legal procedure, who hence is formally mentioned in court
knowledge, training and experience. To engage records as the official attorney of the party.
in the practice of law is to give notice or render Person whom the client has named as his
any kind of service, which or devise or service agent upon whom service of papers may be
requires the use in any degree of legal made.
knowledge or skill
Of Counsel
Abogado/Boceros • to distinguish them from attorneys of record,
• that class of persons who are licensed officers associate attorneys are referred to as “of
of the courts, empowered to appear prosecute counsel”
and defend and upon whom peculiar duties,
responsibilities, and liabilities are developed by
law as a consequence
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Lead Counsel • Admission of examinees is always subject to

• The counsel on their side of a litigated action the final approval of the court.
who is charged with the principal management
and direction of a party’s case. Practice of Law
The practice of law is a privilege granted only to
House Counsel those who possess the STRICT INTELLECTUAL AND
• Lawyer who acts as attorney for business MORAL QUALIFICATIONS required of lawyers who
though carried as an employee of that business are instruments in the effective and efficient
and not as an independent lawyer. administration of justice.

Bar Association Requirements for admission to the Bar

• an association of members of the legal 1. citizen of the Philippines
profession. Advocate – The general and 2. at least 21 years old
popular name for a lawyer who pleads on 3. of good moral character
behalf of someone else. 4. Philippine resident
5. Production before the supreme court
Admission to the Practice of Law satisfactory evidence of:
The Supreme Court has the power to control and a. good moral character
regulate the practice of law. Thus, the Constitution, b. no charges against him, involving moral
under Article VIII, Sec. 5 (5) provides: turpitude, have been filed or are pending in
Sec. 5. The Supreme Court shall have the following any court in the Philippines.
powers: (5) Promulgate rules concerning the
protection and enforcement of constitutional Requirement of Good Moral Character
rights, pleading, practice and procedure in all • a continuing requirement; good moral
courts, the admission to the practice of law, the character is not only a condition precedent for
Integrated Bar, and legal assistance to the under admission to the legal profession, but it must
privileged. also remain intact in order to maintain one’s
good standing in that exclusive and honored
The Supreme Court acts through a Bar Examination fraternity.
Committee in the Exercise of his judicial function to
admit candidates to the legal profession. Academic Requirements for Candidates
1. a bachelor’s degree in arts and sciences (pre-
The Bar Examination Committee law course)
• Composed of (1) member of the Supreme 2. a completed course in:
Court who acts as Chairman and eight (8) a. civil law
members of the bar. b. commercial law
• The 8 members act as examiners for the 8 bar c. remedial law
subjects with one subject assigned to each. d. public international law
• The Bar Confidant acts as a sort of liason e. private international law
officer between the court and the Bar f. political law
Chairman on the other hand, and the g. labor and social legislation
individual members of the committee on the h. medial jurisprudence
other. He is at the same time a deputy clerk of i. taxation
court. j. legal ethics
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Non-lawyers who may be authorized to appear in Public Officials who cannot engage in the private
court practice of Law in the Philippines
1. Cases before the MTC: Party to the litigation, in 1. Judges and other officials as employees of the
person OR through an agent or friend or Supreme Court (Rule 148, Sec. 35, RRC).
appointed by him for that purpose 2. Officials and employees of the OSG (Ibid.)
2. Before any other court: Party to the litigation, 3. Government prosecutors (People v. Villanueva,
in person 14 SCRA 109).
3. Criminal case before the MTC in a locality 4. President, Vice-President, members of the
where a duly licensed member of the Bar is not cabinet, their deputies and assistants (Art. VIII
available: the judge may appoint a non- lawyer Sec. 15, 1987 Constitution).
who is: 5. Members of the Constitutional Commission
a. resident of the province (Art IX-A, Sec. 2, 1987 Constitution)
b. of good repute for probity and ability to aid 6. Ombudsman and his deputies (Art. IX, Sec. 8
the accused in his defense (2nd par), 1987 Constitution)
4. Legal Aid Program – A senior law student, who 7. All governors, city and municipal mayors (R.A.
is enrolled in a recognized law school’s clinical No. 7160, Sec. 90). 8. Those prohibited by
education program approved by the supreme special law
Court may appear before any court without
compensation, to represent indigent clients, Public Officials with Restrictions in the Practice of
accepted by the Legal Clinic of the law school. Law
The student shall be under the direct 1. No Senator as member of the House of
supervision and control of an IBP member duly Representative may personally appear as
accredited by the law school. counsel before any court of justice as before
5. Under the Labor code, non-lawyers may the Electoral Tribunals, as quasi-judicial and
appear before the NLRC or any Labor Arbiter, if other administration bodies (Art. VI, Sec. 14,
a. they represent themselves, or if 1987 Constitution).
b. they represent their organization or 2. Under the Local Government Code (RA 7160,
members thereof Sec. 91) Sanggunian members may practice
6. Under the Cadastral Act, a non-lawyer can their professions provided that if they are
represent a claimant before the Cadastral members of the Bar, they shall not:
Court a. appear as counsel before any court in any
civil case wherein a local government unit
or any office, agency, or instrumentality of
the government is the adverse party;
b. appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of
an offense committed in relation to his
office;
c. collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official;
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

d. use property and personnel of the Code of Professional Responsibility

government except when the Sanggunian Chapter 1: Lawyer and Society
member concerned is defending the
interest of the government. CANON 1
3. Under RA 910, Sec. 1, as amended, a retired • A lawyer shall uphold the constitution, obey
justice or judge receiving pension from the the laws of the land and promote respect for
government, cannot act as counsel in any civil law and for legal processes
case in which the Government, or any of its
subdivision or agencies is the adverse party or Duties of Attorneys
in a criminal case wherein an officer or 1. to maintain allegiance to the Republic of the
employee of the Government is accused of an Philippines and to support the Constitution
offense in relation to his office. and obey the laws of the Philippines;
2. to observe and maintain the respect due to the
Attorney’s Oath courts of justice and judicial officers;
“I, __________________, do solemnly swear that I 3. to counsel or maintain such actions or
will maintain allegiance to the Republic of the proceedings only as appear to him as just, and
Philippines; I will support its constitution and obey such defenses only as he believes to be
the laws as well as the legal orders of the duly honestly debatable under the laws;
constituted authorities 4. to employ, for the purpose of maintaining the
causes confided to him, such means only as are
therein; I will do no falsehood, nor consent to the consistent with truth and honor, and never
doing of any in court; I will not willingly nor seek to mislead the judge or any judicial officer
wittingly promote or sue any groundless, false or by an artifice or false statement of fact or law;
unlawful suit, or give aid nor consent to the same; I 5. to maintain inviolate the confidence, and at
will delay no man for money or malice, and will every peril to himself, to preserve the secrets
conduct myself as a lawyer according to the best of of his client, and to accept no compensation in
my knowledge and discretion, with all good fidelity connection with his client’s business except
as well to the court as to my clients; and I impose from him or with his knowledge and approval;
upon myself this voluntary obligations without any 6. to abstain from all offensive personality and to
mental reservation or purpose of evasion. So help advance no fact prejudicial to the honor or
me God.” (Form 28, RRC) Nature of Lawyer’s Oath reputation of a party or witness, unless
required by the justice of the cause with which
• The lawyer’s oath is not mere facile words, he is charged;
drift and hollow, but a sacred trust that must 7. not to encourage either the commencement or
be upheld and kept inviolable. the continuance of an action or proceeding, or
delay any man’s cause for any corrupt motive
• It is NOT a mere ceremony or formality for or interest;
practicing law. Every lawyer should at all times 8. never to reject, for any consideration personal
weigh his actions according to the sworn to himself, the cause of the defenseless or
promises he made when taking the lawyer’s oppressed;
oath. 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
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

permits, to the end that no person may be Rule 1.02

deprived of life or liberty, but by due process • A lawyer shall not counsel or abet activities
of law. aimed at defiance of the law or at lessening
confidence in the legal system.
Rule 1.01
• A lawyer shall not engage in unlawful, Rule 1.03
dishonest, immoral or deceitful conduct. • A lawyer shall not, for any corrupt motive or
• Conviction for crimes involving moral turpitude interest, encourage any suit or proceeding or
- a number of lawyers have been suspended or delay any man’s cause.
disbarred for conviction of crimes involving
moral turpitude such as: Rule 1.04
a. Estafa • A lawyer shall encourage his clients to avoid,
b. Bribery end or settle the controversy if it will admit of
c. Murder a fair settlement.
d. Seduction
e. Abduction • If a lawyer finds that his client’s cause is
f. Smuggling defenseless, it is his burden/duty to advise the
g. falsification of public documents latter to acquiesce and submit, rather than
traverse the incontrovertible.
Morality as understood in law
• This is a human standard based on natural • It is unprofessional for a lawyer to volunteer
moral law which is embodied in man’s advice to bring a lawsuit, except in rare cases
conscience and which guides him to do good where the blood, relationship or trust makes it
and avoid evil. his duty to do so.

Moral Turpitude • Temper client’s propensity to litigate.

• anything that is done contrary to justice,
honesty, modesty or good morals. • Should not be an instigator of controversy but a
mediator for concord and conciliator for
Immoral Conduct compromise.
• that conduct which is willful, flagrant, or
shameless and which shows a moral • The law violated need not be a penal law.
indifference to the opinion of the good and
respectable members of the community • Give advice tending to impress upon the client
and his undertaking exact compliance with the
Grossly Immoral Conduct strictest principles of moral law.
• One that is so corrupt and false as to
constitute a criminal act or so unprincipled or • Until a statute shall have been construed and
disgraceful as to be reprehensible to a high interpreted by competent adjudication, he is
degree; it is a WILLFUL, FLAGRANT or free and is entitled to advise as to its validity and
SHAMELESS ACT which shows a MORAL as to what he conscientiously believes to be its
INDIFFERENCE to the opinion of respectable just meaning and extent.
members of the community.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• A lawyer has the obligation not to encourage Primary characteristics which distinguish the legal
suits. This is so as to prevent barratry and profession from business
ambulance chasing. 1. duty of service, of which the emolument is a by
product, and in which one may attain the
Barratry highest eminence without making such money;
• offense of frequently exciting and stirring up 2. a relation as an ‘officer of court’ to the
quarrels and suits, either at law or otherwise; administration of justice involving thorough
Lawyer’s act of fomenting suits among sincerity, integrity and reliability;
individuals and offering his legal services to 3. a relation to clients in the highest degree of
one of them. fiduciary;
4. a relation to colleagues at the bar
Ambulance Chasing characterized by candor, fairness and
• Act of chasing victims of accidents for the unwillingness to resort to current business
purpose of talking to the said victims (or methods of advertising and encroachment on
relatives) and offering his legal services for the their practice or dealing with their clients.
filing of a case against the persons who caused
the accidents Defenseless
• not in the position to defend themselves due
CANON 2 to poverty, weakness, ignorance or other
• A lawyer shall make his legal services available similar reasons.
in an efficient and convenient manner
compatible with the independence, integrity Oppressed
and effectiveness of the profession. • victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority.
Rule 2.01
• A lawyer shall not reject, except for valid Rule on Advertisements
reasons, the cause of the defenseless or General Rule
oppressed. • No advertisements allowed. The most worthy
and effective advertisement possible is the
Rule 2.02 establishment of a well- merited reputation for
• In such a case, even if a lawyer does not accept professional capacity and fidelity to trust.
a case, he shall not refuse to render legal • Lawyers may not advertise their services or
advise to the person concerned if only to the expertise nor should not resort to indirect
extent necessary to safeguard latter’s rights. advertisements for professional employment,
such as furnishing or inspiring newspaper
Rule 2.03 comments, or procuring his photograph to be
• a lawyer shall not do or permit to be done any published in connection with causes in which
act designed primarily to solicit legal business. 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.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Exceptions/ Permissible advertisements there’s no opportunity for consultation, the

1. Reputable law lists, in a manner consistent lawyer may compromise.
with the standards of conduct imposed by the • Refrain from charging rates lower than the
canons, of brief biographical and informative customary rates.
data, are allowed. Valid Justification:
2. Ordinary simple professional Card. It may a. Relatives
contain only a statement of his name, the b. co-lawyers
name of the law firm which he is connected c. too poor
with, address, telephone number and the
special branch of law practiced. CANON 3
3. A simple announcement of the opening of a • A lawyer in making known is legal services shall
law firm or of changes in the partnership, use only true, honest, fair dignified and
associates, firm name or office address, being objective information or statement of facts.
for the convenience of the profession, is not
objectionable. Rule 3.01
4. Advertisements or simple announcement of • A lawyer shall not use or permit the use of any
the existence of a lawyer or his law firm posted false, fraudulent, misleading, deceptive,
anywhere it is proper such as his place of undignified, self-auditory or unfair statement
business or residence except courtrooms and or claim regarding his qualifications or legal
government buildings. services.
5. Advertisements or announcement in any legal
publication, including books, journals, and legal • Violation of Rule 3.01 is unethical, whether done
magazines. by him personally or through another with his
permission.
Rule 2.04
• A lawyer shall not charge rates lower than Rule 3.02
those customarily or prescribed, unless • In the choice of a firm name, no false,
circumstances so warrant. misleading, or assumed name shall be used.
The continued use of the name of a deceased
• A lawyer cannot delay the approval of a partner is permissible provided that the firm
compromise agreement entered into between indicates in all its communication that said
parties, just because his attorney’s fees were partner is deceased.
not provided for in the agreement.
Rule 3.03
Rule • Where a partner accepts public office, he shall
• A lawyer cannot compromise the case withdraw from the firm and his name shall be
without client’s consent (special authority). dropped from the firm name unless the law
Exception: Lawyer has exclusive allows him to practice law concurrently.
management of the procedural aspect of
the litigation (e.g. Submission for decision Rule 3.04
on the evidence so far presented. But in • A lawyer shall not pay or give anything of value
case where lawyer is confronted with an to representatives of the mass media in
emergency and prompt/urgent action is anticipation of, or in return for, publicity to
necessary to protect clients interest and attract legal business.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• It is unethical to use the name of a foreign CANON 6

firm. • These canons shall apply to lawyers in
• Death of a partner does not extinguish government service in the discharge of their
attorney-client relationship with the law firm. official tasks.
• Negligence of a member in the law firm is
negligence of the firm. Public Officials
• include elective and appointive officials and
CANON 4 employees, permanent or temporary, whether
• A lawyer shall participate in the improvement in the career or non- career service, including
of the legal system by initiating or supporting military and police personnel, whether or not
efforts in law reform and in the administration they receive compensation, regardless of
of justice. amount. (Sec. 3 (b), RA 6713).

Example The law requires the observance of the following

• Presenting position papers or resolutions for norms of conduct by every public official in the
the introduction of pertinent bills in congress; discharge and execution of their official duties:
Petitions with the Supreme Court for the 1. commitment to public interest
amendment of the Rules of Court. 2. professionalism
3. justness and sincerity
CANON 5 4. political neutrality
• A lawyer shall keep abreast of legal 5. responsiveness to the public
developments, participate in continuing legal 6. nationalism and patriotism
education programs, support efforts to achieve 7. commitment to democracy
high standards in law schools as well as in the 8. simple living (Sec. 4, RA 6713)
practical training of students and assist in
disseminating information regarding the law Rule 6.01
and jurisprudence. • The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that
Objectives of integration of the Bar justice is done. The suppression of facts or the
• To elevate the standards of the legal concealment of witnesses capable of
profession establishing the innocence of the accused is
• To improve the administration of justice highly reprehensible and is cause of
• To enable the Bar to discharge its responsibility disciplinary action.
more effectively.
Rule 6.02
The three-fold obligation of a lawyer • A lawyer in the government service shall not
1. he owes it to himself to continue improving his use his public position to promote or advance
knowledge of the laws; his private interest, nor allow the latter to
2. he owes it to his profession to take an active interfere with his public duties.
interest in the maintenance of high standards
of legal education;
3. he owes it to the lay public to make the law a
part of their social consciousness.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule 6.03 • These prohibitions shall continue to apply for a

• A lawyer shall not, after leaving government period of one (1) year after resignation,
service, accept engagements or employment in retirement, or separation from public office,
connection with any matter in which he had except in the case of subparagraph (b) (2)
intervened while in said service. above, but the professional concerned cannot
practice his profession in connection with any
Various ways a government lawyer leaves matter before the office he used to be with, in
government service which case the one year prohibition shall
1. Retirement likewise apply.
2. Resignation
3. expiration of the term of office • Lawyers in the government service are
4. dismissal prohibited to engage in the private practice of
5. abandonment their profession unless authorized by the
constitution or law, provided that such practice
Q: What are the pertinent statutory provisions will not conflict or tend to conflict with their
regarding this Rule? official functions.
Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA
6713 • Misconduct in office as a public official may be
a ground for disciplinary action (if of such
Section 3 character as to affect his qualification as
• acts or omission of public officers already lawyer or to show moral delinquency).
penalized by existing law, the following shall
constitute corrupt practice of any public officer • Should recommend the acquittal of the
and are hereby declared to be unlawful: accused whose conviction is on appeal, IF he
accepting or having any member of his family finds no legal basis to sustain the conviction.
accept employment in a private enterprise
which has pending official business with him • Includes restriction is representing conflicting
during the pendency thereof or within one interest (e.g. Accepting engagements vs.
year after termination. former employer, PNB)

Section 7 • The OSG is not authorized to represent a public

• prohibits officials from doing any of the official at any state of a criminal case.
following acts: own, control, manage or accept
employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in
any private enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Chapter II The Lawyer and the Legal Profession Rule 8.01

CANON 7 • A lawyer shall not, in his professional dealings,
• A lawyer shall at all times uphold the integrity use language which is abusive, offensive or
and dignity of the legal profession, and support otherwise improper.
the activities of the integrated bar.
Rule 8.02
Rule 7.01 • A lawyer shall not, directly or indirectly,
• A lawyer shall be answerable for knowingly encroach upon the professional employment
making false statements or suppressing a of another lawyer; however, it is the right of
material fact, in connection with his any lawyer without fear or favor, to give
application for admission to the bar. proper advice and assistance to those seeking
relief against unfaithful or neglectful counsel.
Rule 7.02
• A lawyer shall not support application for • It is the duty of a lawyer to inform the SC or
admission to the bar by any person known to the IBP of such malpractice to the end that the
him or be unqualified in respect to character, malpractitioner be properly disciplined.
education, or other relevant attribute.
• Not to use in pleadings and in practice the
Rule 7.03 following: disrespectful, abusive and abrasive
• A lawyer shall not engage in conduct that language, offensive personalities, unfounded
adversely reflects on his fitness to practice law, accusations or intemperate words tending to
nor should he, whether in public or private life, obstruct, embarrass or influence the court in
behave in a scandalous manner to the discredit administering justice.
of the legal profession.
• Want of intention: not an excuse for the
• Upright character; not mere absence of bad disrespectful language used. It merely
character. extenuates liability.

• A lawyer must at all times conduct himself CANON 9

properly as not to put into question his fitness • A lawyer shall not directly or indirectly assist in
to practice law. the unauthorized practice of law.

• Avoid scandalous conduct; not only required to Rule 9.01

refrain from adulterous relationships or the • A lawyer shall not delegate to any unqualified
keeping of mistress but must also behave person the performance of any task which by
himself as to avoid scandalizing the public by law may only be performed by a member of
creating the belief that he is flouting those the bar in good standing.
moral standards.

CANON 8
• A lawyer shall conduct himself with courtesy,
fairness and candor towards his professional
colleagues, and shall avoid harassing tactics
against opposing counsel.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule 9.02 Chapter III The Lawyer and the Courts

• A lawyer shall not divide or stipulate to divide CANON 10
a fee for legal services with persons not • A Lawyer owes candor, fairness and good faith
licensed to practice law, except: to the court.
a. Where there is a pre-existing agreement,
with a partner or associate that , upon the Rule 10.01
latter’s death, money shall be paid over a • A lawyer shall not do any falsehood, nor
reasonable period of time to his estate or consent to the doing of any in court; nor shall
to the persons specified in the agreement; he mislead or allow the court to be mislead by
or any artifice.
b. Where a lawyer undertakes to complete
unfinished legal business of a deceased Rule 10.02
lawyer; or • A lawyer shall not knowingly misquote or
c. Where a lawyer or law firm includes non- misrepresent the contents of the paper, the
lawyer employees in a retirement plan, language or the argument of opposing counsel,
even if the plan is based in whole or in part or the text of a decision of authority, or
of a profit sharing arrangements. knowingly cite as law a provision already
rendered inoperative by repeal or amendment,
• Lawyer shall not negotiate with the opposite or assert as a fact that which has not been
party who is represented by a counsel. Neither approved.
should lawyer attempt to interview the
opposite party and question him as to the facts Rule 10.03
of the case even if the adverse party is willing • A lawyer shall observe the rules of procedure
to do so. and shall not misuse them to defeat the ends
of justice.
• Lawyer should deal only with counsel, even if
there’s a fair agreement. Judge-lawyer relationship
• based on independence and self- respect.
• Lawyer may however interview any witness or
prospective witness for the opposing side. Lawyer’s duty to the court
Limitation: avoid influencing witness in recital 1. respect and loyalty
and conduct. 2. fairness, truth and candor
3. no attempt to influence courts
• A lawyer must not take as partner or associate
one who:
a. is not a lawyer
b. is disbarred
c. has been suspended from the practice of
law
d. foreign lawyer, unless licensed by the SC.

• A lawyer cannot delegate his authority without

client’s consent even to a qualified person.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Cases of falsehood • As an officer of the court and in order to

1. stating in the Deed of Sale that property is free maintain the dignity and respectability of the
from all liens and encumbrances when not so legal profession, a lawyer who appears in court
2. encashing check payable to a deceased cousin must be properly attired. Consequently, the
by signing the latter’s name on the check court can hold a lawyer IN CONTEMPT of court
3. falsifying a power of attorney and using it in if he does not appear in proper attire. Any
collecting the money due to the principal deviation from the commonly accepted norm
4. alleging in one pleading that the clients were of dressing in court (barong or tie, not both) is
mere lessees and in another pleading that the enough to warrant a citing for contempt.
same clients were owners
5. presenting falsified documents in court which Rule 11.02
he knows to be false • A lawyer shall punctually appear at court
6. filing false charges on groundless suits hearings.
7. using in pleadings the IBP number of another
lawyer Rule 11.03
8. unsolicited appearances • A lawyer shall abstain from scandalous,
9. use of fictitious residence certificate offensive, or menacing language or behavior
10. misquotation/misrepresentation before the courts.
11. citing a repealed or amended provision
12. asserting a fact not proved Rule 11.04
13. verbatim reproductions down to the last word • A lawyer shall not attribute to a judge motives
and punctuation mark not supported by the record or having no
14. slight typo mistake: not sufficient to place him materiality to the case.
in contempt
Rule 11.05
CANON 11 • A lawyer shall submit grievances against a
• A lawyer shall observe and maintain the judge to the proper authorities already.
respect due to the courts and to judicial
officers and should insist on similar conduct by • A lawyer is an officer of the court. He occupies a
others. quasi-judicial office with a tripartite obligation
to the courts, to the public and to his clients.
Rule 11.01
• A lawyer shall appear in court properly attired. • The public duties of the attorney take
precedence over his private duties. His first duty
• A lawyer may NOT wear outlandish or colorful is to the courts. Where duties to the courts
clothing to court. conflict with his duties to his clients, the latter
must yield to the former.

• Lawyers must be respectful not only in actions

but also in the use of language whether in oral
arguments or in pleadings.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• Must exert efforts that others (including clients, CANON 12

witnesses) shall deal with the courts and judicial • A lawyer shall exert every effort and consider it
officers with respect. his duty to assist in the speedy and efficient
administration of justice.
• Obedience to court orders and processes.
Rule 12.01
• Criticisms of courts must not spill the walls of • A lawyer shall not appear for trial unless he has
decency. There is a wide difference between fair adequately prepared himself with the law and
criticism and abuse and slander of courts and the facts of his case, the evidence he will
judges. Intemperate and unfair criticism is a adduce and the order of its preference. He
gross violation of the duty to respect the courts. should also be ready with the original
It amounts to misconduct which subjects the documents for comparison with the copies.
lawyer to disciplinary action.
Newly hired counsel
• A mere disclaimer of any intentional disrespect • must acquaint himself with all the antecedent
by appellant is not a ground for exoneration. His proceedings and processes that have
intent must be determined by a fair transpired in the record prior to his takeover.
interpretation of the languages employed by
him. He cannot escape responsibility by claiming • If presenting documentary exhibits, he must be
that his words did not mean what any reader ready with the originals for the purpose of
must have understood them to mean. comparison with copies thereof.

• Lawyer can demand that the misbehavior of a Rule 12.02

judge be put on record. • A lawyer shall not file multiple actions arising
from the same cause.
• Lawyers must be courageous enough to expose
arbitrariness and injustice of courts and judges. Forum shopping
• omission to disclose pendency of appeal or
• A lawyer may submit grievances against judges prior dismissal of his case by a court of
in the Supreme Court, Ombudsman, or Congress concurrent jurisdiction.
(for impeachment of SC judges only).
Forum shopping exists when as a result of an
adverse opinion in one forum:
1. a party seeks favorable opinion (other than by
appeal or certiorari) in another; or
2. when he institutes two or more actions or
proceedings grounded on the same cause, on
the gamble that one or the other would make
a favorable disposition
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• The most important factor in determining the Rights and obligations of a witness
existence of forum- shopping is the VEXATION • a witness must answer questions, although his
caused the courts and party-litigants by a party answer may tend to establish a claim against
who asks different courts to rule on the same him. However, it is the right of a witness:
related causes, asking the same relief. a. to be protected from irrelevant, improper,
or insulting questions and from harsh or
• Forum shopping constitutes DIRECT CONTEMPT insulting demeanor;
of court and may subject the offending lawyer b. not to be detained longer than the interest
to disciplinary action. of justice requires;
c. not to be examined except only as to
Rule 12.03 matters pertinent to the issue;
• A lawyer shall not, after obtaining extensions of d. not to give any answer which will tend to
time to file pleadings, memoranda or briefs, let subject him to a penalty for an offense
the period lapse without submitting the same or unless otherwise provided by law, or
offering an explanation for his failure to do so. e. nor to give answer which will tend to
degrade his reputation, unless it be to the
• Asking for extension of time must be in good very fact at issue or to a fact from which the
faith. fact in issue would be presumed. But a
witness must answer to the fact of his
Rule 12.04 previous final conviction for an offense.
• A lawyer shall not unduly delay a case, impede (Rule 132, Sec. 3, RRC)
the execution of a judgment or misuse court
processes. Rule 12.08
• A lawyer shall avoid testifying in behalf of his
Rule 12.05 client, except:
• A lawyer shall refrain from talking to his witness a. on formal matters, such as the mailing,
during a break or recess in the trial, while the authentication or custody of an instrument
witness is still under examination. and the like:
b. on substantial matters, in cases where his
Rule 12.06 testimony is essential to the ends of justice,
• A lawyer shall not knowingly assist a witness to in which event he must, during his
misrepresent himself or to impersonate testimony, entrust the trial of the case to
another. another counsel.

Rule 12.07
• A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

CANON 13 Chapter IV The Lawyer and the Client

• A lawyer shall rely upon the merits of his cause CANON 14
and refrain from any impropriety which tends • A Lawyer shall not refuse his services to the
to influence, or gives the appearance of needy.
influencing the court.
Rule 14.01
Rule 13.01 • A lawyer shall not decline to represent a
• A lawyer shall not extend extraordinary person solely on account of the latter’s race,
attention or hospitality to, nor seek sex, creed or status of life, or because of his
opportunity for, cultivating familiarity with own opinion regarding the guilt of said person.
judges.
Rule 14.02
Rule 13.02 • A lawyer shall not decline, except for serious
• A lawyer shall not make public statements in and sufficient cause, an appointment as
the media regarding a pending case tending to counsel de oficio or as amicus curae or a
arouse public opinion for or against a party. request from the Integrated Bar of the
Philippines or any of its chapters for rendition
Rule 13.03 of free legal aid.
• A lawyer shall not brook or invite interference
by another branch or agency of the Rule 14.03
government in the normal course of judicial • A lawyer may refuse to accept representation
proceedings. of a client if:
a. He is not in position to carry out the work
• The judge has the corresponding duty not to effectively and competently.
convey or permit others to convey the b. He labors under conflict of interest between
impression that they are in a special position to him and the prospective client or between a
influence the judge. present client and the prospective client.

• Discussing cases with the judge privately should Rule 14.04

be avoided. • A lawyer who accepts the cause of a person
unable to pay his professional fees shall
• Test when public statement is contemptuous: observe the same standard of conduct
The character of the act done and its direct governing his relations with paying clients.
tendency to prevent and obstruct the discharge
of official duty. Duties to Client
1. owe utmost learning and ability
• To warrant a finding of “prejudicial publicity”, 2. maintain inviolate the confidence of the client
there must be an allegation and proof that the 3. disclose all circumstances/interest regarding
judges have been unduly influenced, not simply the controversy
that they might be, by the “barrage” of publicity. 4. undivided loyalty
5. not reject cause of defenseless and oppressed
6. candor, fairness and loyalty
• Lawyer is equally guilty as the client if he 7. hold in trust money or property
induces the latter to cause the publicity. 8. respond with zeal to the cause of the client
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Appointment of Amicus Curae Requisites of Privileged Communication

1. by application to the judge 1. Attorney - Client Relationship (or a kind of
2. the judge on his own initiative may invite the consultancy relationship with a prospective
lawyer client
3. no right to interfere with or control the 2. Communication made by client to lawyer in
condition of the record, no control over the the course of lawyer’s professional
suit employment
3. Communication is intended to be confidential
• Cannot refuse on the ground of insufficient of (see Rule 130, Sec. 21(b), Rules of Court)
compensation or lack of it
When communication is not privileged:
CANON 15 1. after pleading has been filed
• A lawyer shall observe candor, fairness and 2. communication intended by the client to be
loyalty in all his dealings and transactions with sent to a third person through his counsel (it
his client. loses its confidential character as soon as it
reaches the hands of third person)
Rule 15.01
• A lawyer in conferring with a prospective • Even if the communication is unprivileged, the
client, shall ascertain as soon as practicable rule of ethics prohibits him from voluntarily
whether the matter would involve a conflict revealing or using to his benefit or to that of a
with another client or his own interest, and if third person, to the disadvantage of the client,
so, shall forthwith inform the prospective the said communication unless the client
client. consents thereto.

Rule 15.02 • This is applicable to students under the Student

• A lawyer shall be bound by the rule on Practice Law Program
privilege communication in respect of matters
disclosed to him by a prospective client. Rule 15.03
• A lawyer shall not represent conflicting
Rule on Revealing Client’s Identity interests except by written consent of all
General Rule concerned given after a full disclosure of the
• A lawyer may not invoke privilege facts.
communication to refuse revealing a client’s
identity.
Exceptions
1. When by divulging such identity, it would
implicate the client to that same controversy
for which the lawyer’s services were required.
2. It would open client to civil liability
3. The disclosure of such identity will provide for
the only link in order to convict the accused,
otherwise, the government has no case.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule on Conflicting Interest Rule 15.06

• It is generally the rule based on sound public • A lawyer shall not state nor imply that he is
policy that an attorney cannot represent able to influence any public official, tribunal or
adverse interest. It is highly improper to legislative body.
represent both sides of an issue. The
proscription against representation of Rule 15.07
conflicting interest finds application where the • A lawyer shall impress upon his client
conflicting interest arises with respect to the compliance with the laws and the principles of
same general matter and is applicable however fairness.
slight such adverse interest may be. It applies
although the attorney’s intention and motives Rule 15.08
were honest and he acted in good faith. • A lawyer who is engaged in another profession
However, representation of conflicting interest or occupation concurrently with the practice of
may be allowed where the parties consent to law shall make clear to his client whether he is
the representation after full disclosure of facts. acting as a lawyer or in another capacity.

General Rule • Lawyers should refrain from giving any advice

An attorney cannot represent adverse interest. unless they have obtained sufficient
understanding of their client’s cause. A careful
Exception investigation and examination of the facts
Where the parties consent to the representation must first be had before any legal opinion be
after full disclosure of facts. given by the lawyer to the client.

• The test in determining Conflicting Interest: • To avoid breach of legal ethics, a lawyer should
The test is whether or not the acceptance of a keep any business, in which is engaged in
new relation will prevent an attorney from the concurrently with the practice of law, entirely
full discharge of his duty of individual fidelity separate and apart from the latter.
and loyalty to his client or invite suspicion of
unfaithfulness in double-dealing in the CANON 16
performance thereof.(Tiana vs. Ocampo • A lawyer shall hold in trust all moneys and
properties of his client that may come into his
Rule 15.04 possession.
• A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or Rule 16.01
arbitrator in settling disputes. • A lawyer shall account for all money or
property collected or received for or from the
Rule 15.05 client.
• A lawyer, when advising his client, shall give a
candid and honest opinion on the merits and Rule 16.02
probable results of the client’s case, neither • A lawyer shall keep the funds of each client
overstating nor understating the prospects of separate and apart from his own and those of
the case. others kept by him.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule 16.03 Rule 16.04

• A lawyer shall deliver the funds and property • A lawyer shall not borrow money from his
of his client when due or upon demand. client unless the client’s interests are fully
However, he shall have a lien over the funds protected by the nature of the case or by
and may apply so much thereof as may be independent advice. Neither shall a lawyer
necessary to satisfy his lawful fees and lend money to a client except, when in the
disbursements, giving notice promptly interest of justice, he has to advance necessary
thereafter to his client. He shall also have a lien expenses in the legal matter he is handling for
to the same extent on all judgments and the client.
executions he has secured for his client as
provided for the Rules of Court. • Attorney’s lien is not an excuse for non-
rendition of accounting
Attorneys’ Liens
• an attorney shall have a lien upon the funds, • Cannot disburse client’s money to client’s
documents and papers of his client which have creditors without authority.
lawfully come into his possession and may
retain the same until his lawful fees and • Failure to deliver upon demand gives rise to the
disbursements have been paid, and may apply presumption that he has misappropriated the
such finds to the satisfaction thereof. He shall funds for his own use to the prejudice of the
also have a lien to the same extent upon all client and in violation of the trust reposed in
judgements for the payment of money, and him.
executions issued in pursuance of such
judgements which he has secured in a • Notify client if retaining lien shall be
litigation of his client, from and after the time implemented
when he shall have caused a statement of his
claim of such lien to be entered upon the • When a lawyer enforces a charging lien against
records of the court rendering such his client, the client-lawyer relationship is
judgement, or issuing such execution, and shall terminated.
have caused written notice thereof to be
delivered to his client and to the adverse party; • The principle behind Rule 16.04 is to prevent the
and he shall have the same right and power lawyer from taking advantage of his influence
over such judgments and executions as his over the client or to avoid acquiring a financial
client would have to enforce his lien and interest in the outcome of the case.
secure the payment of his fees and
disbursements. (Sec, 37, Rule 138, RRC) CANON 17
• A lawyer owes fidelity to the cause of his client
and he shall be mindful of the trust and
confidence reposed in him.

• No fear of judicial disfavor or public popularity

should restrain him from full discharge of his
duty.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• It is the duty of the lawyer at the time of Competence

retainer to disclose to the client all the • sufficiency of lawyer’s qualification to deal
circumstances of his relations to the parties and with the matter in question and includes
any interest in, or connection with, the knowledge and skill and the ability to use them
controversy which might influence the client in effectively in the interest of the client.
the selection of counsel.
• A lawyer must keep himself constantly abreast
• The lawyer owes loyalty to his client even after with the trend of authoritative pronouncements
the relation of attorney and client has and developments in all branches of law.
terminated. It is not good practice to permit him
afterwards to defend in another case other • There must be extraordinary diligence in
persons against his former client under the prosecution or defense of his client’s cause.
pretext that the case is distinct from and
independent of the former case. • If a lawyer errs like any other human being, he is
not answerable for every error or mistake, and
CANON 18 will be protected as long as he acts honestly and
• A lawyer shall serve his client with competence in good faith to the best of his skill and
and diligence. knowledge.

Rule 18.01 • Lawyer is not an insurer of the result in a case

• A lawyer shall not undertake a legal service where he is engaged in the counsel.
which he knows or should know that he is not
qualified to render. However, he may render CANON 19
such service if, with the consent of his client, • A lawyer shall represent his client with zeal
he can obtain as collaborating counsel a lawyer within the bounds of the law.
who is competent on the matter.
Rule 19.01
Rule 18.02 • A lawyer shall employ only fair and honest
• A lawyer shall not handle any legal matter means to attain the lawful objectives of his
without adequate preparation. client and shall not present, participate in
presenting or threaten to present unfounded
Rule 18.03 criminal charges to obtain an improper
• A lawyer shall not neglect a legal matter advantage in any case or proceeding.
entrusted to him and his negligence in
connection therewith shall render him liable. Rule 19.02
• A lawyer who has received information that his
Rule 18.04 client has, in the course of the representation,
• A lawyer shall keep the client informed of the perpetuated a fraud upon a person or tribunal,
status of his case and shall respond within a shall promptly call upon the client to rectify
reasonable time to the client’s request for the same, and failing which he ha to terminate
information. the relationship with such client in accordance
with the Rules of Court.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule 19.03 Attorney’s Fees

• A lawyer shall not allow his client to dictate the 1. Ordinary attorney’s fee -the reasonable
procedure in handling the case. compensation paid to a lawyer by his client for
the legal services he has rendered to the latter.
General Rule The basis for this compensation is the fact of
• Negligence binds client his employment by and his agreement with the
client.
Exception 2. Extraordinary attorney’s fee – an indemnity
• Reckless imprudence (deprives client of due for damages ordered by the court to be paid by
process) Results in outright deprivation of the losing party in litigation. The basis for this
one’s property through technicality is any of the cases provided for by law where
such award can be made, such as those
• Must not present in evidence any document authorized in Article 2208 of the Civil Code,
known to be false; nor present a false witness. and is payable NOT to the lawyer but to the
client, unless they have agreed that the award
• Negative pregnant is improper since it is an shall pertain to the lawyer as additional
ambiguous pleading (improper if in bad faith compensation or as part thereof.
and the purpose is to confuse the other party)
How attorney’s fees may be claimed by the lawyer
In defense 1. It may be asserted either in the very action in
• present every defense the law permits. which the services of a lawyer had been
rendered or in a separate action.
• Lawyer should do his best efforts to restrain and 2. A petition for attorney’s fees may be filed
to prevent his clients from perpetrating acts before the judgment in favor of the client is
which he himself ought not to do. Or else, satisfied or the proceeds thereof delivered to
withdraw. But lawyer shall not volunteer the the client.
information about the client’s commission of 3. The determination as to the propriety of the
fraud to anyone – counter to duty to maintain fees or as to the amount thereof will have to
client’s confidence and secrets. be held in abeyance until the main case from
which the lawyer’s claim for attorney’s fees
CANON 20 may arise has become final. Otherwise, the
• A lawyer shall charge only fair and reasonable determination of the courts will be premature.
fees. Rule 20.01 – A lawyer shall be guided by
the following factors in determining his fees:
a. The time spent and the extent of the
services rendered or required.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Kinds of Retainer Agreements on Attorney’s fees e. The amount involved in the controversy and
1. General Retainer or Retaining Fee – it is the the benefits resulting to the client from the
fee paid to a lawyer to secure his future services;
services as general counsel for any ordinary f. The contingency or certainty of compensation;
legal problem that may arise in the ordinary g. The character of the employment, whether
business of the client and referred to him for occasional or established; and
legal action; h. The professional standing of the lawyer.
2. Special Retainer – that is a fee for a specific
case or service rendered by the lawyer for a Kinds of Payment which may be stipulated upon
client 1. a fixed or absolute fee which is payable
regardless of the result of the case
Quantum Meruit 2. a contingent fee that is conditioned to the
• it means “as much as he deserves”, and is used securing of a favorable judgment and recovery
as the basis for determining the lawyer’s of money or property and the amount of which
professional fees in the absence of a contract, but may be on a percentage basis
recoverable by him from his client. 3. a fixed fee payable per appearance
4. a fixed fee computed by the number of hours
Quantum Meruit is resorted to where: spent
1. there is no express contract for payment of 5. a fixed fee based on a piece of work ability.
attorney’s fees agreed upon between the
lawyer and the client; Rule 20.02
2. when although there is a formal contract for • A lawyer shall, in cases of referral, with the
attorney’s fees, the stipulated fees are found consent of the client, be entitled to a division
unconscionable or unreasonable by the court. of fees in proportion to the work performed
3. When the contract for attorney’s fees is void and responsibility assumed.
due to purely formal matters or defects of
execution Rule 20.03
4. When the counsel, for justifiable cause, was • A lawyer shall not, without the full knowledge
not able to finish the case to its conclusion and consent of the client, accept any fee,
5. When lawyer and client disregard the contract reward, costs, commission, interest, rebate or
for attorney’s fees. forwarding allowance or other compensation
whatsoever related to his professional
Skill: length of practice is not a safe criterion of employment from anyone other than the
professional client.
a. The novelty and difficulty of the questions
involved; The importance of the subject Rule 20.04
matter; • A lawyer shall avoid controversies with clients
b. The skill demanded; concerning his compensation and shall
c. The probability of losing other employment as resortto judicial action only to prevent
a result of acceptance of the proffered case; imposition, injustice or fraud.
d. The customary charges for similar services and
the schedule of fees of the IBP chapter to Unauthorized counsel
which he belongs; • Not entitled to attorney’s fees.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

• Stipulation regarding payments of attorney’s • A lawyer should try to settle amicably any
fees is not illegal/immoral and is enforceable differences on the subject. A lawyer has 2
as the law between the parties provided such options. Judicial action to recover attorney’s
stipulation does not contravene law, good fees:
morals, etc. a. In same case: Enforce attorney’s fees by
filing an appropriate motion or petition as
• When counsel cannot recover full amount an incident to the main action where he
despite written contract for attorneys’ fees: rendered legal services.
a. When he withdraws before the case is b. In a separate civil action.
finished
b. justified dismissal of attorney (payment: in CANON 21
quantum meruit only) • A lawyer shall preserve the confidences and
secrets of his client even after the attorney-
• The reason for the award of attorney’s fees client relation is terminated.
must be stated in the text of the decision;
otherwise, if it is stated only in the dispositive Confidence
portion of the decision, the same must be • refers to information protected by the
disallowed on appeal. attorney-client privilege (RRC)

• Even though the interest or property involved is Secret

of considerable value, if the legal services • refers to other information gained in the
rendered do not call for much efforts there is no professional relationship that the client has
justification for the award of high fees. regulated to be held inviolate or the disclosure
of which would be embarrassing or would
Champertous Contracts (void) likely be detrimental to the client.
• Lawyer stipulates with his client that in the
prosecution of the case, he will bear all the • An attorney cannot, without the consent of his
expenses for the recovery of things or property client, be examined as to any communication
being claimed by the client and the latter made by the client to him, or his advice given
agrees to pay the former a portion of the thereon in the course of professional
thing/property recovered as compensation. employment; nor can an attorney’s secretary,
stenographer, or clerk be examined, without
• Compensation to an attorney for merely the consent of the client and his employees,
recommending another lawyer is improper concerning any fact the knowledge of which
(agents) has been acquired in such capacity (Rule 130,
Sec. 21 (b), RRC)
• Attorney’s fees for legal services shared or
divided to non-lawyer is prohibited. Division of • The mere establishment of a client-lawyer
fees is only for division of service or relationship does not raise a presumption of
responsibility. confidentiality. There must be an intent or that
the communication relayed by the client to the
lawyer be treated as confidential.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Rule 21.01 2. client jumped bail and lawyer knows his

- A lawyer shall not reveal the confidences or whereabouts; or client is living somewhere
secrets of his client except: under an assumed name
a. When authorized by the client after 3. Communication involves the commission of
acquainting him of the consequences of the future fraud or crime but crimes/frauds
disclosure: “already committed” falls within the privilege.
b. When required by law;
c. When necessary to collect his fees or to Rule 21.02
defend himself, his employees or associates - A lawyer shall not, to the disadvantage of his
or by judicial action. client, use information acquired in the course
of employment, nor shall he use the same to
• When properly authorized after having been his own advantage or that of a third person,
fully informed of the consequences to reveal his unless the client with full knowledge of the
confidences/secrets, then there is a valid waiver. circumstances consents thereto.

• Art. 209. Betrayal of Trust by an Attorney or Rule 21.03

Solicitor. Revelation of secrets. In addition to the - A lawyer shall not, without the written consent
proper administrative action, the penalty of of his client, give information from his files to
prision correccional in its minimum period, or a an outside agency seeking such information for
fine ranging from P200 to P1000, or both, shall auditing, statistical, bookkeeping, accounting,
be imposed upon any attorney at law or solicitor data processing, or any other similar purposes.
who, by any malicious break of professional duty
as inexcusable negligence or ignorance, shall Rule 21.04
prejudice his client, or reveal any of the secrets - A lawyer may disclose the affairs of a client of
of the latter learned by him in his professional the firm to partners or associates thereof
capacity. unless prohibited by the client.

• The same penalty shall be imposed upon an Rule 21.05

attorney at law or solicitor who, having - A lawyer shall adopt such measures as may be
undertaken the defense of a client, or having required to prevent those whose services are
received confidential information from said utilized by him, from disclosing or using
client in a case, shall undertake the defense of confidences or secrets of the client.
the opposing party in the same case, without
the consent of his first client (Rule 209, RPC) Rule 21.06
- A lawyer shall avoid indiscreet conversation
General Rule about a client’s affairs even with members of
- Obligation to keep secrets covers only lawful his family.
purposes
Rule 21.07
Exceptions: - A lawyer shall not reveal that he has been
1. announcements of intention of a client to consulted about a particular case except to
commit a crime avoid possible conflict of interest.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Avoid committing calculated indiscretion • In withdrawal as counsel for a client, an attorney

- accidental revelation of secrets obtained in his may only retire from a case either by written
professional employment. consent of his client or by permission of the
court after due notice and hearing, in which
• Prohibition applies, even if the prospective event the attorney should see to it that the
client did not thereafter actually engage the name of the new attorney is recorded in the
lawyer. case.

CANON 22 • An attorney who could not get the written

- A lawyer shall withdraw his services only for consent of his client must make an application
good cause and upon notice appropriate in the to the court, for the relation does not terminate
circumstances. formally until there is a withdrawal of record.
Counsel has no right to presume that the court
Rule 22.01 would grand his withdrawal and therefore must
- A lawyer may withdraw his services in any of still appear on the date of hearing.
the following cases:
a. When the client pursues an illegal or Requirements for the Substitution of Counsel in a
immoral course of conduct in connection Case
with the matter he is handling; 1. written application
b. When the client insists that the lawyer 2. written consent of client
pursue conduct violative of these canons 3. written consent of attorney to be substituted
and rules; 4. if the consent of the attorney to be substituted
c. When his inability to work with co-counsel cannot be obtained, there must be at least a
will not promote the best interest of the proof of notice that the motion for substitution
client; has been served upon him, in the manner
d. When the mental or physical condition of prescribed by the rules.
the lawyer renders it difficult for him to
carry out the employment effectively; • A lawyer cannot recover compensation from
e. When the client deliberately fails to pay one who did not employ or authorize his
the fees for the services or fails to comply employment, however valuable the results of his
with the retainer agreement; services may have been to such person. In
f. When the lawyer is elected or appointed to similar cases, no compensation when:
a public office, and a. client conducts himself in a manner which
g. Other similar cases tends to degrade his attorney;
b. client refuses to extend cooperation;
Rule 22.02 c. client stops having contact with him.
- A lawyer who withdraws or is discharged shall
subject to a retaining lien, immediately turn • The right of a client to terminate a lawyer is
over all papers and property to which the absolute. Such termination may be with or
client is entitled, and shall cooperate with his without cause.
successor in the orderly transfer of the matter,
including all information necessary for the
proper handling of the matter.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Liabilities of Lawyers Acts Constituting Contempt

Civil Liability 1. Misbehavior
1. Client is prejudiced by lawyer’s negligence or 2. Disobedience
misconduct 3. Publication concerning pending litigation
2. Breach of fiduciary obligation 4. Publication tending to degrade the court;
3. Civil liability to third persons disrespectful language inpleadings
4. Libelous words in pleadings; violation of 5. Misleading the court or obstructing justice
communication privilege 6. Unauthorized practice of law
5. Liability for costs of suit (treble costs) – when 7. Belligerent attitude
lawyer is madeliable for insisting on client’s 8. Unlawful retention of client’s funds
patently unmeritorious case or interposing
appeal merely to delay litigation Administrative Liabilities of lawyers
Main Objectives of Disbarment and Suspension
Criminal Liability 1. to compel the attorney to deal fairly and
1. Prejudicing client through malicious breach of honestly with his clients;
professional duty 2. to remove from the profession a person whose
2. Revealing client’s secrets misconduct has proved him unfit to be
3. Representing adverse interests entrusted with the duties and responsibilities
4. Introducing false evidence belonging to the office of an attorney;
5. Misappropriating client’s funds (estafa) 3. to punish the lawyer;
4. to set an example or a warning for the other
Contempt of Court members of the bar; 5. to safeguard the
Kinds of Contempt administration of justice from incompetent
1. Direct – consists of misbehavior in the and dishonest lawyers; 6. to protect the public
presence of or so near a court or judge as to
interrupt or obstruct the proceedings before Characteristics of Disbarment Proceedings
the court or the administration of justice; 1. Neither a civil nor criminal proceedings;
punished summarily. 2. Double jeopardy cannot be availed of in a
2. Indirect – one committed away from the court disbarment proceeding;
involving disobedience of or resistance to a 3. It can be initiated motu propio by the SC or
lawful writ, process, order, judgment or IBP. It can be initiated without a complaint;
command of the court, or tending to belittle, 4. It is imprescriptible;
degrade, obstruct, interrupt or embarrass the 5. Conducted confidentially;
court. 6. It can proceed regardless of the interest of the
3. Civil - failure to do something ordered by the lack thereof on the part of the complainant;
court which is for the benefit of a party. 7. It constitutes due process.
4. Criminal – any conduct directed against the
authority or dignity of the court.
 ADAMSON UNIVERSITY - COLLEGE OF LAW
BASIC LEGAL ETHICS
Neil Bryan R. Pablo | Atty. Suzy Claire Selleza

Grounds for Disbarment or Suspension Officers authorized to investigate Disbarment

1. deceit; cases
2. malpractice or other gross misconduct in 1. Supreme Court
office; 2. IBP through its Commission on Bar Discipline
3. grossly immoral conduct; or authorized investigator
4. conviction of a crime involving moral 3. Office of the Solicitor General
turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a
superior court;
7. corrupt or willful appearance as attorney for a
party to case without authority to do so (Sec.
27, Rule 138, RRC)

Procedure for Disbarment

1. Institution either by:
2. the Supreme Court, motu proprio, or
3. the IBP, motu proprio, or
4. upon verified complaint by any person
5. Six copies of the verified complaint shall be
filed with the Secretary of the IBP or Secretary
of any of its chapter and shall be forwarded to
the IBP Board of Governors.
6. Investigation by the National Grievance
Investigators.
7. Submission of investigative report to the IBP
Board of Governors.
8. Board of Governors decides within 30 days.
9. Investigation by the Solicitor-General
10. Supreme Court renders final decision for
disbarment/suspension/dismissal.

Quantum of Proof Required

1. Clear
2. Convincing
3. Satisfactory evidence

Burden of Proof
Rests on the complainant, the one who instituted
the suit