LAWYER’S OATH CANON NOTES

CHAPTER I – THE LAWYER AND SOCIETY

I will support the Constitution and 1 – A lawyer shall uphold the Constitution, In relation to Canon 5: This duty
obey the laws as well as the legal obey the laws of the land, and promote carries with it the obligation to be
orders of the duly constituted respect for law and legal processes well-informed of the existing laws
authorities therein and to keep abreast with legal
developments, recent enactments
and jurisprudence. It is imperative
that they be conversant with basic
legal principles.
2 – A lawyer shall make his legal services A lawyer shall not do or permit to be
in an efficient and convenient manner done any act designed primarily to
compatible with the independence, solicit legal business. Thus,
integrity, and effectiveness of the ambulance chasing, or the
profession. solicitation of almost any kind of
business by an attorney, personally,
or through an agent, in order to gain
employment, is proscribed.
3 – A lawyer in making known his legal Lawyers are reminded that practice
services shall use only true, honest, fair, of law is a profession and not a
dignified, and objective information or business; lawyers should not
statement of facts. advertise their talents as merchants
advertise their wares. To allow a
lawyer to advertise his talent or skill
is to commercialize the practice of
law, degrade the profession in the
public’s estimation and impair its
ability to efficiently render that high
character of service to which every
member of the bar is called.
A lawyer’s best advertisement is a
well-merited reputation for
professional capacity and fidelity to
trust based on his character and
conduct.
4 – A lawyer shall participate in the
development of the legal system by
initiating or supporting efforts in law reform
and in the improvement of the
administration of justice.
5 – A lawyer shall keep abreast of legal
developments, participate in continuing
legal education programs, support efforts to
achieve high standards in law schools as
well as in the practical training of law
students and assist in disseminating
information regarding the law and
jurisprudence.
6 – These canons shall apply to lawyers in A lawyer, shall not, after leaving
government service in the discharge of government service accept
their official tasks. engagement in connection with any
matter in which he had intervened
while in said service.
Rationale: The “revolving door” – the
process by which lawyers
temporarily enter government
 service from private life then leave it
for large fees in private practice,
where they can exploit information,
contacts, and influence garnered in
government service. To address
this, the disqualification of a former
government lawyer who has entered
private practice may be sought
based either on “adverse-interest
conflict” or “congruent-interest
conflict.”
In the adverse-interest conflict, a
former government lawyer is
enjoined from representing a client
in private practice if the matter is
substantially related to a matter that
a lawyer dealt with while employed
by a government and if the interest
of the current and former clients is
adverse.
In congruent-interest conflict, the
disqualification does not really
involve a conflict at all, because it
prohibits the lawyer from
representing a private practice client
even if the interest of the former
government client and the new client
are entirely parallel.

CHAPTER II – THE LAWYER AND THE LEGAL PROFESSION

CANON NOTES
7 – A lawyer shall at all times uphold A lawyer shall not engage in conduct
the integrity and dignity of the legal that adversely reflects on his fitness to
profession and support the activities of practice law, nor shall he whether in
the integrated bar. public or private life, behave in a
scandalous manner to the discredit of
the legal profession.
8 – A lawyer shall conduct himself with
courtesy, fairness, and candor towards
his professional colleagues, and shall
avoid harassing tactics against
opposing counsel.
9 – A lawyer shall not directly or A lawyer shall not delegate to any
indirectly, assist in the unauthorized unqualified person the performance of
practice of law. any task which by law may only be
performed by a member of the bar in
good standing.

Ratio: Public policy requires that the

practice of law be limited to those
individuals found duly qualified in
education and character.
 CHAPTER III – THE LAWYER AND THE COURTS
LAWYER’S OATH CANON NOTES
I will do no falsehood, nor consent to 10 – A lawyer owes candor, fairness, A lawyer shall observe the rules of
the doing of any in court and good faith to the court. procedure and shall not misuse them
to defeat the ends of justice.

Ratio: Objective of the Rules of Court

to promote a just, speedy, and
inexpensive disposition of every action
and preceding.
I will not wittingly or willingly promote 11 – A lawyer shall observe and A lawyer shall submit grievances
or sue any groundless, false or maintain respect due to the courts and against a Judge to the proper
unlawful suit, or give aid nor consent to to judicial officers and should insist on authorities only.
the same. similar conduct by others.
12 – A lawyer shall exert every effort A lawyer shall not file multiple actions
and consider it his duty to assist in the arising from the same cause. There is
speedy and efficient administration of forum shopping when the elements of
justice. litis pendentia are present or where a
final judgement in one case will
amount to res judicata in another.
They are as follows:
a. Identity of parties, or at least
such parties that represent the
same interest in both actions;
b. Identity of rights or causes of
action; and
c. Identity of relief sought.

A lawyer shall not unduly delay a case,

impede the execution of a judgement
or misuse the Court processes.

13 – A lawyer shall rely upon the merits A lawyer shall not make public
of his cause and refrain from any statements in the media regarding a
impropriety which tends to influence, pending case tending to arouse public
or gives the appearance of influencing opinion for or against a party.
the court.
Sub Judice Rule – restricts comments
and disclosures pertaining to pending
judicial proceedings. The restriction
applies to litigants and witnesses, the
public in general, and most especially
to members of the Bar and the Bench.
 CHAPTER IV – THE LAWYER AND THE CLIENT
LAWYER’S OATH CANON NOTES
14 – A Lawyer shall not refuse his
services to the needy.
I will delay no man for money or 15 – A lawyer shall observe candor, Another test of the inconsistency of
malice, and will conduct myself as a fairness, and loyalty in all his dealings interest is whether the acceptance of a
lawyer according to the best of my and transaction with his clients. new relation will prevent an attorney
knowledge and discretion, with all from full discharge of his duty of
good fidelity as well to the courts as to (In engaging the services of an undivided fidelity and loyalty to his
my clients. attorney, the client reposes on him client or invite suspicion of
special powers of trust and unfaithfulness or double-dealings in
confidence. Their relationship is strictly the performance thereof.
personal and highly confidential and
fiduciary) A lawyer must secure the written
consent of all concerned parties after
full disclosure of the facts; failure to do
so would subject him to disciplinary
action as he would be found guilty of
representing conflicting interests.
16 – A lawyer shall hold in trust all The highly fiduciary nature of this
moneys and properties of his client relationship imposes upon the lawyer
that may come into his possession. the duty to account for the money or
property collected and received for or
from his client. Thus, a lawyer’s failure
to return upon demand the funds held
by him on behalf of his client, as in this
case, gives rise to the presumption
that he has appropriated the same for
his own use in violation of the trust
reposed in him by his client.
17 – A lawyer owes fidelity to the
cause of his client and he shall be
mindful of the trust and confidence
reposed in him.
18 – A lawyer shall serve his client with Once a lawyer takes up the cause of
competence and diligence. his client, he is duty-bound to serve the
latter with competence, and to attend
to such client’s cause with diligence,
care, and devotion whether he accepts
it for a fee or for free.
19 – A lawyer shall represent his client A lawyer’s duty is not to his client but
with zeal and within the bounds of the to the administration of justice; to that
law. end, his client’s success is wholly
subordinate; and his conduct ought to
and must always be rigorously
observant of law and ethics.
20 – A lawyer shall charge only fair and Generally, the amount of attorney’s
reasonable fees. fees due is that stipulated in the
retainer agreement which is
conclusive as to the amount of the
lawyer’s compensation. In the
absence thereof, the amount of
attorney’s fees is fixed on the basis of
quantum meruit, i.e., the reasonable
worth of the attorney’s services.

Champertous contract is defined as a

contract between a stranger and a
party to a lawsuit, whereby the
stranger pursues the party’s claim in
consideration of receiving part or any
 of the proceeds recovered under the
judgement.

Ratio for prohibition: To prevent a

lawyer from acquiring an interest in the
subject of the litigation and to avoid a
conflict of interest between him and his
client.
21 – A lawyer shall preserve the Factors essential to establish the
confidences and secrets of his client existence of said privilege:
even after the attorney-client a. There is exists an attorney-
termination is terminated. client privilege, or a
prospective attorney-client
relationship, and it is by
reason of this relationship that
the client made the
communication;
NOTE: Matters disclosed by a
prospective client to a lawyer are
protected by the rule on privileged
communication even if the prospective
client does not thereafter retain the
lawyer or the latter declines the
employment. (Rationale: To allow the
prospective client to freely discuss
whatever he wishes with the lawyer
without fear that what he tells the
lawyer will be divulged or used against
him, and for the lawyer to be equally
free to obtain information from the
prospective client.)

b. The client made the

communication in confidence;
c. The legal advice must be
sought from the attorney in his
professional capacity
22 – A lawyer shall withdraw his
services only for good cause and upon
notice, appropriate in the
circumstances.
 ATTORNEY-CLIENT PRIVILEGE UNDER THE RULES ON EVIDENCE
An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without
the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice
given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer,
or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer,
concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases:
Furtherance of crime or fraud If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to
commit what the client knew or reasonably should have
known to be a crime or fraud.
Claimants through same deceased client As to a communication relevant to an issue between parties
who claim through the same deceased client, regardless of
whether the claims are by testate or an intestate or by inter
vivos transaction.
Breach of duty by lawyer or client As to a communication relevant to an issue of breach of
duty by the lawyer to his or her client, or by the client to his
or her lawyer.
Document attested by the lawyer As to a communication relevant to an issue concerning an
attested document to which the lawyer is an attesting
witness.
Joint clients As to a communication relevant to a matter of common
interest between two or more clients if the communication
was made by an of them to a lawyer retained or consulted
in common, when offered in an action between any of the
clients, unless they have expressly agreed otherwise.