Canons of Professional Ethics
Canons of Professional Ethics
Canons of Professional Ethics
PREAMBLE
No code or set of rules can be framed, which will particularize all the duties of
the lawyer in the varying phase of litigation or in all the relations of professional
life. The following canons of ethics are adopted by the Philippine Bar
Association as a general guide, yet the enumeration of particular duties should
not be construed as a denial of the existence of others equally imperative, though
not specifically mentioned.chan robles virtual law library
1. The duty of the lawyer to the courtschan robles virtual law library
It is the duty of the lawyer to maintain towards the courts a respectful attitude,
not for the sake of the temporary incumbent of the judicial office, but for the
maintenance of its supreme importance. Judges, not being wholly free to defend
themselves, are peculiarly entitled to receive the support of the bar against
unjust criticism and clamor. Whenever there is proper ground for serious
complaint of a judicial officer, it is the right and duty of the lawyer to submit his
grievances to the proper authorities. In such cases, but not otherwise, such
charges should be encouraged and the person making them should be
protected.chan robles virtual law library
The primary duty of a lawyer engaged in public prosecution is not to convict but
to see that justice is done. The suppression of facts or the secreting of witnesses
capable of establishing the innocence of the accused is highly reprehensible.
It is a duty of a lawyer at the time of retainer to disclose to the client all the
circumstances of his relations to the parties and any interest in or connection
with the controversy, which might influence the client in the selection of counsel.
The obligation to represent the client with undivided fidelity and not to divulge
his secrets or confidence forbids also subsequent acceptance of retainers or
employment from others in matters adversely affecting any interest of the client
with respect to which confidence has been reposed.chan robles virtual law library
When lawyers jointly associated in a cause cannot agree as to any matter vital to
the interest of the client, the conflict of opinion should frankly stated to him for
his final determination. His decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose judgment has been
overruled to cooperate effectivity. In this event it is his duty to ask the client to
relieve him.
8. Advising upon the merits of a client's cause chan robles virtual law library
A lawyer should endeavor to obtain full knowledge of his client's cause before
advising thereon, and he is bound to give a candid opinion of the merits and
probable result of pending or contemplated litigation. The miscarriages to which
justice is subject, by reason of surprises and disappointments in evidence and
witnesses, through mistakes and errors of courts, even though only occasional,
admonish lawyers to beware of bold and confident assurances to clients,
especially where the employment may depend upon such assurance. Whenever
the controversy will admit of fair judgment, the client should be advised to avoid
or to end the litigation.
A lawyer should not in any way communicate upon the subject of controversy
with a party represented by counsel, much less should he undertake to negotiate
or compromise the matter with him, but should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid everything that may tend
to mislead a party not represented by counsel, and he should not undertake to
advise him as to the law.
The lawyer should not purchase any interest in the subject matter of the
litigation which he is conducting.
The lawyer should refrain from any action whereby for his personal benefit or
gain he abuses or takes advantage of the confidence reposed in him by his client.
Money of the client or collected for the client or other trust property coming into
the possession of the lawyer should be reported and accounted for promptly and
should not under any circumstances be commingled with his own or be used by
him.
12. Fixing the amount of the feechan robles virtual law library
In fixing fees, lawyers should avoid charges which over estimate their advice and
services, as well as those which undervalue them. A client's ability to pay cannot
justify a charge in excess of the value of the service, though his poverty may
require a less charge, or even none at all. The reasonable requests of brother
lawyers, and of their widows and orphans without ample means, should receive
special and kindly consideration.chan robles virtual law library
In determining the amount of the fees, it is proper to consider: ( 1 ) the time and
labor required, the novelty and difficulty of the questions involved and the skill
required to properly conduct the cause; (2) whether the acceptance of
employment in the particular case will preclude the lawyer's appearance for
others in cases likely to arise out of the transaction, and in which there is a
reasonable expectation that otherwise he would be employed in the particular
case or antagonisms with other clients; (3) the customary charges of the bar for
similar services; (4) the amount involved in the controversy and the benefits
resulting to the client from the services; (5) the contingency or the certainty of
the compensation; and (6) the character of the employment, whether casual or
for an established and constant client. Not one of these considerations in itself is
controlling. They are mere guides in ascertaining the real value of the service.
In determining the customary charges of the bar for similar services, it is proper
for a lawyer to consider a schedule of minimum fees adopted by a bar
association, but no lawyer should permit himself to be controlled thereby or to
follow it as his sole guide in determining the amount of his fee.chan robles virtual
law library
In fixing fees, it should not be forgotten that the profession is a branch of the
administration of justice and not a mere money-getting trade.
It is improper for a lawyer to assert in argument his personal belief in his client's
innocence or in the justice of his cause.
The lawyer owes "entire devotion to the interest of the client, warm zeal in the
maintenance and defense of his rights and the exertion of his utmost learning
and ability," to the end that nothing be taken or be withheld from him, save by
the rules of law, legally applied. No fear of judicial disfavor or public popularity
should restrain him from the full discharge of his duty. In the judicial forum the
client is entitled to the benefit of any and every remedy and defense that is
authorized by the law of the land, and he may expect his lawyer to assert every
such remedy or defense. But it is steadfastly to be borne in mind that the great
trust of the lawyer is to be performed within and not without the bounds of the
law. The office of attorney does not permit, much less does it demand of him for
any client, violation of law or any manner of fraud or chicanery, he must obey
his own conscience and not that of his client.
A lawyer should use his best efforts to restrain and to prevent his clients from
doing those things which the lawyer himself ought not to do, particularly with
reference to their conduct towards courts, judicial officers, jurors, witnesses and
suitors. If a client persist in such wrongdoings the lawyer should terminate their
relation.
Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing
between clients, should not be allowed to influence counsel in their conduct and
demeanor toward each other or toward suitors in the case. All personalities
between counsel should be scrupulously avoided. In the trial of a cause it is
indecent to allude to the personal history or the personal peculiarities and
idiosyncrasies of counsel on the other side. Personal colloquies between counsel
which cause delay and promote unseemly wranglings should also be carefully
avoided.
A lawyer should always treat adverse witnesses and suitors with fairness and due
consideration, and he should never minister to the malevolence or prejudices of
a client in the trial or conduct of a cause. The client can not be made the keeper
of the lawyer's conscience in professional matter. He has no right to demand that
his counsel shall abuse the opposite party or indulge in offensive personalities.
Improper speech is not excusable on the ground that it is what the client would
say if speaking in his own behalf.
When a lawyer is a witness for his client, except as to merely formal matters,
such as the attestation or custody of an instrument and the like, he should leave
the trial of the case to other counsel. Except when essential to the ends justice, a
lawyer should avoid testifying in behalf of his client.
It is the duty of the lawyer not only to his client, but also to the courts and to the
public to be punctual in attendance, and to be concise and direct in the trial and
disposition of causes.
The conduct of the lawyer before the court and with other lawyers should be
characterized by candor and fairness.
It is not candid nor fair for the lawyer knowingly to misquote the contents of a
paper, the testimony of a witness, the language or the argument of opposing
counsel, of the language of a decision or a textbook; or with knowledge of its
invalidity, to cite as authority a decision that has been overruled or a statute that
has been repealed, or in argument to assert as a fact that which has not been
proved, or in those jurisdictions where a side has the opening and closing
arguments to mislead his opponent by concealing or withholding positions in his
opening argument upon which his side then intends to rely.
It is unprofessional and dishonorable to deal other than candidly with the facts
in taking the statements of witnesses, in drawing affidavits and other documents,
and in the presentation of causes.
A lawyer should not offer evidence which he knows the court should reject, in
order to get the same before the jury by arguments for its admissibility, nor
should he address to the judge arguments upon any points not properly calling
for determination by him. Neither should he introduce into an argument,
addressed to the court, remarks or statements intended to influence the
bystanders.
24. Right of lawyer to control the incidents of the trialchan robles virtual law
library
As to incidental matters pending trial, not affecting the merits of the cause, or
working substantial prejudice to the rights of the client, such as forcing the
opposite lawyer to trial when he is under affliction or bereavement; forcing the
trial on a particular day to the injury of the opposite lawyer when no harm will
result from a trial at different time; agreeing to an extension of time for signing
a bill of exceptions, cross interrogatories and the like, the lawyer must be
allowed to judge. In such matters no client has a right to demand that his counsel
shall be illiberal, or that he does anything therein repugnant to his own sense of
honor and propriety.
A lawyer openly, and in his true character may render professional services
before legislative or other bodies, regarding proposed legislation and in
advocacy of claims before departments of government upon the same principles
of ethics which justify his appearance before courts; but it is unprofessional for a
lawyer so engaged, to conceal his attorneyship, or to employ secret personal
solicitations, or to use means other than those addressed to reason and
understanding, to influence action.
Lawyers should expose without fear or favor before the proper tribunal corrupt
or dishonest conduct in the profession, and should accept without hesitation
employment against a member of the bar who has wronged his client. The
counsel upon the trial of a cause in which perjury has been committed owe it to
the profession and to the public to bring the matter to the knowledge of the
prosecuting authorities. The lawyer should aid in guarding the bar against
admission to the profession of candidates unfit or unqualified because deficient
in either moral character or education. He should strive at all times to uphold
the honor and to maintain the dignity of the profession and to improve not only
the law but the administration of justice.
30. Justifiable and unjustifiable litigationschan robles virtual law library
The lawyer must decline to conduct a civil cause or to make a defense when
convicted that it is intended merely to harass or to injure the opposite party or to
work oppression or wrong. But otherwise it is right, and having accepted
retainer, it becomes his duty to insist upon the judgment of the court as to the
legal merits of his client's claim. His appearance in court should be deemed
equivalent to an assertion on his honor that in his opinion his client's case is one
proper for judicial determination.
No lawyer is obliged to act either as adviser or advocate for every person who
may wish to become his client. He has the right to decline employment.
Every lawyer upon his own responsibility must decide what employment he will
accept as counsel, what causes he will bring into court for plaintiffs, what case he
will contest in court for defendants. The responsibility for advising as to
questionable defenses is the lawyer's responsibility. He cannot escape it but
urging as an excuse that he is only following his client's instructions.
32. The lawyer's duty in its last analysischan robles virtual law library
Partnerships among lawyers for the practice of their profession are very
common and are not to be condemned. In the formation of partnerships and the
use of partnership names, care should be taken not to violate any law, custom, or
rule of court locally applicable. Where partnerships are formed between lawyers
who are not all admitted to practice in the courts of the state, care should be
taken to avoid any misleading name or representation which would create a false
impression as to the professional position or privilege of the member not locally
admitted.
No division of fees for legal services is proper, except with another lawyer, based
upon a division of service or responsibility.
A lawyer should not accept employment as an advocate in any matter upon the
merits of which he has previously acted in a judicial capacity.chan robles virtual
law library
A lawyer, having once held public office or having been in the public employ
should not, after his retirement, accept employment in connection with any
matter he has investigated or passed upon while in such office or employ.
It is the duty of a lawyer to preserve his client's confidences. This duty outlasts
the lawyer's employment and extends as well to his employees; and neither of
them should accept employment, which involves or may involve the disclosure or
use of these confidences, either for the private advantages of the client, without
his knowledge and consent, and even though there are other available sources of
such information. A lawyer should not continue employment when he discovers
that this obligation prevents the performance of his full duty to his former or to
his new client.
If a lawyer is accused by his client, he is not precluded from disclosing the truth
in respect to the accusation. The announced intention of a client to commit a
crime is not included within the confidence which he is bound to respect. He may
properly make such disclosure as may be necessary to prevent the act or protect
those against whom it is threatened.
39. Witness
A lawyer may properly interview any witness or prospective witness for the
opposing side in any civil or criminal action without the consent of opposing
counsel or party. In doing so, however, he should scrupulously avoid any
suggestion calculated to induce the witness to suppress or deviate from the truth,
or in any degree to affect his free and untrammeled conduct when appearing at
the trial or on the witness stand.chan robles virtual law library
A lawyer may with propriety write articles for publications in which he gives
information upon the law; but he could not accept employment from such
publication to advice inquiries in respect to their individual rights.chan robles
virtual law library
41. Discovery of imposition and deceptionchan robles virtual law library
When a lawyer discovers that some fraud or deception has been practiced, which
was unjustly imposed upon the court or party, he should endeavor to rectify it;
at first by advising his client, and should endeavor to rectify it; at first by
advising his client, and if his client refuses to forego the advantage thus unjustly
gained, he should promptly inform the injured person or his counsel, so that
they may take appropriate steps.
A lawyer may not properly agree with a client that the lawyer shall pay or beat
the expense of litigation; he may in good faith advance expenses as a matter of
convenience, but subject to reimbursement.
It is improper for a lawyer to permit his name to be published in a law list the
conduct, management or contents of which are calculated or likely to deceive or
injure the public or the profession, or to lower the dignity or standing of the
profession.
The canons of the Philippine Bar Association apply to all branches of the legal
profession; specialist in particular branches are not to be considered as exempt
from the application of these principles.
47. Aiding the unauthorized practice of lawchan robles virtual law library
No lawyer shall permit his professional services, or his name to be used in aid of,
or to make possible, the unauthorized practice of law by any lay agency,
personal or corporate.chan robles virtual law library