Code of Professional Responsibility
Code of Professional Responsibility
Code of Professional Responsibility
I, _______, do solemnly swear that I will maintain allegiance to IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR
the Republic of the Philippines, I will support the Constitution OFFICIAL TASKS.
and obey the laws as well as the legal orders of the duly Rule 6.01 - The primary duty of a lawyer engaged in public
constituted authorities therein; I will do no falsehood, nor prosecution is not to convict but to see that justice is done. The
consent to the doing of any in court; I will not wittingly or suppression of facts or the concealment of witnesses capable
willingly promote or sue any groundless, false or unlawful suit, of establishing the innocence of the accused is highly
or give aid nor consent to the same; I will delay no man for reprehensible and is cause for disciplinary action.
money or malice, and will conduct myself as a lawyer Rule 6.02 - A lawyer in the government service shall not use
according to the best of my knowledge and discretion, with all his public position to promote or advance his private interests,
good fidelity as well to the courts as to my clients; and I impose nor allow the latter to interfere with his public duties.
upon myself these voluntary obligations without any mental Rule 6.03 - A lawyer shall not, after leaving government
reservation or purpose of evasion. So help me God. service, accept engagement or employment in connection with
any matter in which he had intervened while in said service.
INTEGRATED BAR OF THE PHILIPINES CHAPTER II. LAWYER AND THE LEGAL PROFESSION
CODE OF PROFESSIONAL RESPONSIBILITY
CHAPTER I. THE LAW AND SOCIETY CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
CANON 1 - A LAWYER SHALL UPHOLD THE PROFESSION AND SUPPORT THE ACTIVITIES OF THE
CONSTITUTION, OBEY THE LAWS OF THE LAND AND INTEGRATED BAR.
PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. Rule 7.01 - A lawyer shall be answerable for knowingly making
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, a false statement or suppressing a material fact in connection
immoral or deceitful conduct. with his application for admission to the bar.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed Rule 7.02 - A lawyer shall not support the application for
at defiance of the law or at lessening confidence in the legal admission to the bar of any person known by him to be
system. unqualified in respect to character, education, or other relevant
Rule 1.03 - A lawyer shall not, for any corrupt motive or attribute.
interest, encourage any suit or proceeding or delay any man’s Rule 7.03 - A lawyer shall not engage in conduct that adversely
cause. reflects on his fitness to practice law, nor shall he, whether in
Rule 1.04 - A lawyer shall encourage his clients to avoid, end public or private life, behave in a scandalous manner to the
or settle a controversy if it will admit of a fair settlement. discredit of the legal profession.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
SERVICES AVAILABLE IN AN EFFICIENT AND COURTESY, FAIRNESS AND CANDOR TOWARD HIS
CONVENIENT MANNER COMPATIBLE WITH THE PROFESSIONAL COLLEAGUES, AND SHALL AVOID
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF HARASSING TACTICS AGAINST OPPOSING COUNSEL.
THE PROFESSION. Rule 8.01 - A lawyer shall not, in his professional dealings, use
Rule 2.01 - A lawyer shall not reject, except for valid reasons, language which is abusive, offensive or otherwise improper.
the cause of the defenseless or the oppressed. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach
Rule 2.02 - In such cases, even if the lawyer does not accept a upon the professional employment of another lawyer; however,
case, he shall not refuse to render legal advice to the person it is the right of any lawyer, without fear or favor, to give proper
concerned if only to the extent necessary to safeguard the advice and assistance to those seeking relief against unfaithful
latter’s rights. or neglectful counsel.
Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
Rule 2.04 - A lawyer shall not charge rates lower than those INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE
customarily prescribed unless the circumstances so warrant. OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL person the performance of any task which by law may only be
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, performed by a member of the Bar in good standing.
DIGNIFIED AND OBJECTIVE INFORMATION OR Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee
STATEMENT OF FACTS. for legal services with persons not licensed to practice law,
Rule 3.01 - A lawyer shall not use or permit the use of any except:
false, fraudulent, misleading, deceptive, undignified, self- a) Where there is a pre-existing agreement with a partner or
laudatory or unfair statement or claim regarding his associate that, upon the latter’s death, money shall be paid
qualifications or legal services. over a reasonable period of time to his estate or to persons
Rule 3.02 - In the choice of a firm name, no false, misleading specified in the agreement; or
or assumed name shall be used. The continued use of the b) Where a lawyer undertakes to complete unfinished legal
name of a deceased partner is permissible provided that the business of a deceased lawyer; or
firm indicates in all its communications that said partner is c) Where a lawyer or law firm includes non-lawyer employees
deceased. in a retirement plan, even if the plan is based in whole or in
Rule 3.03 - Where a partner accepts public office, he shall part, on a profitable sharing arrangement.
withdraw from the firm and his name shall be dropped from the
firm name unless the law allows him to practice law CHAPTER III. THE LAWYER AND THE COURTS
concurrently.
Rule 3.04 - A lawyer shall not pay or give anything of value to CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND
representatives of the mass media in anticipation of, or in GOOD FAITH TO THE COURT.
return for, publicity to attract legal business. Rule 10.01 - A lawyer shall not do any falsehood, nor consent
to the doing of any in Court; nor shall he mislead, or allow the
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE Court to be misled by any artifice.
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING Rule 10.02 - A lawyer shall not knowingly misquote or
OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE misrepresent the contents of paper, the language or the
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. argument of opposing counsel, or the text of a decision or
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL authority, or knowingly cite as law a provision already rendered
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL inoperative by repeal or amendment, or assert as a fact that
EDUCATION PROGRAMS, SUPPORT EFFORTS TO which has not been proved.
ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL Rule 10.03 - A lawyer shall observe the rules of procedure and
AS IN THE PRACTICAL TRAINING OF LAW STUDENTS shall not misuse them to defeat the ends of justice.
AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT Rule 15.01 - A lawyer, in conferring with a prospective client,
BY OTHERS. shall ascertain as soon as practicable whether the matter
Rule 11.01 - A lawyer shall appear in court properly attired. would involve a conflict with another client or his own interest,
Rule 11.02 - A lawyer shall punctually appear at court and if so, shall forthwith inform the prospective client.
hearings. Rule 15.02 - A lawyer shall be bound by the rule on privilege
Rule 11.03 - A lawyer shall abstain from scandalous, offensive communication in respect of matters disclosed to him by a
or menacing language or behavior before the Courts. prospective client.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not Rule 15.03 - A lawyer shall not represent conflicting interests
supported by the record or have no materiality to the case. except by written consent of all concerned given after a full
Rule 11.05 - A lawyer shall submit grievances against a Judge disclosure of the facts.
to the proper authorities only. Rule 15.04 - A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or arbitrator in settling
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT disputes.
AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY Rule 15.05 - A lawyer when advising his client, shall give a
AND EFFICIENT ADMINISTRATION OF JUSTICE. candid and honest opinion on the merits and probable results
Rule 12.01 - A lawyer shall not appear for trial unless he has of the client’s case, neither overstating nor understating the
adequately prepared himself on the law and the facts of his prospects of the case.
case, the evidence he will adduce and the order of its Rule 15.06 - A lawyer shall not state or imply that he is able to
preferences. He should also be ready with the original influence any public official, tribunal or legislative body.
documents for comparison with the copies. Rule 15.07 - A lawyer shall impress upon his client compliance
Rule 12.02 - A lawyer shall not file multiple actions arising from with the laws and principles of fairness.
the same cause. Rule 15.08 - A lawyer who is engaged in another profession or
Rule 12.03 - A lawyer shall not, after obtaining extensions of occupation concurrently with the practice of law shall make
time to file pleadings, memoranda or briefs, let the period lapse clear to his client whether he is acting as a lawyer or in another
without submitting the same or offering an explanation for his capacity.
failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
the execution of a judgement or misuse Court processes. MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
Rule 12.05 - A lawyer shall refrain from talking to his witness COME INTO HIS POSSESSION.
during a break or recess in the trial, while the witness is still Rule 16.01 - A lawyer shall account for all money or property
under examination. collected or received for or from the client.
Rule 12.06 - A lawyer shall not knowingly assist a witness to Rule 16.02 - A lawyer shall keep the funds of each client
misrepresent himself or to impersonate another. separate and apart from his own and those of others kept by
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a him.
witness nor needlessly inconvenience him. Rule 16.03 - A lawyer shall deliver the funds and property of
Rule 12.08 - A lawyer shall avoid testifying in behalf of his his client when due or upon demand. However, he shall have a
client, except: lien over the funds and may apply so much thereof as may be
a) on formal matters, such as the mailing, authentication or necessary to satisfy his lawful fees and disbursements, giving
custody of an instrument, and the like, or notice promptly thereafter to his client. He shall also have a
b) on substantial matters, in cases where his testimony is lien to the same extent on all judgements and executions he
essential to the ends of justice, in which event he must, during has secured for his client as provided for in the Rules of Court.
his testimony, entrust the trial of the case to another counsel. Rule 16.04 - A lawyer shall not borrow money from his client
unless the client’s interests are fully protected by the nature of
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS the case or by independent advice. Neither shall a lawyer lend
OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY money to a client except, when in the interest of justice, he has
WHICH TENDS TO INFLUENCE, OR GIVES THE to advance necessary expenses in a legal matter he is
APPEARANCE OF INFLUENCING THE COURT handling for the client.
Rule 13.01 - A lawyer shall not extend extraordinary attention
or hospitality to, nor seek opportunity for cultivating familiarity CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE
with Judges. OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
Rule 13.02 - A lawyer shall not make public statements in the TRUST AND CONFIDENCE REPOSED IN HIM.
media regarding a pending case tending to arouse public CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
opinion for or against a party. COMPETENCE AND DILIGENCE.
Rule 13.03 - A lawyer shall not brook or invite interference by Rule 18.01 - A lawyer shall not undertake a legal service which
another branch or agency of the government in the normal he knows or should know that he is not qualified to render.
course of judicial proceedings. However, he may render such service if, with the consent of
his client, he can obtain as collaborating counsel a lawyer who
CHAPTER IV. THE LAWYER AND THE CLIENT is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without
CANON 14 - A LAWYER SHALL NOT REFUSE HIS adequate preparation.
SERVICES TO THE NEEDY. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted
Rule 14.01 - A lawyer shall not decline to represent a person to him, and his negligence in connection there with shall render
solely on account of the latter’s race, sex, creed or status of him liable.
life, or because of his own opinion regarding the guilt of said Rule 18.04 - A lawyer shall keep the client informed of the
person. status of his case and shall respond within a reasonable time
Rule 14.02 - A lawyer shall not decline, except for serious and to client’s request for information.
sufficient cause, an appointment as counsel de oficio or as
amicus curiae, or a request from the Integrated Bar of the CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
Philippines or any of its chapters for rendition of free legal aid. WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 14.03 - A lawyer may not refuse to accept representation Rule 19.01 - A lawyer shall employ only fair and honest means
of an indigent client unless: to attain the lawful objectives of his client and shall not present,
a) he is in no position to carry out the work effectively or participate in presenting or threaten to present unfounded
competently; criminal charges to obtain an improper advantage in any case
b) he labors under a conflict of interest between him and the or proceeding.
prospective client or between a present client and the Rule 19.02 - A lawyer who has received information that his
prospective client; client has, in the course of the representation, perpetrated a
Rule 14.04 - A lawyer who accepts the cause of a person fraud upon a person or tribunal, shall promptly call upon the
unable to pay his professional fees shall observe the same client to rectify the same, and failing which he shall terminate
standard of conduct governing his relations with paying clients. the relationship with such client in accordance with the Rules
of Court.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, Rule 19.03 - A lawyer shall not allow his client to dictate the
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND procedure on handling the case.
TRANSACTIONS WITH HIS CLIENTS.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND his successor in the orderly transfer of the matter, including all
REASONABLE FEES. information necessary for the proper handling of the matter.
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;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a result of
acceptance of the proffered case;
f) The customary charges for similar services and the schedule
of fees of the IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits
resulting to the client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or
established; and
j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in cases of referral, with the
consent of the client, be entitled to a division of fees in
proportion to work performed and responsibility assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or other
compensation whatsoever related to his professional
employment from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action
only to prevent imposition, injustice of fraud.