Practice of Law: A Privilege, but also in the nature of a - May be allowed by courts under very limited

right instances, if the appearance is only in an isolated case

- Privilege because lawyers must bow to the inherent and no compensation is charged for the service
regulatory power of the Court to exact compliance
with the lawyer’s public responsibilities Appearance “In Propria Persona” or “Pro Se” Practice
- Right because the lawyers cannot be prevented from - Appearance in court by a non-lawyer for himself and
practicing law except for valid reasons (e.g. without the assistance of a member of the Bar
prohibitions on some public officers) - Basis: Sec 1, Art 3 of the Constitution (due process
- Phil Lawyers’ Association v Agrava (examination clause); Sec 1 (2), Art 3, Constitution (due process—
before they can appear before the Patent Office) right to be heard by himself and counsel, especially in
o Members of the Phil Bar may practice before criminal cases); Sec 3, Rule 7, ROC (every pleading
the Patent Office, without further must be signed by the party or counsel representing
examination and other qualifications him)
o No less than the SC has admitted the lawyers - Before: no distinction in courts and cases to be heard
into the bar, there is already the guarantee - While pro se practice is allowed, it is not advisable (In
that these lawyers are already equipped with Re: Joaquin T. Borromeo)
the necessary knowledge - SC: person is not engaged in the practice of law
o Not be confused with a lawyer who wishes to (applying first aid to himself)
be employed in an office (because it is the
prerogative of any employer to set the Non-lawyers who are authorized to appear in court:
qualifications) - GR: a non-lawyer may represent a party before the
MTC
Who can practice law? - Exc: a criminal case
- Admitted as member of the Bar - Exc: to Exc: in a locality where a duly licensed
- In good and regular standing (Sec 1, Rule 138, ROC) member of the Bar is not available
- Senior law student
Why is the practice of law generally limited to lawyers? o Enrolled in a recognized law school’s clinical
- To protect the party litigants because of the complex education program approved by the SC may
nature of judicial proceedings appear before any court, tribunal, agency,
- To protect public interest through assuring that office without compensation, to represent
judicial proceedings take place with dispatch without indigent clients accepted by the Legal Clinic
sacrificing justice and efficiency of the school
- “generally”—there are instances where a non-lawyer o Under direct supervision and control of an
can practice law in various instances but with the IBP Member duly accredited by the law
supervision of a member of the bar school
o Civil, criminal, administrative (Sec 1, Rule
Shari’a lawyers 138-A, ROC)
- Lawyers who are LIB graduates but not members of o Before RTC and higher courts—must be
the bar are not allowed to practice before regular accompanied by a supervising lawyer in all
courts even if both parties (duly admitted to the his appearances
Shari’a Bar; exams are administered by the SC) - Labor Code
- Code of Muslim Personal Laws of the Philippines o When they represent themselves
(jurisdiction is concurrent with the regular courts) o They represent their organization or
- Par 2, Art 143 of PD 1083, The Code of Muslim Personal members thereof with written authorization
Laws of the Philippines, provides for concurrent of the latter
jurisdiction of the Shari’a District Court with existing o Duly accredited members of any elgal aid
civil courts office duly recognized by the DOJ, or the IBP
in cases referred to by the latter
Appearance “Pro Hac Vice” - Cadastral Act
- Appearance by lawyers who is not licensed to o A non-lawyer can represent a claimant
practice in a jurisdiction, but only in connection with before the cadastral court
a particular case - Any person appointed to appear for the Government
in accordance with law
 - Before the DAR Adjudication Board o Fomenting of litigation; burden on courts
and society
Discouraging Lawsuits o Subornation of perjury
- Under Rule 1.03 of CPR, a lawyer shall not for any o Mulcting of innocent persons by judgments,
corrupt motive or interest, encourage any suit or upon manufactured causes of action
proceeding or delay any man’s cause o BIGGEST EVIL: defrauding of injured persons
having proper causes of action but ignorant
Crime or Tort of Maintenance of their legal rights and court procedures (by
- Intermeddling of an uninterested party to encourage means of contracts which retain exorbitant
a lawsuit percentages of recovery and illegal charges
- A lawyer owes to the society and to the court the duty for court costs and expenses and by
not to stir up litigation. The following are settlement made for quick returns of fees
unprofessional acts: and against the just rights of the injured)
1. Volunteering advice to bring lawsuit except when
ties of blood, relationship and trust make it a Canon 2. Making available efficient legal service
duty to do so
2. Hunting up defects in titles or other causes of Canon 2.01. A lawyer shall not reject, except for valid
action; to breed litigation by seeking out claims reasons the cause of the defenceless or the oppressed.
for personal injuries - Valid reasons (Rule 14.03)
o Conflict of interest (between present and
Justifiable and unjustifiable litigation prospective client)
- Lawyer must decline a case when convinced that it is o Case is not unmeritorious
intended merely to harass, or to injure the opposite - Must exercise the same degree or standard of
party or work oppression diligence accorded to paying clients; legal aid is not a
- Lawyer’s appearance in court should be deemed matter of charity but a public responsibility
equivalent to an assertion on his honor that in his
opinion his client’s case is one proper for judicial Mandatory Legal Aid Service (Bar Matter 2012)
determination - All practicing lawyers to render free legal aid service
to indigents for 60 hours spread out in 12 months
A lawyer has the following duties, inter alia: with 5 hours per month
- Duty to uphold the Constitution and obey the law - Indigent and pauper litigants are those whose gross
- Duty not to engage in unlawful conduct income and that of their immediate family do not
- Duty not to counsel illegal activities exceed an amount double the monthly minimum
- Duty not to encourage lawsuits wage of an employee and those who do not own any
- Duty to encourage amicable settlement real property. They are exempt from payment of
docket fees and lawful fees as well as transcripts of
Barratry stenographic notes.
- Offense of frequently inciting and stirring up quarrels
and suits Canon 2.03. Solicitation (discussed together with Canon
- Fomenting suits 3)
- Then offering his legal services to one of the parties
- Refers to any action; suits before any forum Canon 2.04. A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances so
Ambulance chasing warrant.
- THE CLIENT SHOULD COME TO YOU - Consider the IBP Chapter approved Schedules of
- Lawyer’s act of figuratively chasing the victims of an Attorney’s Fees
accident for the purpose of talking to the victim or - To avoid demeaning and degrading competition
the latter’s relatives and offering his legal services for
the filing of the case against the person who caused CANON 3. Use of True, Honest, Fair, and Objective
the accident Information in making known Legal Services
- Refers to only personal injury actions; cases brought
before the courts Advertising
- Recognized evils of ambulance chasing:
GR: A lawyer cannot advertise his talent, as he is a member of - Practice by those who are not licensed and those who
an honourable profession the primary purpose of which is to are suspended or disbarred lawyer
render public service and secure justice; remuneration is a
mere incident. Rule 9.01. A lawyer shall not delegate to any unqualified
person the performance of any task which by law may
EXC: (Forms of Permissible Advertisement) only be performed by a member of the bar in good
1. Writing legal articles; for legal publications in which standing.
he gives information upon the law but cannot accept - Who takes responsibility of the work product? The
employment from such publication to advise lawyer must own the work product (e.g. pleading)
inquiries in respect to individual rights of persons
2. Law lists but only brief biographical and informative Rule 9.02. A lawyer shall not divide or stipulate to divide
data a fee for legal services with persons not licensed to
3. Ordinary professional cards practice law, except:
4. Notice to other local lawyers and publishing in a legal a. Where there is a pre-existing agreement with a
journal of one’s availability partner or associate that, upon the latter’s death,
5. Proffer of free legal services to the indigent, even money shall be paid over a reasonable period of
when broadcasted over the radio or tendered time to his estate or to the persons specified in
through circulation of printed matter to the general the agreement; or
public b. Where a lawyer undertakes to complete
6. Simple announcement of the opening of a law firm or unfinished legal business of a deceased lawyer;
of changes in the partnership, firm name or office or
address, being for the convenience of the profession c. Where a lawyer or law firm includes non-lawyer
7. Listing in a phone directory, but not under a employees in a retirement plan, even if the plan
designation of a special branch of law is based in whole or in part on a profit sharing
arrangement
Solicitation of cases constitutes malpractice - To insure that the legal job is done by lawyers
- Dangerous for non-lawyers accept legal fees because
Use of Law Firm Name: non-lawyers are not subject to regulation of the SC
1. In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of THE LAWYER AND THE COURT
the name of a deceased partner is permissible
provided that the firm indicates in all its Canon 10. A lawyer owes candor, fairness and good faith
communications that said partner is deceased. This to the court.
rule abandoned the doctrine in the case of In Re: - Rationale: burden on judiciary would be intolerable if
Sycip. it cannot take at face value what is asserted by
2. Where a partner accepts public office, he shall counsel
withdraw from the firm and his name shall be
dropped from the firm name unless the law allows Rule 10.01—a lawyer shall not do any falsehood, nor
him to practice concurrently. consent to the doing of any in court; nor shall he mislead
or allow the court to be misled by any artifice.
Rule 8.02. A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another Cases of Falsehood:
lawyer; however, it is the right of any lawyer, without fear - Raising issues long laid to rest by a final and executor
or favour, to give proper advice and assistance to those judgment
seeking relief against unfaithful or neglectful counsel. - Making it appear that a person, long dead, executed a
- Do not steal clients deed of sale in the lawyer’s favour
- Not negotiate with client’s opponents without - Denying having received the notice to file brief which
consent of client denial is belied by the return card
- Presenting falsified documents before the court
Canon 9. A lawyer shall not directly or indirectly assist in
the unauthorized practice of law Article 184, RPC (Offering false testimony as evidence)
- Only those licensed by the IBP to practice law in this - Felony aside being an admin offense
jurisdiction
Rule 10.02—a lawyer shall not knowingly misquote or b. Office of the Ombudsman (criminal and
misrepresent the contents of a paper, the language or the administrative jurisdiction; Maceda v Ombudsman,
argument of opposing counsel, or the text of, a decision or 1993— can investigate a judge after referral or action
authority, or knowingly cite as a law a provision already by the SC)
rendered inoperative by repeal or amendment, or assert c. HR and Senate for SC Justices (impeachable officers)
as a fact that has not been proved.
- Quote statute word for word and cite properly source Rule 12.01—a lawyer shall not appear for trial unless he
- Quoting properly (word for word) and cite it has adequately prepared himself on the law and the facts
properly but the case is not applicable to the case at of his case, the evidence he will adduce and the order of
hand its proferrence. He should also be ready with the original
documents for comparison with the copies.
Rule 10.03—a lawyer shall observe the rules of - May file a Motion for Postponement of Hearing when
procedure and shall not misuse them to defeat the ends of a newly hired counsel appears in a case in midstream
justice.
- Litigation is not a game of technicalities Rule 12.02—a lawyer shall not file multiple actions
- See: Eternal Gardens Memorial Park v CA, 1998 arising from the same cause.
- Not abuse the Rules of Court to delay proceedings
Forum-Shopping
Canon 11. A lawyer shall observe and maintain the - As a result of or in anticipation of adverse opinion in
respect due to the courts and to judicial officers and 1 forum, a party seeks favourable opinion in other
should insist on similar conduct by others. forum (a) on the gamble that one will render a
- See: In Re: Almacen favourable disposition
- Lawyer’s first duty is to the courts - Elements:
- Not only to judges but also to judicial officers who o Same parties, same causes of action, same
take part in the judicial work issues, same reliefs (relate to res judicata and
- Obedience to court orders and processes litis pendentia)
- Criticism must be bona fide and must not be spill over - Evils:
the walls of decency o Duplicity or multiplication of suits
- Rules of Court designed for lawyers to criticize the o Double or multiple vexation of lawsuits
court; appeal is a way of criticism arising from only one cuase
o Clogging of court dockets
Rule 11,04. A lawyer shall not attribute a judge motives o Waste of time, energy and resources
not supported by the record or having no materiality to o May result in tribunals rendering conflicting
the case rulings.
- In re Aguas— The instructed witness not to look at
defendant’s lawyer ut instead focus his attention on Rule 12.03—a lawyer shall not, after obtaining extensions
the former. When the witness did not give heed to the of time to file pleadings, memoranda or briefs, let the
warning, judge arose from his seat and grabbed the period lapse without submitting the same or offering an
witness by the shoulder... Lawyer asked that the explanation for his failure to do so.
incident be placed on the record, was held in
contempt. Rule 12.04—a lawyer shall not unduly delay a case,
SC ruled that such act of insisting that the matter be impede the execution of a judgment or misuse court
placed on record is not contemptuous. Lawyers must processes
however be courageous enough to expose
arbitrariness and injustices of judges. Rule 12.05—a lawyer shall refrain from talking to his
- Wicker v Arcangel, 1996 witness during a break or recess in the trial, while the
- In Re Almacen, 1970 witness is still under examination
- To prevent a lawyer from coaching
Rule 11.05. A lawyer shall submit grievances against a - To uphold the truth
judge to the proper authorities only. Proper authorities
are: Rule 12.06—a lawyer shall not knowingly assist a witness
a. SC (has administrative disciplinary jurisdiction over to misrepresent himself or to impersonate another
them)
 - Lawyer should do no falsehood nor consent to the - To protect the good name and reputation of both
doing of any in court lawyer and judge
- Criminal liability (181-184) - To avoid misconstructions of motives
- See: Lantoria v Atty Bunyi, 1992
Rule 12.07— a lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him. Rule 13.02—a lawyer shall not make public statements in
- Rights of the witness under ROC (Sec 3, Rule 132, the media regarding a pending case tending to arouse
ROC) public opinion for or against a party.
o To be protected from irrelevant, improper or - Evil sought to be avoided:
insulting questions and from harsh and o Trial by publicity; fair trial in the courts may
insulting demeanor be hampered or interfered with
o Not to be detained longer than the interests - See: Estrada v Sandiganbayan, 2003
of justice requires
o Not to be examined except only as to matters Rule 13.03—a lawyer shall not brook or invite
pertinent to the issue interference by another branch or agency of the
o Not to give an answer which will tend to government in the normal course of judicial proceedings.
subject him to a penalty for an offense unless
otherwise provided by law Canon 14. A lawyer shall not refuse his services to the
 Right against self-incrimination of needy
an accused (allowed not to take the
witness stand) vs that of a witness Rule 14.01—a lawyer shall not decline to represent a
(allowed not to answer a question) person solely on account of the latter’s race, sex, creed or
o Not to give an answer which will tend to status of life, or because of his own opinion regarding the
degrade his reputation, unless it be the very guilt of said person
fact at issue or to a fact from which the fact in
issue would be presumed. But a witness Can a lawyer refuse to represent an accused on the sole
must answer to the fact of his previous final reason that he believes is guilty?
conviction for an offense. - No, otherwise he assumes the role of a judge.
- NOT APPLICABLE IN CIVIL CASES; it is the lawyer’s
Rule 12.08—a lawyer shall avoid testifying in behalf of his duty to counsel or maintain such actions or
client, except: proceedings only as appear to him to be just
a. On formal matters, such as the mailing,
authentication or custody of an instrument, and the If a lawyer discovers or knows that his client is guilty?
like; or - Continue with the defense and use all FAIR AND
b. On substantial matters, in cases where his testimony HONORABLE means in doing so
is essential to the ends of justice, in which event he - See to it that DUE PROCESS is observed and that he is
must, during his testimony, entrust the trial of the accorded the correct penalty
case to another counsel. - If prosecution fails to prove reasonable doubt, then
invoke for client’s acquittal. Under such
- Conflict of the purpose of the lawyer (who is biased; circumstance, the client is legally entitled to an
advocate) and the witness (to be impartial in acquittal.
recounting)
- See: Santiago v Rafanan, 2004 What if prosecution cannot prove guilt beyond
reasonable doubt even knowing the guilt of your client?
Canon 13. A lawyer shall rely upon the merits of his cause - Still fight for his acquittal because under our justice
and refrain from any impropriety which tends to system, he is still afforded the acquittal when guilt
influence, or gives the appearance of influencing the beyond reasonable doubt not proved
court.
Rule 14.02—a lawyer shall not decline, except for serious
Rule 13.01—a lawyer shall not extend extraordinary and sufficient cause, an appointment as counsel de officio
attention or hospitality to, nor seek opportunity for or as amicus curiae or a request from the IBP or any of its
cultivating familiarity with judges. chapters for rendition of free legal aid
- Legal profession is a public service
 - Counsel de oficio—strictly speaking, proper for Where the lawyer did not accept the case but represented
CRIMINAL CASES the adverse party after consultation by the other
- Hilario v Davide: not essential that the client should
Can an accused refuse a counsel de oficio? have employed or paid the lawyer professionally;
- Yes, if he has counsel de parte. If the accused mere consultation suffices to establish lawyer-client
manifests that he wants to hire counsel de parte, relationship. Lawyers should not represent
court should give him sufficient time to do so. conflicting interests
However, the accused cannot, without valid grounds, - Duty not to represent conflicting interests applies
refuse a counsel de oficio. even after attorney-client relationship is terminated

Can the judge assign a lawyer to render free legal aid to Rule 15.02—a lawyer shall be bound by the rule on
destitute or indigents in civil cases? privileged communication in respect of matter disclosed
- Rule 138, Sec 31 to him by a prospective client
- Another instance of loyalty to the client
Rule 14.03—a lawyer may not refuse to accept - Virtual confessional seal of the client’s secrets and
representation of an indigent client unless: confidences
a. Not in a position to carry out the work effectively or - All forms of communication are covered: oral,
competently; written, actions, signs
- Unethical for a lawyer to accept the case and not - Sec 24(b), Rule 130, ROC
carry out the work competently o Extends farther to the lawyer’s employees
b. Labours under a conflict of interest between him and without the consent of the lawyer and the
the prospective client or between a present client and client
the prospective client o Privilege communication protects lawyer
- Conflict interests from testifying against client (must be with
o When the lawyer would argue a claim on one the consent of the client)
hand and would have to argue the defense
against such claim on the other hand Are pleadings confidential?
- As lawyers, you owe 100% loyalty to your clients; - Yes, before they are filed in court
allowed to be biased
Unprivileged communication
Rule 14.04—a lawyer who accepts the cause of a person - Lawyer can be compelled to testify, or else he may be
unable to pay his professional fess shall observe the same cited in contempt of court
standard of conduct governing his relations with paying
clients Basic limitations of privileged communication
A. Purpose of seeking legal advice
Rule 15.01—a lawyer, in conferring with a prospective B. Not extend to communication of future crimes, a
client, shall ascertain as soon as practicable whether the person committing or about to commit a crime can
matter would involve a conflict with another client or his have no privileged witness; communication must be
own interest, and if so, shall forthwith inform the for a lawful purpose or in furtherance of a lawful end.
prospective client. For other wise, if the purpose is criminal, it is not
- Unethical to continue asking questions about the only lawful to divulge, but the lawyer should be
other party bound to disclose at once in the interest of justice

Rule 15.03—a lawyer shall not represent conflicting Privilege applies to law students under the Law Student
interests except by written consent of all concerned given Practice Rule
after a full disclosure of the facts
2-fold Purposes of the Rule:
Representing conflicting interests is a criminal offense a. To encourage client to make full disclosure without
(Aside from being an administrative offense) fear
- Betrayal of trust by an attorney (Art 209, RPC) b. To enable counsel to obtain full information so as not
- Treachery and double-dealing is condemned to mislead in the evaluation of the merits or demerits
of the client’s case
See: Regala v Sandiganbayan (focus on whether the identity of
the client is covered by the attorney-client privilege; if yes, are
there exceptions? If no, are there exceptions?)

Rule 15.05—a lawyer when advising his client, shall give

a candid and honest opinion on the merits and probable
results of the client’s case, neither overstating nor
understating the prospects of the case

Rule 15.06—a lawyer shall not state or imply that he is

able to influence any public official, tribunal or legislative
body
- Lawyer should rely on the merits of the case

Rule 15.07—a lawyer shall impress upon his client

compliance with the laws and the principles of fairness

On matters of law, it is the lawyer who should hold the reins.

Lawyers should advise clients on matters of decorum and

proper attitude towards courts of justice
- e.g. curbing the client’s desire to publicise the
litigation or to march to the streets and rally
- should know that sensationalizing a case may even
result to Trial by Publicity

Rule 15.08—a lawyer who is engaged in another

profession or occupation concurrently with the practice
of law shall make clear to his client whether he is acting
as a lawyer or in another capacity
- examples of another capacities: real estate broker or
agent, insurance adjuster, collection agent

Canon 17—a lawyer owes fidelity to the cause of his client

qand he shall be mindful of the trust and confidence
reposed in him
- relationship of lawyer-client is highly fiduciary and
demands utmost fidelity and good faith
- Fidelity to client’s cause is the essence of the legal
profession. Without this fidelity the lawyer cannot
survive because no client will engage his services
anymore