Code of Professional Responsibility

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CODE OF PROFESSIONAL RESPONSIBILITY

(Promulgated June 21, 1988)

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE


CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening confidence in
the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any
man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair
settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL
SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS
OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal advice to
the person concerned if only to the extent necessary to
safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances so
warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of
any false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he
shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him to
practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of
value to representatives of the mass media in anticipation
of, or in return for, publicity to attract legal business.
CANON 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.

CANON 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 THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.
Rule 6.01 - 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 concealment of
witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for
disciplinary action.
Rule 6.02 - A lawyer in the government service shall not
use his public position to promote or advance his private
interests, nor allow the latter to interfere with his public
duties.
Rule 6.03 - A lawyer shall not, after leaving government
service, accept engagement or employment in connection
with any matter in which he had intervened while in said
service.
he whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.

CHAPTER II. THE LAWYER AND THE LEGAL


PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD


THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact in
connection with his application for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for
admission to the bar of any person known by him to be
unqualified in respect to character, education, or other
relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall
or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF


WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another
lawyer, however, it is the right of any lawyer, without fear
Rule 9.02 - A lawyer shall not divide or stipulate to divide
a fee for legal services with persons not licensed to
practice law,
(a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter's death, money
shall be paid over a reasonable period of time to his
estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if the plan is based in
whole or in part, on a profit sharing agreement.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR


INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified
person the performance of any task which by law may only
be performed by a member of the bar in good standing.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.

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 Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or the
argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as
a fact that which has not been proved.
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat the ends of
justice.

CANON 11 - A LAWYER SHALL OBSERVE AND


MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly


attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no materiality
to the case.
Rule 11.05 - A lawyer shall submit grievances against a
Judge to the proper authorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY


EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN
THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he Rule 13.02 - A lawyer shall not make public statements in
has adequately prepared himself on the law and the facts the media regarding a pending case tending to arouse
of his case, the evidence he will adduce and the order of public opinion for or against a party.
its proferrence. He should also be ready with the original Rule 13.03 - A lawyer shall not brook or invite
documents for comparison with the copies. interference by another branch or agency of the
Rule 12.02 - A lawyer shall not file multiple actions arising government in the normal course of judicial proceedings.
from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions CHAPTER IV. THE LAWYER AND THE CLIENT
of time to file pleadings, memoranda or briefs, let the CANON 14 - A LAWYER SHALL NOT REFUSE HIS
period lapse without submitting the same or offering an SERVICES TO THE NEEDY.
explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, Rule 14.01 - A lawyer shall not decline to represent a

impede the execution of a judgment or misuse Court person solely on account of the latter's race, sex. creed or

processes. status of life, or because of his own opinion regarding the

Rule 12.05 - A lawyer shall refrain from talking to his guilt of said person.

witness during a break or recess in the trial, while the Rule 14.02 - A lawyer shall not decline, except for serious

witness is still under examination. and sufficient cause, an appointment as counsel de officio

Rule 12.06 - A lawyer shall not knowingly assist a or as amicus curiae, or a request from the Integrated Bar

witness to misrepresent himself or to impersonate another. of the Philippines or any of its chapters for rendition of free

Rule 12.07 - A lawyer shall not abuse, browbeat or legal aid.

harass a witness nor needlessly inconvenience him. Rule 14.03 - A lawyer may not refuse to accept

Rule 12.08 - A lawyer shall avoid testifying in behalf of representation of an indigent client

his client, except:chanroblesvirtuallawlibrary unless:chanroblesvirtuallawlibrary

(a) on formal matters, such as the mailing, authentication (a) he is not in a position to carry out the work effectively

or custody of an instrument, and the like; or or competently;

(b) on substantial matters, in cases where his testimony is (b) he labors under a conflict of interest between him and

essential to the ends of justice, in which event he must, the prospective client or between a present client and the

during his testimony, entrust the trial of the case to prospective client.

another counsel. Rule 14.04 - A lawyer who accepts the cause of a person
unable to pay his professional fees shall observe the same

CANON 13 - A LAWYER SHALL RELY UPON THE standard of conduct governing his relations with paying

MERITS OF HIS CAUSE AND REFRAIN FROM ANY clients.

IMPROPRIETY WHICH TENDS TO INFLUENCE, OR


GIVES THE APPEARANCE OF INFLUENCING THE CANON 15 - A LAWYER SHALL OBSERVE CANDOR,

COURT. FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND


TRANSACTIONS WITH HIS CLIENTS.
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for Rule 15.01. - A lawyer, in conferring with a prospective

cultivating familiarity with Judges. client, shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or his
own interest, and if so, shall forthwith inform the judgments and executions he has secured for his client as
prospective client. provided for in the Rules of Court.
Rule 15.02.- A lawyer shall be bound by the rule on Rule 16.04 - A lawyer shall not borrow money from his
privilege communication in respect of matters disclosed to client unless the client's interest are fully protected by the
him by a prospective client. nature of the case or by independent advice. Neither shall
Rule 15.03. - A lawyer shall not represent conflicting a lawyer lend money to a client except, when in the
interests except by written consent of all concerned given interest of justice, he has to advance necessary expenses
after a full disclosure of the facts. in a legal matter he is handling for the client.
Rule 15.04. - A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or arbitrator in CANON 17 - A LAWYER OWES FIDELITY TO THE
settling disputes. CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL
Rule 15.05. - A lawyer when advising his client, shall give OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
a candid and honest opinion on the merits and probable CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
results of the client's case, neither overstating nor WITH COMPETENCE AND DILIGENCE.
understating the prospects of the case.
Rule 15.06. - A lawyer shall not state or imply that he is Rules 18.01 - A lawyer shall not undertake a legal service

able to influence any public official, tribunal or legislative which he knows or should know that he is not qualified to

body. render. However, he may render such service if, with the

Rule 15.07. - A lawyer shall impress upon his client consent of his client, he can obtain as collaborating

compliance with the laws and the principles of fairness. counsel a lawyer who is competent on the matter.

Rule 15.08. - A lawyer who is engaged in another Rule 18.02 - A lawyer shall not handle any legal matter

profession or occupation concurrently with the practice of without adequate preparation.

law shall make clear to his client whether he is acting as a Rule 18.03 - A lawyer shall not neglect a legal matter

lawyer or in another capacity. entrusted to him, and his negligence in connection


therewith shall render him liable.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL Rule 18.04 - A lawyer shall keep the client informed of

MONEYS AND PROPERTIES OF HIS CLIENT THAT the status of his case and shall respond within a

MAY COME INTO HIS PROFESSION. reasonable time to the client's request for information.

Rule 16.01 - A lawyer shall account for all money or CANON 19 - A LAWYER SHALL REPRESENT HIS
property collected or received for or from the client. CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
Rule 16.02 - A lawyer shall keep the funds of each client LAW.
separate and apart from his own and those of others kept
by him. Rule 19.01 - A lawyer shall employ only fair and honest

Rule 16.03 - A lawyer shall deliver the funds and property means to attain the lawful objectives of his client and shall

of his client when due or upon demand. However, he shall not present, participate in presenting or threaten to present

have a lien over the funds and may apply so much thereof unfounded criminal charges to obtain an improper

as may be necessary to satisfy his lawful fees and advantage in any case or proceeding.

disbursements, giving notice promptly thereafter to his Rule 19.02 - A lawyer who has received information that

client. He shall also have a lien to the same extent on all his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and CANON 21 - A LAWYER SHALL PRESERVE THE
failing which he shall terminate the relationship with such CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
client in accordance with the Rules of Court. AFTER THE ATTORNEY-CLIENT RELATION IS
Rule 19.03 - A lawyer shall not allow his client to dictate TERMINATED.
the procedure in handling the case.
Rule 21.01 - A lawyer shall not reveal the confidences or

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR secrets of his client except;

AND REASONABLE FEES. (a) When authorized by the client after acquainting him of
the consequences of the disclosure;
Rule 20.01 - A lawyer shall be guided by the following (b) When required by law;
factors in determining his fees:chanroblesvirtuallawlibrary (c) When necessary to collect his fees or to defend
(a) the time spent and the extent of the service rendered himself, his employees or associates or by judicial action.
or required; Rule 21.02 - A lawyer shall not, to the disadvantage of
(b) the novelty and difficulty of the questions involved; his client, use information acquired in the course of
(c) The importance of the subject matter; employment, nor shall he use the same to his own
(d) The skill demanded; advantage or that of a third person, unless the client with
(e) The probability of losing other employment as a result full knowledge of the circumstances consents thereto.
of acceptance of the proffered case; Rule 21.03 - A lawyer shall not, without the written
(f) The customary charges for similar services and the consent of his client, give information from his files to an
schedule of fees of the IBP chapter to which he belongs; outside agency seeking such information for auditing,
(g) The amount involved in the controversy and the statistical, bookkeeping, accounting, data processing, or
benefits resulting to the client from the service; any similar purpose.
(h) The contingency or certainty of compensation; Rule 21.04 - A lawyer may disclose the affairs of a client
(i) The character of the employment, whether occasional of the firm to partners or associates thereof unless
or established; and prohibited by the client.
(j) The professional standing of the lawyer. Rule 21.05 - A lawyer shall adopt such measures as may
Rule 20.02 - A lawyer shall, in case of referral, with the be required to prevent those whose services are utilized
consent of the client, be entitled to a division of fees in by him, from disclosing or using confidences or secrets of
proportion to the work performed and responsibility the clients.
assumed. Rule 21.06 - A lawyer shall avoid indiscreet conversation
Rule 20.03 - A lawyer shall not, without the full about a client's affairs even with members of his family.
knowledge and consent of the client, accept any fee, Rule 21.07 - A lawyer shall not reveal that he has been
reward, costs, commission, interest, rebate or forwarding consulted about a particular case except to avoid possible
allowance or other compensation whatsoever related to his conflict of interest.
professional employment from anyone other than the
client. CANON 22 - A LAWYER SHALL WITHDRAW HIS
Rule 20.04 - A lawyer shall avoid controversies with SERVICES ONLY FOR GOOD CAUSE AND UPON
clients concerning his compensation and shall resort to NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
judicial action only to prevent imposition, injustice or fraud.
Rule 22.01 - A lawyer may withdraw his services in any of
the following case:chanroblesvirtuallawlibrary
(a) When the client pursues an illegal or immoral course
of conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
(c) When his inability to work with co-counsel will not
promote the best interest of the client;
(d) When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;
(e) When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public
office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled, and
shall cooperative with his successor in the orderly transfer
of the matter, including all information necessary for the
proper handling of the matter.

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