Code of Professional Responsibility

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CODE OF Rule 2.

04 - A lawyer shall not charge rates lower


PROFESSIONAL than those customarily prescribed unless the
circumstances so warrant.
RESPONSIBILITY CANON 3 - A LAWYER IN MAKING
(Promulgated June 21, 1988)
KNOWN HIS LEGAL SERVICES SHALL
USE ONLY TRUE, HONEST, FAIR,
CHAPTER I. THE LAWYER AND DIGNIFIED AND OBJECTIVE
SOCIETY INFORMATION OR STATEMENT OF
FACTS.
CANON 1 - A LAWYER SHALL
Rule 3.01 - A lawyer shall not use or permit the
UPHOLD THE CONSTITUTION, OBEY use of any false, fraudulent, misleading, deceptive,
THE LAWS OF THE LAND AND undignified, self-laudatory or unfair statement or
PROMOTE RESPECT FOR LAW OF AND claim regarding his qualifications or legal
LEGAL PROCESSES. services.

Rule 1.01 - A lawyer shall not engage in unlawful, Rule 3.02 - In the choice of a firm name, no false,
dishonest, immoral or deceitful conduct. misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
Rule 1.02 - A lawyer shall not counsel or abet permissible provided that the firm indicates in all
activities aimed at defiance of the law or at its communications that said partner is deceased.
lessening confidence in the legal system.
Rule 3.03 - Where a partner accepts public office,
Rule 1.03 - A lawyer shall not, for any corrupt he shall withdrawal from the firm and his name
motive or interest, encourage any suit or shall be dropped from the firm name unless the
proceeding or delay any man's cause. law allows him to practice law currently.

Rule 1.04 - A lawyer shall encourage his clients to Rule 3.04 - A lawyer shall not pay or give
avoid, end or settle a controversy if it will admit anything of value to representatives of the mass
of a fair settlement. media in anticipation of, or in return for, publicity
to attract legal business.
CANON 2 - A LAWYER SHALL MAKE
HIS LEGAL SERVICES AVAILABLE IN CANON 4 - A LAWYER SHALL
AN EFFICIENT AND CONVENIENT PARTICIPATE IN THE DEVELOPMENT
MANNER COMPATIBLE WITH THE OF THE LEGAL SYSTEM BY
INDEPENDENCE, INTEGRITY AND INITIATING OR SUPPORTING EFFORTS
EFFECTIVENESS OF THE PROFESSION. IN LAW REFORM AND IN THE
IMPROVEMENT OF THE
Rule 2.01 - A lawyer shall not reject, except for ADMINISTRATION OF JUSTICE.
valid reasons, the cause of the defenseless or the
oppressed. CANON 5 - A LAWYER SHALL KEEP
ABREAST OF LEGAL DEVELOPMENTS,
Rule 2.02 - In such cases, even if the lawyer does
not accept a case, he shall not refuse to render PARTICIPATE IN CONTINUING LEGAL
legal advice to the person concerned if only to the EDUCATION PROGRAMS, SUPPORT
extent necessary to safeguard the latter's rights. EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS
Rule 2.03 - A lawyer shall not do or permit to be WELL AS IN THE PRACTICAL
done any act designed primarily to solicit legal TRAINING OF LAW STUDENTS AND
business.
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ASSIST IN DISSEMINATING THE LAW CONDUCT HIMSELF WITH COURTESY,
AND JURISPRUDENCE. FAIRNESS AND CANDOR TOWARDS
HIS PROFESSIONAL COLLEAGUES,
CANON 6 - THESE CANONS SHALL AND SHALL AVOID HARASSING
APPLY TO LAWYERS IN TACTICS AGAINST OPPOSING
GOVERNMENT SERVICES IN THE COUNSEL.
DISCHARGE OF THEIR TASKS.
Rule 8.01 - A lawyer shall not, in his professional
Rule 6.01 - The primary duty of a lawyer engaged dealings, use language which is abusive, offensive
in public prosecution is not to convict but to see or otherwise improper.
that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing Rule 8.02 - A lawyer shall not, directly or
the innocence of the accused is highly indirectly, encroach upon the professional
reprehensible and is cause for disciplinary action. employment of another lawyer, however, it is the
right of any lawyer, without fear or favor, to give
Rule 6.02 - A lawyer in the government service proper advice and assistance to those seeking
shall not use his public position to promote or relief against unfaithful or neglectful counsel.
advance his private interests, nor allow the latter
to interfere with his public duties. CANON 9 - A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY, ASSIST IN
Rule 6.03 - A lawyer shall not, after leaving THE UNAUTHORIZED PRACTICE OF
government service, accept engagement or
LAW.
employment in connection with any matter in
which he had intervened while in said service.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task
CHAPTER II. THE LAWYER AND which by law may only be performed by a
THE LEGAL PROFESSION member of the bar in good standing.

CANON 7 - A LAWYER SHALL AT ALL Rule 9.02 - A lawyer shall not divide or stipulate
to divide a fee for legal services with persons not
TIMES UPHOLD THE INTEGRITY AND
licensed to practice law,
DIGNITY OF THE LEGAL PROFESSION except:chanroblesvirtuallawlibrary
AND SUPPORT THE ACTIVITIES OF
THE INTEGRATED BAR. (a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter's death,
Rule 7.01 - A lawyer shall be answerable for money shall be paid over a reasonable period of
knowingly making a false statement or time to his estate or to persons specified in the
suppressing a material fact in connection with his agreement; or
application for admission to the bar.
(b) Where a lawyer undertakes to complete
Rule 7.02 - A lawyer shall not support the unfinished legal business of a deceased lawyer; or
application for admission to the bar of any person
known by him to be unqualified in respect to (c) Where a lawyer or law firm includes non-
character, education, or other relevant attribute. lawyer employees in a retirement plan even if the
plan is based in whole or in part, on a profit
Rule 7.03 - A lawyer shall not engage in conduct sharing agreement.
that adversely reflects on his fitness to practice
law, nor shall he whether in public or private life,
behave in a scandalous manner to the discredit of CHAPTER III. THE LAWYER AND
the legal profession. THE COURTS

CANON 8 - A LAWYER SHALL


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CANON 10 - A LAWYER OWES Rule 12.01 - A lawyer shall not appear for trial
CANDOR, FAIRNESS AND GOOD unless he has adequately prepared himself on the
FAITH TO THE COURT. law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should
Rule 10.01 - A lawyer shall not do any falsehood, also be ready with the original documents for
nor consent to the doing of any in Court; nor shall comparison with the copies.
he mislead, or allow the Court to be misled by any
artifice. Rule 12.02 - A lawyer shall not file multiple
actions arising from the same cause.
Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of a paper, Rule 12.03 - A lawyer shall not, after obtaining
the language or the argument of opposing counsel, extensions of time to file pleadings, memoranda or
or the text of a decision or authority, or knowingly briefs, let the period lapse without submitting the
cite as law a provision already rendered same or offering an explanation for his failure to
inoperative by repeal or amendment, or assert as a do so.
fact that which has not been proved.
Rule 12.04 - A lawyer shall not unduly delay a
Rule 10.03 - A lawyer shall observe the rules of case, impede the execution of a judgment or
procedure and shall not misuse them to defeat the misuse court processes.
ends of justice.
Rule 12.05 - A lawyer shall refrain from talking to
his witness during a break or recess in the trial,
CANON 11 - A LAWYER SHALL while the witness is still under examination.
OBSERVE AND MAINTAIN THE
RESPECT DUE TO THE COURTS AND Rule 12.06 - A lawyer shall not knowingly assist a
TO JUDICIAL OFFICERS AND SHOULD witness to misrepresent himself or to impersonate
INSIST ON SIMILAR CONDUCT BY another.
OTHERS.
Rule 12.07 - A lawyer shall not abuse, browbeat
Rule 11.01 - A lawyer shall appear in court or harass a witness nor needlessly inconvenience
properly attired. him.

Rule 11.02 - A lawyer shall punctually appear at Rule 12.08 - A lawyer shall avoid testifying in
court hearings. behalf of his client,
except:chanroblesvirtuallawlibrary
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing language or (a) on formal matters, such as the mailing,
behavior before the Courts. authentication or custody of an instrument, and the
like; or
Rule 11.04 - A lawyer shall not attribute to a
Judge motives not supported by the record or have (b) on substantial matters, in cases where his
no materiality to the case. testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust
Rule 11.05 - A lawyer shall submit grievances the trial of the case to another counsel.
against a judge to the proper authorities only.
CANON 13 - A LAWYER SHALL RELY
CANON 12 - A LAWYER SHALL EXERT UPON THE MERITS OF HIS CAUSE
EVERY EFFORT AND CONSIDER IT HIS AND REFRAIN FROM ANY
DUTY TO ASSIST IN THE SPEEDY AND IMPROPRIETY WHICH TENDS TO
EFFICIENT ADMINISTRATION OF INFLUENCE, OR GIVES THE
JUSTICE. APPEARANCE OF INFLUENCING THE
COURT.
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Rule 13.01 - A lawyer shall not extend LOYALTY IN ALL HIS DEALINGS AND
extraordinary attention or hospitality to, nor seek TRANSACTIONS WITH HIS CLIENTS.
opportunity for cultivating familiarity with
Judges. Rule 15.01. - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
Rule 13.02 - A lawyer shall not make public practicable whether the matter would involve a
statements in the media regarding a pending case conflict with another client or his own interest,
tending to arouse public opinion for or against a and if so, shall forthwith inform the prospective
party. client.

Rule 13.03 - A lawyer shall not brook or invite Rule 15.02.- A lawyer shall be bound by the rule
interference by another branch or agency of the on privilege communication in respect of matters
government in the normal course of judicial disclosed to him by a prospective client.
proceedings.
Rule 15.03. - A lawyer shall not represent
CHAPTER IV. THE LAWYER AND conflicting interests except by written consent of
all concerned given after a full disclosure of the
THE CLIENT
facts.
CANON 14 - A LAWYER SHALL NOT Rule 15.04. - A lawyer may, with the written
REFUSE HIS SERVICES TO THE consent of all concerned, act as mediator,
NEEDY. conciliator or arbitrator in settling disputes.

Rule 14.01 - A lawyer shall not decline to Rule 15.05. - A lawyer when advising his client,
represent a person solely on account of the latter's shall give a candid and honest opinion on the
race, sex. creed or status of life, or because of his merits and probable results of the client's case,
own opinion regarding the guilt of said person. neither overstating nor understating the prospects
of the case.
Rule 14.02 - A lawyer shall not decline, except for
serious and sufficient cause, an appointment as Rule 15.06. - A lawyer shall not state or imply that
counsel de officio or as amicus curiae, or a request he is able to influence any public official, tribunal
from the Integrated Bar of the Philippines or any or legislative body.
of its chapters for rendition of free legal aid.
Rule 15.07. - A lawyer shall impress upon his
Rule 14.03 - A lawyer may not refuse to accept client compliance with the laws and the principles
representation of an indigent client of fairness.
if:chanroblesvirtuallawlibrary
Rule 15.08. - A lawyer who is engaged in another
(a) he is not in a position to carry out the work profession or occupation concurrently with the
effectively or competently; practice of law shall make clear to his client
whether he is acting as a lawyer or in another
(b) he labors under a conflict of interest between capacity.
him and the prospective client or between a
present client and the prospective client. CANON 16 - A LAWYER SHALL HOLD
IN TRUST ALL MONEYS AND
Rule 14.04 - A lawyer who accepts the cause of a
person unable to pay his professional fees shall PROPERTIES OF HIS CLIENT THAT
observe the same standard of conduct governing MAY COME INTO HIS PROFESSION.
his relations with paying clients.
Rule 16.01 - A lawyer shall account for all money
or property collected or received for or from the
CANON 15 - A LAWYER SHALL
client.
OBSERVE CANDOR, FAIRNESS AND

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Rule 16.02 - A lawyer shall keep the funds of each REPRESENT HIS CLIENT WITH ZEAL
client separate and apart from his own and those WITHIN THE BOUNDS OF THE LAW.
of others kept by him.
Rule 19.01 - A lawyer shall employ only fair and
Rule 16.03 - A lawyer shall deliver the funds and honest means to attain the lawful objectives of his
property of his client when due or upon demand. client and shall not present, participate in
However, he shall have a lien over the funds and presenting or threaten to present unfounded
may apply so much thereof as may be necessary to criminal charges to obtain an improper advantage
satisfy his lawful fees and disbursements, giving in any case or proceeding.
notice promptly thereafter to his client. He shall
also have a lien to the same extent on all Rule 19.02 - A lawyer who has received
judgments and executions he has secured for his information that his client has, in the course of the
client as provided for in the Rules of Court. representation, perpetrated a fraud upon a person
or tribunal, shall promptly call upon the client to
Rule 16.04 - A lawyer shall not borrow money rectify the same, and failing which he shall
from his client unless the client's interest are fully terminate the relationship with such client in
protected by the nature of the case or by accordance with the Rules of Court.
independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of Rule 19.03 - A lawyer shall not allow his client to
justice, he has to advance necessary expenses in a dictate the procedure in handling the case.
legal matter he is handling for the client.
CANON 20 - A LAWYER SHALL
CANON 17 - A LAWYER OWES CHARGE ONLY FAIR AND
FIDELITY TO THE CAUSE OF HIS REASONABLE FEES.
CLIENT AND HE SHALL BE MINDFUL
OF THE TRUST AND CONFIDENCE Rule 20.01 - A lawyer shall be guided by the
REPOSED IN HIM. following factors in determining his
fees:chanroblesvirtuallawlibrary
CANON 18 - A LAWYER SHALL SERVE
HIS CLIENT WITH COMPETENCE AND (a) The time spent and the extent of the service
rendered or required;
DILIGENCE.
(b) The novelty and difficulty of the questions
Rules 18.01 - A lawyer shall not undertake a legal
involved;
service which he knows or should know that he is
not qualified to render. However, he may render
(c) The importance of the subject matter;
such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who
(d) The skill demanded;
is competent on the matter.
(e) The probability of losing other employment as
Rule 18.02 - A lawyer shall not handle any legal
a result of acceptance of the proffered case;
matter without adequate preparation.
(f) The customary charges for similar services and
Rule 18.03 - A lawyer shall not neglect a legal
the schedule of fees of the IBP chapter to which
matter entrusted to him, and his negligence in
he belongs;
connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client
(g) The amount involved in the controversy and
informed of the status of his case and shall
the benefits resulting to the client from the
respond within a reasonable time to the client's
service;
request for information.
(h) The contingency or certainty of compensation;
CANON 19 - A LAWYER SHALL

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(i) The character of the employment, whether accounting, data processing, or any similar
occasional or established; and purpose.

(j) The professional standing of the lawyer. Rule 21.04 - A lawyer may disclose the affairs of
a client of the firm to partners or associates
Rule 20.02 - A lawyer shall, in case of referral, thereof unless prohibited by the client.
with the consent of the client, be entitled to a
division of fees in proportion to the work Rule 21.05 - A lawyer shall adopt such measures
performed and responsibility assumed. as may be required to prevent those whose
services are utilized by him, from disclosing or
Rule 20.03 - A lawyer shall not, without the full using confidences or secrets of the clients.
knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate or Rule 21.06 - A lawyer shall avoid indiscreet
forwarding allowance or other compensation conversation about a client's affairs even with
whatsoever related to his professional members of his family.
employment from anyone other than the client.
Rule 21.07 - A lawyer shall not reveal that he has
Rule 20.04 - A lawyer shall avoid controversies been consulted about a particular case except to
with clients concerning his compensation and avoid possible conflict of interest.
shall resort to judicial action only to prevent
imposition, injustice or fraud. CANON 22 - A LAWYER SHALL
WITHDRAW HIS SERVICES ONLY FOR
CANON 21 - A LAWYER SHALL GOOD CAUSE AND UPON NOTICE
PRESERVE THE CONFIDENCE AND APPROPRIATE IN THE
SECRETS OF HIS CLIENT EVEN AFTER CIRCUMSTANCES.
THE ATTORNEY-CLIENT RELATION IS
TERMINATED. Rule 22.01 - A lawyer may withdraw his services
in any of the following
Rule 21.01 - A lawyer shall not reveal the case:chanroblesvirtuallawlibrary
confidences or secrets of his client except;
(a) When the client pursues an illegal or immoral
(a) When authorized by the client after course of conduct in connection with the matter he
acquainting him of the consequences of the is handling;
disclosure;
(b) When the client insists that the lawyer pursue
(b) When required by law; conduct violative of these canons and rules;

(c) When necessary to collect his fees or to defend (c) When his inability to work with co-counsel
himself, his employees or associates or by judicial will not promote the best interest of the client;
action.
(d) When the mental or physical condition of the
Rule 21.02 - A lawyer shall not, to the lawyer renders it difficult for him to carry out the
disadvantage of his client, use information employment effectively;
acquired in the course of employment, nor shall he
use the same to his own advantage or that of a (e) When the client deliberately fails to pay the
third person, unless the client with full knowledge fees for the services or fails to comply with the
of the circumstances consents thereto. retainer agreement;

Rule 21.03 - A lawyer shall not, without the (f) When the lawyer is elected or appointed to
written consent of his client, give information public office; and
from his files to an outside agency seeking such (g) Other similar cases.
information for auditing, statistical, bookkeeping,

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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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