Notes Ethics

Professional Ethics - Reviewer
Law lists ................................................................................................ 10

Table of Contents Prohibited advertisements .................................................................... 10
QUALIFICATION OF LAWYERS 6 Use of name of deceased partner .......................................................... 10
Practice of Law........................................................................................ 6 Government lawyer used on firm name ................................................ 10
Practice of law as a privilege ................................................................... 6 Unwarranted publicity .......................................................................... 10
Practice of law as a profession, not business ........................................... 6 Public responsibility to improve legal profession ................................... 11
Qualifications to the admission to the bar............................................... 6 Discipline due to misconduct as government official ............................. 11
Lawyer's oath ......................................................................................... 6 May a former government lawyer appear in a case against the
government?......................................................................................... 11
PRACTICE OF LAW TO THOSE WHO REACQUIRED CITIZENSHIP 6
When may a former government lawyer be prohibited from accepting a
CODE OF PROFESSIONAL RESPONSIBILITY 7 legal engagement? ................................................................................ 11
Duty to Society 7 Practice of law by government lawyers ................................................. 11
Unlawful conduct .................................................................................... 7 How government lawyers may leave government service ..................... 11
Dishonesty .............................................................................................. 7 Private practice after leaving public service ........................................... 12
Immoral conduct..................................................................................... 7 Duty to the Profession 12
Moral turpitude ...................................................................................... 7 Supporting the IBP ................................................................................ 12
Well-founded criticisms .......................................................................... 7 Penalties for knowing suppression or false representation of a material
Duty of lawyer to uphold the law even to his clients ............................... 8 fact in the application for admission to the bar ..................................... 12
Barratry .................................................................................................. 8 If what the applicant concealed is a crime which does not involve moral
turpitude? ............................................................................................. 12
Ambulance-chasing ................................................................................. 8
Moral turpitude .................................................................................... 12
Access to justice under the constitution .................................................. 8
Certificate of good moral character ....................................................... 13
Rule on community legal aid service ....................................................... 8
Professional conduct ............................................................................. 13
Allowable advertising ............................................................................. 9
Lawyer don'ts: ...................................................................................... 13
ARIEL CONRAD MALIMAS 1

Use of proper language ......................................................................... 13 When a lawyer may testify as witness: .................................................. 18
Acceptance of employment to handle a matter previously handled by Administration of justice and freedom from influence .......................... 19
another lawyer ..................................................................................... 14
Unusual attention ................................................................................. 19
Appearance as co-counsel ..................................................................... 14
Prejudicial publicity ............................................................................... 19
Examples of practice of law................................................................... 14
Separation of powers ............................................................................ 19
Examples of unauthorized practice of law ............................................. 14
Duty to clients 19
Unqualified persons to practice law ...................................................... 14
Overview 19
Examples of acts that may be delegated to non-lawyers ....................... 15
The attorney-client relationship is: ........................................................ 19
Attorney's fee by non-lawyers in NLRC case .......................................... 15
Form of attorney-client relationship...................................................... 19
Duty to the Courts 15
Retainer ................................................................................................ 20
Lawyer as an officer of the court ........................................................... 15
Refusal of legal service .......................................................................... 20
Falsehood by lawyers ............................................................................ 15
Incentives for free legal service ............................................................. 20
Interpretation of documents ................................................................. 15
Indigent ................................................................................................ 20
Filing of multiple suits for the same action ............................................ 15
Laws on indigents or low income litigants: ............................................ 20
Forum Shopping.................................................................................... 17
Non-discrimination of legal service ....................................................... 21
Requisites of litis pendentia .................................................................. 17
Counsel de officio.................................................................................. 21
Requisites of res judicata ...................................................................... 17
Who may be appointed as counsel de officio in criminal cases .............. 21
Postponement as a matter of discretion ............................................... 17
Counsel de parte ................................................................................... 21
Setting client expectations .................................................................... 18
Amicus Curiae ....................................................................................... 22
Purpose - to prevent coaching witness .................................................. 18
When a lawyer may validly refuse legal service ..................................... 22
Subordination of perjury ....................................................................... 18
Non-discrimination of legal service due to payment .............................. 22
Rights of Witnesses ............................................................................... 18
Attorney-client privileged communication rule ..................................... 22
When a lawyer may not testify as witness: ........................................... 18

Identity of client ................................................................................... 22 Doctrine of imputed knowledge ............................................................ 27

Duration of confidentiality .................................................................... 23 Collaborating counsel (Co-counsel) ....................................................... 27
Criminal liability of lawyers for breach of confidentiality ...................... 23 Lawyer must keep client informed ........................................................ 27
When conflict of interest exists ............................................................. 23 Defending client with zeal ..................................................................... 27
Requisites of conflict of interest ............................................................ 23 Fair and honest lawyering ..................................................................... 27
Effects of conflict of interest ................................................................. 23 Termination of relationship when client commits fraud ........................ 28
Representation of lawyer for both adverse parties ............................... 24 Control by client - substantial aspect ..................................................... 28
Candid and honest advice to clients ...................................................... 24 Control by counsel - procedural aspect .................................................. 28
Compliance with the law....................................................................... 24 Presumption of authority ...................................................................... 28
Lawyer practicing another profession ................................................... 24 Payment of legal services by the client .................................................. 28
Lawyer restriction to property under litigation ..................................... 24 Written contract as basis for legal fees .................................................. 28
Requisites on Litis pendencia prohibition .............................................. 25 No express contract .............................................................................. 28
Fiduciary relation between client .......................................................... 25 Compensation of counsel de officio....................................................... 28
Comingling of funds .............................................................................. 25 Court changing of agreed legal fees ....................................................... 29
Delivery of funds to the client ............................................................... 25 Manners by which attorneys may be paid ............................................. 29
Retention by the lawyer........................................................................ 25 Referral fee by attorneys....................................................................... 29
Prohibition of borrowing or lending money to/from clients .................. 26 Acceptance fee...................................................................................... 29
Prohibition on property under litis pendencia ....................................... 26 Contingency contract ............................................................................ 29
• Prohibition applies to ...............................................................................26
Champertous Contract .......................................................................... 30
• Prohibition does not apply to ..................................................................26
Attorney's leins ..................................................................................... 30
Fidelity to client's cause ........................................................................ 26
Retaining lein ........................................................................................ 30
Diligence required by lawyers ............................................................... 26
• Requisites ................................................................................................. 30
Preparation by the lawyer for his case .................................................. 26
Charging lien ......................................................................................... 30

• Requisites .................................................................................................30 Withdrawal by lawyer ........................................................................... 35

Retaining lien vs charging lien ............................................................... 30 Duty of lawyer in case of death of client................................................ 35
Judicial action as a last resort ................................................................ 31 Substitution of counsel ......................................................................... 35
Judicial actions to recover attorney's fees ............................................. 31 Compulsory Disqualification of judicial officers 36
Quantum meruit ................................................................................... 31 Compulsory disqualification .................................................................. 36
• Essential requisite ....................................................................................31
• When quantum meruit is authorized.......................................................31 Compulsory inhibition ........................................................................... 36
Concepts of attorney's fees ................................................................... 31 Inhibition due to the relationship .......................................................... 36
Ordinary concept of attorney's fees ...................................................... 31 Actual bias or prejudice ......................................................................... 36
Extraordinary concept of attorney's fees............................................... 32 Economic interest of judge or his family ................................................ 37
Criminal liability of lawyer for failure to keep confidence...................... 32 Reviewing one's own cases ................................................................... 37
Lawyer's output as privileged communication ...................................... 32 Previous service as counsel ................................................................... 37
Confidentiality extends to lawyer's aids ................................................ 32 Bias and prejudice must be proved ....................................................... 37
Attorney-client privileged communication rule ..................................... 32 Voluntary Disqualification of Judicial Officers 37

Identity of client ................................................................................... 33 Voluntary disqualification by judge ....................................................... 37
Duration of confidentiality .................................................................... 33 Disqualification due to the fact that he was a classmate ....................... 38
When disclosure on confidential matters based on attorney-client Utang ng loob disqualification ............................................................... 38
relationship is allowed .......................................................................... 34 Extrinsic evidence of bias or partiality required ..................................... 38
Waiver by client .................................................................................... 34 Direct and Indirect Contempt38
Protection of lawyer ............................................................................. 34 Contempt of court ................................................................................. 38
Disclosure to firm and associates .......................................................... 34 Nature of contempt of court ................................................................. 38
Termination of attorney-client relationship .......................................... 34 Direct contempt .................................................................................... 38
Causes of termination of attorney-client relationship ........................... 34 Constructive or indirect contempt ......................................................... 39
Termination by client ............................................................................ 34

Summary review for contempt ............................................................. 39

Classes of contempt .............................................................................. 39
Rules of Court - Indirect contempt (Section 3, Rule 71).......................... 40

QUALIFICATION OF LAWYERS • Must have took the lawyer's oath administered by the Supreme
Court
Practice of Law • Must have signed the roll of attorneys
• Practice of law means any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training and Lawyer's oath
experience. (Cayetano vs Monsood) • I, <name> do solemnly swear that I will maintain allegiance to the
• Private practice of law Republic of the Philippines; I will support the Constitution and obey
o Means "an individual or organization engaged in the the laws as well as the legal orders of the duly constituted
business of delivering legal services." authorities therein; I will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly promote or sue any
Practice of law as a privilege groundless, false or unlawful suit, nor give aid nor consent to the
• The right to practice law is not a natural or constitutional right but is same. I will delay no man for money or malice, and will conduct
a privilege. myself as a lawyer according to the best of my knowledge and
• It is limited to persons of good moral character with special discretion with all good fidelity as well as to courts as to my clients;
qualifications duly ascertained and certified. and I impose upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So help me God.
Practice of law as a profession, not business
• Lawyering is not a business; it is a profession in which duty to public PRACTICE OF LAW TO THOSE WHO REACQUIRED
service, not money, is the primary consideration. CITIZENSHIP
• The practice of law is a noble calling in which emolument is a
byproduct, and the highest eminence may be attained without Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can
making much money resume his law practice, he must first secure from this Court the authority to
do so, conditioned on:
Qualifications to the admission to the bar (a) the updating and payment in full of the annual membership dues in
• Must be a Filipino citizen the IBP;
• At least 21 years of age (b) the payment of professional tax;
• Must possess good moral character (c) the completion of at least 36 credit hours of mandatory continuing
• Must be a resident of the Philippines legal education; this is specially significant to refresh the
• Graduate of any 4-year bachelor's degree with the required units in applicant/petitioner’s knowledge of Philippine laws and update him
English, Math, and Social Science of legal developments and
• Must be a graduate of a degree in Bachelor of Laws or Juris Doctor (d) the retaking of the lawyer’s oath which will not only remind him of
• Must have successfully passed the bar exam his duties and responsibilities as a lawyer and as an officer of the

Court, but also renew his pledge to maintain allegiance to the

Republic of the Philippines. Moral turpitude
• Moral turpitude includes everything which is done contrary to
Compliance with these conditions will restore his good standing as a member justice, honesty, modesty, or good morals. It involves an act of
of the Philippine bar. baseness, vileness, or depravity in the private duties which a man
owed his fellowmen, or to society in general
CODE OF PROFESSIONAL RESPONSIBILITY • Crimes involving moral turpitude
o Murder,
o estafa,
Duty to Society
o rape,
o violation of Batas Pambansa Blg. 22 (Bouncing Checks Law),
CANON 1. A lawyer shall uphold the Constitution, obey the laws of the land
o bribery,
and promote respect for law and legal process.
o bigamy,
o adultery,
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or
o seduction,
deceitful conduct
o abduction,
o concubinage
Unlawful conduct
o smuggling,
• is act or omission which is against the law. It is a transgression of any
o falsification of a public document
provision of law, which need not be penal
• Lawyer must be found guilty by final judgement of a crime involving
moral turpitude for disbarment
Dishonesty
• involves lying or cheating. It is a disposition to cheat, deceive,
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of
defraud.
the law or at lessening confidence in the legal profession
Immoral conduct
Well-founded criticisms
• Immoral conduct has been defined as that conduct which is willful,
• The Supreme Court does not claim infallibility; it will not denounce
flagrant, or shameless, and which shows a moral indifference to the
criticism made by anyone against the Court for, if well-founded, can
opinion of the good and respectable members of the community
truly have constructive effects in the task of the Court, but it will not
• For such conduct to warrant disciplinary action, the same must be
countenance any wrongdoing nor allow the erosion of our people’s
"grossly immoral," that is, it must be so corrupt and false as to
faith in the judicial system, let alone by those who have been
constitute a criminal act or so unprincipled as to be reprehensible to
privileged by it to practice law in the Philippines
a high degree.

Duty of lawyer to uphold the law even to his clients Access to justice under the constitution
• A lawyer should advise his client to uphold the law, not to violate or • Free access to the courts and quasi-judicial bodies and adequate
disobey it. legal assistance shall not be denied to any person by reason of
• Conversely, he should not recommend to his client any recourse or poverty.
remedy that is contrary to law, public policy, public order, and public
morals Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage
any suit or delay any man’s cause. Rule on community legal aid service
• Lawyers are required to render 120 hours of pro bona legal aid
Barratry services to qualified parties
• The offense of inciting or stirring up quarrels, litigation or groundless • Exceptions
lawsuits, either at law or otherwise o Covered lawyers in the executive and legislative branches of
government, provided that the covered lawyer must already
Ambulance-chasing be in government service at least six (6) months before
• Unethical practice of inducing personal injury victims to bring suits. admission into the Bar
The practice of lawyers in frequenting hospitals and homes of the o those employed upon admission into the Bar with the
injured to convince them to go to court judiciary, the Public Attorney's Office, the National
Prosecution Service, the Office of the Solicitor General, the
Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a Office of the Government Corporate Counsel, and Office of
controversy if it will admit of a fair settlement. the Ombudsman
o Those who have already undergone and completed the
Amicable settlement of controversies clinical legal education program duly organized and
• The function of a lawyer is not only to conduct litigation but to avoid accredited
it where possible, by advising settlement or withholding suit. o Covered lawyers who have worked for at least 1 year in law
• He must act as mediator for compromise rather than an instigator of firms offering pro bono legal services or regularly accepting
controversy and a predator of conflict counsel de oficio appointments
o Covered lawyers who have previously worked for more than
CANON 2. A lawyer shall make his legal services available in an efficient 1 year as staff of a Law School Legal Aid Office, a Public
and convenient manner compatible with the independence, integrity and Interest Law Group, or an alternative or developmental law
effectiveness of the profession. group

o Covered lawyers who have worked with lawyers for Public • This rule prohibits the competition in the matter of charging
Interest Law Groups or alternative or law groups for more professional fees for the purpose of attracting clients in favor of the
than one (1) year and have filed public interest cases lawyer who offers lower rates.
• The rule does not prohibit a lawyer from charging a reduced fee or
Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall none at all to an indigent or to a person who would have difficulty
not refuse to render legal advice to the person concerned if only to the paying the fee usually charged for such services
extent necessary to safeguard the latter’s rights.
CANON 3. A lawyer in making known his legal services shall use only true,
Role of lawyer to render legal advice even if he does not accept a case honest, fair, dignified and objective information or statement of facts.
• Although no lawyer-client relationship is created when a lawyer
categorically refuses to accept a case, a lawyer is still bound to give Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent,
legal advice to the defenseless and oppressed to protect their rights misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
Rule 2.03. A lawyer shall not do or permit to be done any act designed to
primarily solicit legal business. Allowable advertising
• Ordinary simple professional card
Soliciting legal business • Publication in reputable law list with brief biographical and other
• The practice of soliciting cases at law for the purpose of gain, either informative data which may include:
personally or through paid agents or brokers, constitutes malpractice o Name;
• A lawyer may not properly publish his brief biographical and o Associates;
informative data in a daily paper, magazine, trade journal or society o Address;
program in order to solicit legal business o Phone numbers;
o Branches of law practiced;
Rule 2.04. A lawyer shall not charge rates lower than those customarily o Birthday;
prescribed unless the circumstances so warrant. o Day admitted to the bar;
o Schools and dates attended;
Charging standard rates for legal service o Degrees and distinctions;
• The practice of law is a profession and not a trade. It is improper to o Public or quasi-public offices;
lower legal rates just because another lawyer has offered a lower o Posts of honor;
legal fee o Legal authorships;
o Teaching positions;
o Associations;

o Legal fraternities and societies; permissible provided that the firm indicates in all its communications that
o References and regularly represented clients must be said partner is deceased.
published for that purpose
• Publication of simple announcement of opening of law firm, change Use of name of deceased partner
of firm; • The continued use of the name of a deceased partner is permissible
• Listing in telephone directory but not under designation of special provided that the firm indicates in all its communications that said
branch of law; partner is deceased
• If acting as an associate (specializing in a branch of law), may publish
a brief and dignified announcement to lawyers (law list, law journal); Rule 3.03. Where a partner accepts public office, he shall withdraw from
• If in media, those acts incidental to his practice and not of his own the firm and his name shall be dropped from the firm name unless the law
initiative; allows him to practice law concurrently.
• Writing legal articles;
• Activity of an association for the purpose of legal representation. Government lawyer used on firm name
• A civil service officer or employee whose duty or responsibility does
Law lists not require his entire time to be at the disposal of the government
• The law list must be a reputable law list published primarily for that may not engage in the private practice of law without the written
purpose; it cannot be a mere supplemental feature of a paper, permit from the head of the department concerned
magazine, trade journal or periodical which is published primarily for
other purposes.
Rule 3.04. A lawyer shall not pay or give anything of value to
Prohibited advertisements representatives of the mass media in anticipation of, or in return for,
• Through touters of any kind whether allied real estate firms or trust publicity to attract legal business.
companies advertising to secure the drawing of deeds or wills;
• Offering retainers in exchange for executorships or trusteeships to Unwarranted publicity
be influenced by the lawyer; o This rule prohibits making indirect publicity gimmickry, such as
• Furnishing or inspiring newspaper comments concerning the manner furnishing or inspiring newspaper comments, procuring his
of their conduct, the magnitude of the interests involved, the photograph to be published in connection with cases which he is
importance of lawyer’s position, and all other like self-laudation. handling, making a courtroom scene to attract the attention of
newspapermen, or arranging for the purpose an interview with him
Rule 3.02. In the choice of a firm name, no false, misleading or assumed by the media
name shall be used. The continued use of the name of a deceased partner is

CANON 4. A lawyer shall participate in the development of the legal system • YES, he may appear in a case unless there is a specific ethical rule or
by initiating or supporting efforts in law reform and in the improvement of provision of law which prohibits him from doing so
the administration of justice
When may a former government lawyer be prohibited from accepting a
Public responsibility to improve legal profession legal engagement?
o This is a duty that flows from the lawyer’s sense of public • A lawyer shall not, after leaving the government service, accept
responsibility engagement or employment in connection with any matter in which
he had intervened while in said service
CANON 5. A lawyer shall keep abreast of legal developments, participate in • Retired members of the judiciary receiving pensions from the
continuing legal education programs, support efforts to achieve high government should not practice law where the government is the
standards in law schools as well as in the practical training of law students adverse party or in a criminal case involving a government employee
and assist in disseminating information regarding the law and in the performance of his duties as such
jurisprudence
Rule 6.02. A lawyer in the government service shall not use his public
See notes on MCLE position to promote or advance his private interests, nor allow the latter to
interfere with his public duties.
CANON 6. These canons shall apply to lawyers in government service in the
discharge of their official duties. Practice of law by government lawyers
o Government lawyers are not allowed to engage in the private
Discipline due to misconduct as government official practice of their profession during their incumbency.
• General rule o Exceptions
§ a lawyer who holds a government office may not be § The private practice is authorized by the Constitution or by
disciplined as a member of the Bar for misconduct in the the law
discharge of his duties as a government official. § The practice will not conflict or tend to conflict with his or
• Exception her official functions.
§ However, if said misconduct as a government official also
constitutes a violation of his oath as a lawyer, then he may Rule 6.03. A lawyer shall not, after leaving government service, accept
be disciplined by this Court as a member of the Bar engagement or employment in connection with any matter in which he had
intervened while in said service.
May a former government lawyer appear in a case against the
government? How government lawyers may leave government service
• Retirement

• Resignation • Disqualification of the applicant from taking the bar, if the

• Expiration of the term of office concealment is discovered before he takes the bar examinations
• Abandonment • Prohibition from taking the lawyer’s oath, if the concealment is
• Dismissal discovered after the candidate has taken the bar examinations
• Revocation of license to practice, if the concealment was discovered
Private practice after leaving public service after he has taken his lawyer’s oath
• General rule
§ Practice of profession is allowed immediately after leaving If what the applicant concealed is a crime which does not involve moral
public service. turpitude?
• Exception • it is the fact of concealment and not the commission of the crime
§ The lawyer cannot practice as to matters with which he had itself that makes him morally unfit to become a lawyer. It should be
connection during his term. noted that the application was made under oath, which he lightly
§ This prohibition lasts took when he made the concealment
§ For one year, if he had not intervened
§ Permanently, if he had intervened Moral turpitude
• Moral turpitude includes everything which is done contrary to
Duty to the Profession justice, honesty, modesty, or good morals. It involves an act of
baseness, vileness, or depravity in the private duties which a man
CANON 7. A lawyer shall at all times uphold the integrity and dignity of the owed his fellowmen, or to society in general
legal profession and support the activities of the Integrated Bar. • Crimes involving moral turpitude
o Murder,
Supporting the IBP o estafa,
• A lawyer should actively support the activities of the IBP and not o rape,
limit himself to paying dues o violation of Batas Pambansa Blg. 22 (Bouncing Checks Law),
o bribery,
Rule 7.01. A lawyer shall be answerable for knowingly making a false o bigamy,
statement or suppressing a material fact in connection with his application o adultery,
for admission to the bar. o seduction,
o abduction,
Penalties for knowing suppression or false representation of a material fact o concubinage
in the application for admission to the bar o smuggling,
o falsification of a public document

• Lawyer must be found guilty by final judgement of a crime involving • Proceed to negotiate with the client of another lawyer to waive all
moral turpitude for disbarment kinds of claims when the latter is still handling the civil case
• Steal another lawyer’s client;
Rule 7.02. A lawyer shall not support the application for admission to the • Induce a client to retain him by promise of better service, good result
bar of any person known by him to be unqualified in respect to character, or reduced fees for his services;
education, or other relevant attribute. • Disparage another lawyer, make comparisons or publicize his talent
as a means to further his law practice;
Certificate of good moral character • In the absence of the adverse party’s counsel, interview the adverse
• A lawyer should not readily execute an affidavit of good moral party and question him as to the facts of the case even if the adverse
character in favor of an applicant who has not lived up to the party was willing;
standard set by law • Sanction the attempt of his client to settle a litigated matter with the
adverse party without the consent or knowledge of the latter’s
Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on counsel.
his fitness to practice law, nor shall he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession. Rule 8.01. A lawyer shall not, in his professional dealings, use language,
which is abusive, offensive or otherwise improper.
Professional conduct
• Every lawyer should act and comport himself in a manner that Use of proper language
promotes public confidence in the integrity of the legal profession • A lawyer’s language should be forceful but dignified, emphatic but
respectful, as befitting an advocate and in keeping with the dignity of
CANON 8. A lawyer shall conduct himself with courtesy, fairness and candor the legal profession
toward his professional colleagues, and shall avoid harassing tactics • The lawyer’s arguments, whether written or oral should be gracious
against opposing counsel. to both the court and opposing counsel and should be of such words
as may be properly addressed by one gentleman to another
Lawyer don'ts: • Lack or want of intention is no excuse for the disrespectful language
• Take advantage of the excusable unpreparedness or absence of employed
counsel during the trial of a case; • Exceptions
• Make use, to his or to his client’s benefit, the secrets of the adverse o Utterances made out of impulse in the course of an
party acquired through design or inadvertence; argument may be forgiven and should not be penalized
• Criticize or impute ill motive to the lawyer who accepts what in his o Statements made in the course of judicial proceedings are
opinion is a weak case; absolutely privileged regardless of defamatory tenor and

malice, provided it is relevant, pertinent or material to the CANON 9. A lawyer shall not, directly or indirectly, assist in the
cause of the subject or inquiry unauthorized practice of law.
Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the Examples of practice of law
professional employment of another lawyer; however, it is the right of any • Legal advice and instructions to clients to inform them of their rights
lawyer, without fear or favor, to give proper advice and assistance to those and obligations
seeking relief against unfaithful or neglectful counsel. • Preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary laymen
Acceptance of employment to handle a matter previously handled by • Appearance for clients before public tribunals, whether
another lawyer administrative, quasi-judicial or legislative agencies
• Requisites
o Provided the other lawyer has been given notice of Examples of unauthorized practice of law
termination of service, lest it amounts to an improper • Appearing as counsel even before taking lawyer’s oath is
encroachment upon the professional employment of the unauthorized practice
original counsel or • Using the title “Attorney” in his name even though he is a Shari’a
o In the absence of a notice of termination from the client, lawyer
provided he has obtained the conformity of the counsel • Using a letterhead which listed as senior partners those who are only
whom he would substitute or paralegals due to their investments in the law firm
o In the absence of such conformity, a lawyer must at least • A lawyer who only signed the attendance record at the PICC
give sufficient notice to original counsel so that original entrance and not the Roll of Attorneys, after he realized his mistake
counsel has the opportunity to protect his claim against the of fact and yet continued his operations
client. • A corporation cannot engage in the practice of law directly or
indirectly.
Appearance as co-counsel
• Allowed provided that communication to original counsel is made Rule 9.01. A lawyer shall not delegate to any unqualified person the
o Should the original lawyer object, he should decline performance of any task which by law may only be performed by a member
association but if the original lawyer is relieved, he may of the bar in good standing
come into the case; or
o Should it be impracticable for him, whose judgment has Unqualified persons to practice law
been overruled by his co-counsel to cooperate effectively, he • Non-lawyers
should ask the client to relieve him. • Lawyers who are not in good standing;
• Lawyers who are not qualified

former and in favor of the latter, his primary responsibility being to

Examples of acts that may be delegated to non-lawyers uphold the cause of justice
• The examination of case law
• Finding and interviewing witnesses Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of
• Examining court records any in court; nor shall he mislead, or allow the court to be misled by any
• Delivering papers and similar matters artifice.
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal Falsehood by lawyers
services with persons not licensed to practice law, except: • A lawyer should not conceal the truth from the court, nor mislead
• Where there is a pre-existing agreement with a partner or associate the court in any manner no matter how demanding his duties to
that, upon the latter’s death, money shall be paid over a clients may be.
reasonable period of time to his estate or to persons specified in the • His duties to his client should yield to his duty to deal candidly with
agreement; or the court.
• Where a lawyer undertakes to complete unfinished legal business o For no client is entitled to receive from the lawyer any
of a deceased lawyer; or service involving dishonesty to the courts
• 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 Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the
profitable sharing arrangement 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
Attorney's fee by non-lawyers in NLRC case already rendered inoperative by repeal or amendment, or assert as a fact
• While non-lawyers may appear before the NLRC or any labor arbiter that which has not been proved.
under Art. 222, Labor Code, they are still not entitled to receive
attorney’s fees. Interpretation of documents
• A mere typographical error in the citation of an authority is not
Duty to the Courts contemptuous. But when misquotation is intended, the lawyer is
subject to disciplinary action
CANON 10. A lawyer owes candor, fairness and good faith to the court.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not
Lawyer as an officer of the court misuse them to defeat the ends of justice.
• A lawyer is, first and foremost, an officer of the court.
• Accordingly, should there be a conflict between his duty to his client Filing of multiple suits for the same action
and that to the court, he should resolve the conflict against the • Filing multiple actions constitutes an abuse of the court’s processes.

• Those who file multiple or repetitive actions subject themselves to actions show disrespect to the court and are therefore considered
disciplinary action for incompetence or willful violation of their contemptuous behavior
duties as attorneys to act with good fidelity to the courts, and to
maintain only such actions that appear to be just and consistent with Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing
truth and honor language or behavior before the courts
CANON 11. A lawyer shall observe and maintain the respect due to the Right of a lawyer to criticize
courts and to judicial officers and should insist on similar conduct by others. • Right of a lawyer, both as an officer of the court and as a citizen, to
criticize in properly respectful terms and through legitimate channels
Respect to judges the acts of courts and judges.
• Observing respect due to the courts means that a lawyer should • But it is the cardinal condition of all such criticism that it shall be
conduct himself toward judges: bona fide, and shall not spill over the walls of decency and propriety.
o With the courtesy everyone is entitled to expect • Intemperate and unfair criticism is a gross violation of the duty of
o With the propriety and dignity required by the courts respect to courts
Rule 11.01. A lawyer shall appear in court properly attired. Canon 12. A lawyer shall exert every effort and consider it his duty to assist
in the speedy and efficient administration of justice.
Proper physical appearance in court
• Respect begins with the lawyer’s outward physical appearance in Lawyer's duty to justice
court. • It is the duty of an attorney not to encourage either the
• Sloppy or informal attire adversely reflects on the lawyer and commencement or the continuance of an action or proceeding or
demeans the dignity and solemnity of court proceedings delay any man’s cause from any corrupt motive or interest.
Contempt for improper attire Rule 12.01. A lawyer shall not appear for trial unless he has adequately
• A lawyer who dresses improperly may be cited with contempt prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its preference. He should also be ready with the
Rule 11.02. A lawyer shall punctually appear at court hearings. original documents for comparison with the copies
Contempt for being late Examples of acts which amount to obstruction in the administration of
• Inexcusable absence from, or repeated tardiness in, attending a pre- justice:
trial or hearing may subject the lawyer to disciplinary action as his • Inadequate preparation;

• Instructing complaining witness in a criminal action not to appear at If acts of the party or his counsel constitute willful and deliberate forum
the schedule hearing so that the case against the client would be shopping:
dismissed; • Be a ground for summary dismissal with prejudice;
• Asking a client to plead guilty to a crime which the lawyer knows his • Constitute direct contempt;
client did not commit; • Be a cause for administrative sanctions
• Advising a client who is detained for crime to escape from prison;
• Employing dilatory tactics to frustrate satisfaction of clearly valid Requisites of litis pendentia
claims; • Identity of parties, or at least such parties as represent the same
• Prosecuting clearly frivolous cases or appeals to drain the resources interests in both actions;
of the other party and compel him to submit out of exhaustion; • Identity of rights asserted and relief prayed for, the relief being
• Filing multiple petitions or complaints for a cause that has been founded on the same facts; and
previously rejected in the false expectation of getting favorable • Identity of the two preceding particulars is such that any judgment
action; rendered in the pending case, regardless of which party is successful,
• Other acts of similar nature would amount to res judicata in the other
Rule 12.02. A lawyer shall not file multiple actions arising from the same Requisites of res judicata
cause. • There be a decision on the merits;
• It be decided by a court of competent jurisdiction;
Forum Shopping • The decision is final; and
• When, as a result or in anticipation of an adverse decision in one • The two actions involved identical parties, subject matter, and
forum, a party seeks a favorable opinion in another forum through causes of action
means other than appeal or certiorari by raising identical causes of
action, subject matter, and issues. Rule 12.03. A lawyer shall not, after obtaining extensions of time to file
• The institution of involving the same parties for the same cause of pleadings, memoranda or briefs, let the period lapse without submitting
action, either simultaneously or successively, on the supposition that the same or offering an explanation for his failure to do so
one or the other court would come out with a favorable disposition
• An indicium of the presence of or the test for determining whether a Postponement as a matter of discretion
litigant violated the rule against forum shopping is where the • Postponement is not a matter of right but of sound judicial
elements of litis pendentia are present or where a final judgment in discretion.
one case will amount to res judicata in the other case.
Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of
a judgment or misuse court processes.

• Not to be examined except as to matters pertinent to the issues

Setting client expectations before the court;
• If a lawyer is honestly convinced of the futility of an appeal in a civil • Not to give an answer which will tend to subject him to a penalty for
suit, he should not hesitate to inform his client that mostly likely the an offense unless otherwise provided by law;
verdict will not be altered. A lawyer should temper his client’s desire • Not to give an answer which will tend to degrade the witness’
to seek appellate review reputation, but a witness must answer the fact of any previous final
conviction for a criminal offense.
Rule 12.05. A lawyer shall refrain from talking to his witness during a break
or recess in the trial, while the witness is still under examination. Rule 12.08. A lawyer shall avoid testifying in behalf of his client, except:
• On formal matters, such as the mailing, authentication or custody
Purpose - to prevent coaching witness of an instrument, and the like; or
• To prevent the suspicion that he is coaching the witness what to say • On substantial matters, in cases where his testimony is essential to
during the resumption of the examination; to uphold and maintain the ends of justice, in which event he must, during his testimony,
fair play with the other party and to prevent the examining lawyer entrust the trial of the case to another counsel.
from being tempted to coach his own witness to suit his purpose
When a lawyer may not testify as witness:
Rule 12.06. A lawyer shall not knowingly assist a witness to misrepresent • When such would adversely affect any lawful interest of the client
himself or to impersonate another. with respect to which confidence has been reposed on him;
• When, having accepted a retainer, he is to testify AGAINST his client;
Subordination of perjury • When he will serve conflicting interests;
• Subornation of perjury is committed by a person who knowingly and • When he is to violate confidentiality;
willfully procures another to swear falsely and the witness suborned • When as an attorney, he is to testify on the theory of the case.
[or induced] does testify under circumstances rendering him guilty of
perjury When a lawyer may testify as witness:
• Formal matters – mailing, authentication, custody of an instrument;
Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness nor • As an expert on his fee;
needlessly inconvenience him. • Acting as an Arbitrator;
• Deposition;
Rights of Witnesses • On substantial matters where his testimony is essential to the ends
• To be protected from irrelevant, improper or insulting questions and of justice, in which case he must entrust the trial of the case to
from a harsh or insulting demeanor; another counsel
• Not to be detained longer than the interests of justice require

CANON 13. A lawyer shall rely upon the merits of his cause and refrain from • Making public statements in the media regarding a pending case
any impropriety which tends to influence or gives the appearance of which tends to arouse public opinion for or against a party may
influencing the court constitute indirect contempt
• In order to warrant a finding of prejudicial publicity, there must be
Administration of justice and freedom from influence an allegation and proof that the judges had been unduly influenced,
• The Court will not hesitate in future similar situations to apply the not simply that they might be
full force of the law and punish for contempt those who attempt to
pressure the Court into acting one way or the other in any case Rule 13.03. A lawyer shall not brook or invite interference by another
pending before it. branch or agency of the government in the normal course of judicial
• Grievances, if any, must be ventilated through the proper channels, proceedings.
i.e., through appropriate petitions, motions or other pleadings in
keeping with the respect due to the Courts as impartial Separation of powers
administrators of justice entitled to "proceed to the disposition of its • Purpose: The rule is based upon the principle of separation of
business in an orderly manner, free from outside interference powers
obstructive of its functions and tending to embarrass the
administration of justice Duty to clients
Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality
to, nor seek opportunity for cultivating familiarity with Judges
Overview
The attorney-client relationship is:

Unusual attention
• Strictly personal
• Marked attention and unusual hospitality on the part of a lawyer to a
• Highly confidential
judge, uncalled for by the personal relations of the parties, subject
• Fiduciary
both the judge and the lawyer to misconstructions of motive and
should be avoided
Form of attorney-client relationship
• A written contract, although the best evidence to show the presence
Rule 13.02. A lawyer shall not make public statements in the media
of an attorney-client relationship, is not essential for the
regarding a pending case tending to arouse public opinion for or against a
employment of an attorney
party.
• Documentary formalism is not an essential element in the
employment of an attorney; the contract may be express or implied.
Prejudicial publicity

• To establish the relation, it is sufficient that the advice and assistance • Exception
of an attorney is sought and received in any matter pertinent to his o A lawyer shall not refuse his services to the needy
profession o A lawyer shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of life, or
Retainer because of his own opinion regarding the guilt of said person
• Either the act of a client by which he engages the services of an o A lawyer may not refuse to accept representation of an
attorney to render legal advice or to defend and prosecute his cause indigent client unless:
in court (general or special) OR the fee which a client pays to an § He is in no position to carry out the work effectively
attorney when the latter is retained or competently;
• The relation of attorney to client begins from the time an attorney is § He labors under a conflict of interest between him
retained and the prospective client or between a present
client and the prospective client.
CANON 14. A lawyer shall not refuse his services to the needy.
Incentives for free legal service
Refusal of legal service • a lawyer or professional partnerships rendering actual free legal
• General Rule: services shall be entitled to an allowable deduction from the gross
o A lawyer is not obliged to act as legal counsel for any person income
who may wish to become his client. He has the right to o The amount that could have been collected for the actual
decline employment. free legal services rendered
o A lawyer should decline employment regardless of how o Up to 10% of the gross income derived from the actual
attractive the fee offered may be if its acceptance will performance of legal profession, whichever is lower.
involve:
§ A violation of any of the rules of the legal profession Indigent
§ Nullification of a contract which he prepared • A person who has no visible means of income or whose income is
§ Advocacy in any matter which he had intervened insufficient for the subsistence of his family, to be determined by the
while in government service fiscal or judge, taking into account the members of his family
§ Employment which might easily be used as a means dependent upon him for subsistence
of advertising his professional services or skills • A person who has no visible means of support or whose income does
§ Employment with a collection agency not exceed P300.00 per month or whose income even in excess of
§ Any matter in which he knows or has reason to P300.00 per month is insufficient for the subsistence of his family
believe that he or his partner will be an essential
witness for the prospective client Laws on indigents or low income litigants:

• All courts shall give preference to the hearing and/or disposition of Counsel de officio
criminal cases where an indigent is involved either as the offended • One appointed or assigned by the court.
party or accused • A court may assign an attorney to render professional aid free of
• Any indigent litigant may, upon motion, ask the Court for adequate charge to any party in a case, if upon investigation it appears that the
travel allowance to enable him and his indigent witnesses to attend party is destitute and unable to employ an attorney, and that the
the hearing of a criminal case commenced by his complaint or filed services of counsel are necessary to secure the ends of justice and to
against him. protect the rights of the party. It shall be the duty of the attorney so
o The allowance shall cover actual transportation expenses by assigned to render the required service, unless he is excused
the cheapest means from his place of residence to the court therefrom by the court for sufficient cause shown
and back.
o When the hearing of the case requires the presence of the Who may be appointed as counsel de officio in criminal cases
indigent litigant and/or his indigent witnesses in court the • A member of the bar in good standing
whole day or for two or more consecutive days, allowances • In localities without lawyers:
may, in the discretion of the Court, also cover reasonable o Any person, resident of the province and of good repute for
expenses for meal and lodging probity and ability
§ this is only allowed in the municipal trial court.
Rule 14.01. A lawyer shall not decline to represent a person solely on o A municipal judge or a lawyer employed in any branch,
account of the latter’s race, sex, creed or status of life, or because of his subdivision or instrumentality of the government within the
own opinion regarding the guilt of said person. province
• Before arraignment, the court shall inform the accused of his right to
Non-discrimination of legal service counsel and ask him if he desires to have one. Unless the accused is
• It is the duty of an attorney, in the defense of a person accused of a allowed to defend himself in person or has employed counsel of his
crime, by all fair and honorable means, regardless of his personal choice, the court must assign a counsel de officio to defend him
opinion as to the guilt of the accused, to present every defense that o It is the duty of the clerk of the trial court, upon filing of a
the law permits, to the end that no person may be deprived of life or notice of appeal, to ascertain from the appellant, if confined
liberty, but by due process of law in prison, whether he desires the Regional Trial Court, Court
of Appeals or the Supreme Court to appoint a counsel de
Rule 14.02. A lawyer shall not decline, except for serious and sufficient officio
cause, an appointment as counsel de officio or as amicus curiae, or a
request from the Integrated Bar of the Philippines or any of its chapters for Counsel de parte
rendition of free legal aid. • One employed or retained by the party himself.

Amicus Curiae CANON 15. A lawyer shall observe candor, fairness and loyalty in all his
• "friend of the court" dealings and transactions with his clients
• a person with strong interest in or views on the subject matter of an
action, but not a party to the action. Rule 15.02. A lawyer shall be bound by the rule on privileged
• They commonly file briefs concerning matters of broad public communication in respect of matters disclosed to him by a prospective
interest. client.
Rule 14.03. A lawyer may not refuse to accept representation of an indigent Attorney-client privileged communication rule
client unless: • Confidential communication – Information transmitted by voluntary
• He is in no position to carry out the work effectively or competently; act of disclosure between attorney and client in confidence and by
• He labors under a conflict of interest between him and the means which so far as the client is aware, discloses the information
prospective client or between a present client and the prospective to no third person other than one reasonably necessary for the
client transmission of the information or the accomplishment of the
purpose for which it was given
When a lawyer may validly refuse legal service • Requisites
• He is in no position to carry out the work effectively or competently; o The person to whom information is given is a lawyer
• He labors under a conflict of interest between him and the § Includes even if a person is merely pretending to be
prospective client or between a present client and the prospective a lawyer
client o There is a legal relationship existing, except in cases of
prospective clients
Rule 14.04. A lawyer who accepts the cause of a person unable to pay his o Legal advice must be sought from the attorney in his
professional fees shall observe the same standard of conduct governing his professional capacity with respect to communications
relations with paying clients. relating to that purpose
o The client must intend that the communication be
Non-discrimination of legal service due to payment confidential
• Neither the amount of attorney's fees nor the client's financial ability • Scope
to pay such fees should serve as the test to determine the extent of o Includes the lawyer and third persons who have acquired
the lawyer's devotion to his client’s cause information about the case being handled
• If a lawyer volunteers his services to a client, and is therefore not
entitled to attorney’s fees, he is still bound to attend to a client’s Identity of client
case with all due diligence and zeal • General rule:

o As a matter of public policy, a client’s identity should not be o Any attorney-at-law who, by any malicious breach of
shrouded in mystery. professional duty or of inexcusable negligence or ignorance
o Thus, a lawyer may not invoke the privilege and refuse to shall prejudice his client or reveal any of the secrets learned
divulge the name or identity of this client. by him in his professional capacity shall be criminally liable
• Exception
o Where a strong probability exists that revealing the client's Rule 15.01. A lawyer, in conferring with a prospective client, shall ascertain
name would implicate that client in the very activity for as soon as practicable whether the matter would involve a conflict with
which he sought the lawyer's advice another client or his own interest, and if so, shall forthwith inform the
o Where disclosure would open the client to civil liability prospective client.
o Where the government's lawyers have no case against an
attorney's client unless, by revealing the client’s name, the Rule 15.03. A lawyer shall not represent conflicting interests except by
said name would furnish the only link that would form the written consent of all concerned given after a full disclosure of the facts.
chain of testimony necessary to convict an individual of a
crime When conflict of interest exists
• There is conflict of interest when a lawyer represents inconsistent
Duration of confidentiality interests of two or more opposing parties
• General rule
o The protection given to the client is perpetual and does not Requisites of conflict of interest
cease with the termination of the litigation, nor is it affected • There are conflicting duties
by the client’s ceasing to employ the attorney and retaining • The acceptance of the new relations invites or actually leads to
another, or by any other change of relation between them. unfaithfulness or double-dealing to another client; or
o It even survives the death of the client • The attorney will be called upon to use against his first client any
• Exception knowledge acquired in the previous employment.
o Some privileged communications lose their privileged
character by some supervening act done pursuant to the Effects of conflict of interest
purpose of the communication intended by the client to be • General rule:
sent to a third person through his attorney loses confidential o Representing adverse interest may result in:
character once it reaches the third party § Disqualification as counsel in the new case;
§ If prejudicial to interests of latter client, setting aside
Criminal liability of lawyers for breach of confidentiality of a judgment;
• Betrayal of trust: revelation of secrets § Administrative and criminal (for betrayal of trust)
liability;

§ Forfeiture of attorney’s fees. • A lawyer is bound to give his candid and honest opinion on the merit
• Exception: or lack of merit of a client’s case, neither overstating nor
o Representation of conflicting interests is allowed where understating the prospect of the case.
clients knowingly consent to the dual representation. • He should also give an honest opinion as to the probable results of
• Exception to the exception: the case
o A lawyer cannot continue representing a client in an action
even with the client’s consent after the lawyer brings suit in Rule 15.07. A lawyer shall impress upon his client compliance with the laws
his own behalf, against the defendant if it is uncertain and principles of fairness.
whether the defendant will be able to satisfy both
judgments. Compliance with the law
o A lawyer is not authorized to have financial stakes in the • It is the duty of an attorney to counsel or maintain such actions or
subject matter of the suit brought in behalf of his client. proceedings only as appear to him to be just, and such defenses only
as he believes to be honestly debatable under the law
Rule 15.04. A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes 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
Representation of lawyer for both adverse parties he is acting as a lawyer or in another capacity.
• General rule:
o A lawyer may not represent two opposing parties at any Lawyer practicing another profession
point in time. A lawyer need not be the counsel-of-record of • Exercise of dual profession is not prohibited but a lawyer must make
either party. It is enough that the counsel had a hand in the it clear when he is acting as a lawyer or when he is acting in another
preparation of the pleading of one party. capacity, especially in occupations related to the practice of law
• Exception:
o When the parties agree AND when such is for amicable CANON 16. A lawyer shall hold in trust all moneys and properties of his
settlement client that may come into his possession.
Rule 15.05. A lawyer when advising his client shall give a candid and honest Lawyer restriction to property under litigation
opinion on the merits and probable results of the client’s case, neither • Lawyers cannot acquire or purchase, even at a public or judicial
overstating nor understating the prospects of the case. auction, either in person or through the mediation of another, the
property and rights which may be the object of any litigation in
Candid and honest advice to clients which they take part by virtue of their profession

Requisites on Litis pendencia prohibition disbursements, giving notice promptly thereafter to his client. He shall also
• There is an attorney-client relationship have a lien to the same extent on all judgments and executions he has
• The property or interest of the client is in litigation secured for his client as provided for in the Rules of Court
• The attorney takes part as counsel in the case
• The attorney purchases or acquires the property or right, by himself Delivery of funds to the client
or through another, during the pendency of litigation • When an attorney unjustly retains in his hands money of his client
after it has been demanded, he may be punished for contempt as an
Rule 16.01. A lawyer shall account for all money or property collected or officer of the Court who has misbehaved in his official transactions;
received for or from the client. but proceedings under Sec. 25, Rule 138 shall not be a bar to criminal
prosecution.
Fiduciary relation between client • Money collected by a lawyer in pursuance of a judgment in favor of
• The lawyer merely holds said money or property in trust. When a his clients is held in trust and must be immediately turned over to
lawyer collects or receives money from his client for a particular them
purpose (such as for filing fees, registration fees, transportation and
office expenses), he should promptly account to the client how the Retention by the lawyer
money was spent. If he does not use the money for its intended • An attorney has a lien upon the funds, documents, and papers of his
purpose, he must immediately return it to the client client which have lawfully come into his possession and may retain
• The fact that a lawyer has a lien for fees on money in his hands the same until his lawful fees and disbursements have been paid and
would not relieve him from the duty of promptly accounting for the may apply such funds to the satisfaction thereof
funds received • But, a lawyer is not entitled to unilaterally appropriate his client’s
money for himself by the mere fact alone that the client owes him
Rule 16.02. A lawyer shall keep the funds of each client separate and apart attorney’s fees.
from his own and those of others kept by him. o The fact alone that a lawyer has a lien for fees on moneys in
his hands collected for his client does not relieve him of his
Comingling of funds duty to promptly account for the moneys received; his
• A lawyer should not commingle a client’s money with that of other failure to do so constitutes professional misconduct
clients and with his private funds, nor use the client’s money for his
personal purposes without the client’s consent Rule 16.04. A lawyer shall not borrow money from his client unless the
client’s interests are fully protected by the nature of the case or by
Rule 16.03. A lawyer shall deliver the funds and property of his client when independent advice. Neither shall a lawyer lend money to a client except
due or upon demand. However, he shall have a lien over the funds and may when, in the interest of justice, he has to advance necessary expenses in a
apply so much thereof as may be necessary to satisfy his lawful fees and legal matter he is handling for the client.

o Where the purchaser of the property in litigation was a

Prohibition of borrowing or lending money to/from clients corporation, despite the attorney being an officer thereof
• A lawyer is prohibited from borrowing money from his client o Where the sale took place after the termination of the
• A lawyer is prohibited from lending money to his client. litigation, the lawyer may accept an assignment from his
o Exception: client of a money judgment rendered in the client’s favor in a
§ When, in the interest of justice, he has to advance case in which he was not the counsel, as payment for
necessary expenses in a legal matter he is handling professional services performed in another case.
Prohibition on property under litis pendencia CANON 17. A lawyer owes fidelity to the cause of his client and he shall be
• The following persons cannot acquire by purchase, even in a public mindful of the trust and confidence reposed in him
action, either in person or through the mediation of another,
property and rights in litigation, before the court within whose Fidelity to client's cause
jurisdiction, they exercise their respective functions • In the discharge of his duty of entire devotion to the client's cause, a
o Justices, Judges, Prosecuting Attorneys lawyer should present every remedy or defense authorized by law in
o Clerks, officers and employees connected with the support of his client’s cause, regardless of his personal views
administration of justice
o Lawyers with respect to property rights which may be the CANON 18. A lawyer shall serve his client with competence and diligence.
object of litigation, in which they may take part by virtue of
their profession. Diligence required by lawyers
• Prohibition applies to • A lawyer must exercise ordinary diligence or that reasonable degree
o Redemption, compromise and renunciation of the subject in of care and skill having reference to the character of the business he
litigation undertakes to do, as any other member of the bar similarly situated
o Lease commonly possesses and exercises
o Assignment of rights over a property in consideration of legal
service while the case is pending Rule 18.02. A lawyer shall not handle any legal matter without adequate
• Prohibition does not apply to preparation
o Where the property purchased by the lawyer was not
involved in litigation; Preparation by the lawyer for his case
o Where the sale took place before it became involved in the • A lawyer should give adequate attention, care and time to his cases.
suit;
o Where the attorney at the time of the purchase was not the Rule 18.03. A lawyer shall not neglect a legal matter entrusted to him, and
counsel in the case; his negligence in connection therewith shall render him liable.

• The lawyer should apprise the client of the mode and the manner
Doctrine of imputed knowledge which he is utilizing to defend the clients’ interests;
• Notice to counsel is notice to client. • The lawyer must advise the client of the risks, alternatives and their
• General rule consequences; and
o A client is bound by the attorney’s conduct, negligence and • The client must be informed within the period to appeal to enable
mistake in handling the case or in management of litigation him to decide whether or not he will still seek appellate review of an
and in procedural technique adverse decision.
• Exception
o The client is not so bound where the ignorance, CANON 19. A lawyer shall represent his client with zeal within the bounds
incompetence or inexperience of a lawyer is so great and of the law.
error so serious that the client, who has good cause, is
prejudiced and denied a day in court Defending client with zeal
• A lawyer’s duty is not to his client but to the administration of
Rule 18.01. A lawyer shall not undertake a legal service which he knows or justice; To that end, his client’s success is wholly subordinate and his
should know that he is not qualified to tender. However, he may render conduct ought to and must always be unscrupulously observant of
such service if, with the consent of his client, he can obtain as collaborating law and ethics
counsel a lawyer who is competent on the matter.
Rule 19.01. A lawyer shall employ only fair and honest means to attain the
Collaborating counsel (Co-counsel) lawful objectives of his client and shall not present, participate in
• A collaborating counsel is a lawyer who is subsequently engaged to presenting or threaten to present unfounded criminal charges to obtain an
assist another lawyer already handling a particular case for a client. improper advantage in any case or proceeding
• He cannot just enter his appearance as collaborating counsel without
the conformity of the first counsel. Fair and honest lawyering
• It is the duty of an attorney to employ, for the purpose of
Rule 18.04. A lawyer shall keep the client informed of the status of his case maintaining the causes confided to him, such means only as are
and shall respond within a reasonable period of time to client’s request for consistent with truth and honor, and never seek to mislead the judge
information or any judicial officer by an artifice or false statement of fact or law
Lawyer must keep client informed Rule 19.02. A lawyer who has received information that his client has, in
• The client must receive from the lawyer, full and periodic updates on the course of the representation, perpetrated a fraud upon a person or
the developments affecting the case; tribunal, shall promptly call upon the client to rectify the same, and failing

which he shall terminate the relationship with such client in accordance • An attorney is presumed to be properly authorized to represent any
with the Rules of Court cause in which he appears in all stages of the litigation and no
written authority is required to authorize him to appear
Termination of relationship when client commits fraud
• This rule merely requires the lawyer to terminate his relationship CANON 20. A lawyer shall charge only fair and reasonable fees
with the client in the event the latter fails or refuses to rectify the
fraud. Payment of legal services by the client
• The lawyer may not volunteer the information concerning the • An attorney is entitled to have and to recover from his client no
client’s commission of fraud to anyone, as it will violate his obligation more than a reasonable compensation for his services with a view to:
to maintain the client’s secrets undisclosed o The importance of the subject matter of the controversy;
o The extent of the services rendered; and
Rule 19.03. A lawyer shall not allow his client to dictate the procedure on o The professional standing of the attorney
handling the case
Written contract as basis for legal fees
Control by client - substantial aspect • A written contract for services shall control the amount to be paid
• The cause of action, the claim or demand sued upon, and the subject therefore unless found by the court to be unconscionable or
matter of the litigation are all within the exclusive control of a client. unreasonable
• An attorney may not impair, compromise, settle, surrender, or
destroy rights without his client's consent. A lawyer has no implied No express contract
authority to waive his client’s right to appeal or to withdraw a • The absence of a formal contract will not negate the payment of
pending appeal attorney’s fees because the contract may be express or implied.
• If a lawyer believes that the appeal of his client is frivolous, he • In the absence of an express contract, payment of attorney’s fees
cannot move to dismiss the appeal, without the consent of his client. may be justified by virtue of the innominate contract of facio ut des
His remedy is to withdraw from the case (I do and you give) which is based on the principle that “no one shall
enrich himself at the expense of another”
Control by counsel - procedural aspect
• All the proceedings in court to enforce the remedy, to bring the Compensation of counsel de officio
claim, demand, cause of action, or subject matter of the suit to • Subject to the availability of funds, the court may, in its discretion,
hearing, trial, determination, judgment, and execution, are within order an attorney employed as counsel de officio to be compensated
the exclusive control of the attorney in such a sum as the court may fix in accordance with the Rules of
Court
Presumption of authority

Court changing of agreed legal fees • A fixed fee computed by the number of hours spent;
• General rule • A fixed fee based on a piece of work;
o Determination of legal fees cannot be fixed by the court • A contingent fee that is conditioned upon the securing of a favorable
where there is an agreement between the parties judgment and recovery of money or property and the amount of
• Exception which may be on a percentage basis;
o The mere fact that an agreement had been reached between • A combination of any of the above stipulated fees.
attorney and client fixing the amount of the attorney’s fees,
does not insulate such agreement from review and Rule 20.02. A lawyer shall, in cases of referral, with the consent of the
modification by the Court where the fees clearly appear to client, be entitled to a division of fees in proportion to work performed and
be excessive or unreasonable responsibility assumed
Rule 20.01. A lawyer shall be guided by the following factors in determining Referral fee by attorneys
his fees: • The referral of a client by a lawyer to another lawyer does not entitle
• The time spent and the extent of the services rendered or required; the former to a commission or to a portion of the attorney’s fees.
• The novelty and difficulty of the questions involved; • It is only when, in addition to the referral, he performs legal service
• The importance of the subject matter; or assumes responsibility in the case that he will be entitled to a fee
• The skill demanded;
• The probability of losing other employment as a result of Rule 20.03. A lawyer shall not, without the full knowledge and consent of
acceptance of the proffered case; the client, accept any fee, reward, costs, commission, interest, rebate or
• The customary charges for similar services and the schedule of fees forwarding allowance or other compensation whatsoever related to his
of the IBP chapter to which he belongs; professional employment from anyone other than the client.
• The amount involved in the controversy and the benefits resulting
to the client from the service; Acceptance fee
• The contingency or certainty of compensation; • Acceptance of money from a client establishes an attorney-client
• The character of the employment, whether occasional or relationship and gives rise to the duty of fidelity to the client’s cause
established; and • Failure to render the legal services agreed upon, despite receipt of
• The professional standing of the lawyer. an acceptance fee, is a clear violation of the CPR
Manners by which attorneys may be paid Contingency contract

• A fixed or absolute fee which is payable regardless of the result of • A contingent contract is an agreement in which the lawyer’s fee,
the case; usually a fixed percentage of what may be recovered in the action, is
• A fixed fee payable per appearance;

made to depend upon the success in the effort to enforce or defend o Lawful possession by lawyer of the client’s funds, documents
the client’s right. and papers in his professional capacity;
o The lawyer does not undertake to shoulder the expenses of o Unsatisfied claim for attorney’s fees or disbursements.
litigation
• Contingent fee contracts are subject to the supervision and close Charging lien
scrutiny of the court in order that clients may be protected from • He shall also have a lien to the same extent upon all judgments for
unjust charges. the payment of money, and executions issued in pursuance of such
o A much higher compensation is allowed as contingent fees judgments, which he has secured in a litigation of his client.
because of the risk that the lawyer may get nothing if the • This lien exists from and after the time when he shall have caused:
suit fails o A statement of his claim of such lien to be entered upon the
• Considered a valid agreement records of the court rendering such judgment, or issuing
such execution; and
Champertous Contract o Written notice thereof to be delivered to his client and to
• A champertous contract is one where the lawyer stipulates with his the adverse party.
client that he will bear all the expenses for the prosecution of the • Requisites
case, the recovery of things or property being claimed, and the latter o Attorney-client relationship;
pays only upon successful litigation. o The attorney has rendered services;
• Void for being against public policy o A money judgment favorable to the client has been secured
in the action; and
Attorney's leins o The attorney has a claim for attorney’s fees or advances
• Retaining lien statement of his claim has been recorded in the case with
• Charging lien notice served upon the client and adverse party.
Retaining lein Retaining lien vs charging lien

• An attorney shall have a lien upon the funds, documents and papers • As to nature
of his client which have lawfully come into his possession. o R - Passive lien. It cannot be actively enforced. It is a general
o He may retain the same until his lawful fees and lien.
disbursements have been paid; o C - Active lien. It can be enforced by execution. It is a special
o May apply such funds to the satisfaction thereof. lien.
• Requisites • Basis
o Attorney-client relationship; o R - Lawful possession of funds, papers, documents, property
belonging to client

o C - Securing of a favorable money judgment for client • "As much as a lawyer deserves"
• Coverage • Essential requisite
o R - Covers only funds, papers, documents, and property in o Acceptance of the benefits by one sought to be charged for
the lawful possession of the attorney by reason of his services rendered under circumstances as reasonably to
professional employment notify him that lawyer expects compensation
o C - Covers all judgments for the payment of money and • When quantum meruit is authorized
executions issued in pursuance of such judgment o The agreement as to counsel fees is invalid for some reason
• Effectivity other than the illegality of the object of performance;
o R - As soon as the lawyer gets possession of the funds, o There is no express contract for attorney’s fees agreed upon
papers, documents, property between the lawyer and the client;
o C - As soon as the claim for attorney’s fees had been entered o When although there is a formal contract of attorney’s fees,
into the records of the case the stipulated fees are found unconscionable or
• Noticeu unreasonable by the court
o R - May be exercised before judgment or execution, or o When the contract for attorney’s fees is void due to purely
regardless thereof formal matters or defects of execution;
o C - Generally, it is exercisable only when the attorney had o When the counsel, for justifiable cause, was not able to
already secured a favorable judgment for his client finish the case to its conclusion;
o When lawyer and client disregard the contract of attorney’s
Rule 20.04. A lawyer shall avoid controversies with clients concerning his fees;
compensation and shall resort to judicial action only to prevent imposition, o When there is a contract, but no stipulation as to attorney’s
injustice or fraud. fees.
Judicial action as a last resort Concepts of attorney's fees

• Lawyers shall resort to judicial action only to prevent imposition, • Ordinary concept
injustice or fraud. • Extraordinary concept
Judicial actions to recover attorney's fees Ordinary concept of attorney's fees

• An appropriate motion or petition as an incident in the main action • An attorney’s fee is the reasonable compensation paid to a lawyer
where he rendered legal services; for the legal services he has rendered to a client.
• A separate civil action for collection of attorney’s fees. • Its basis of this compensation is the fact of employment by the
client.
Quantum meruit

Extraordinary concept of attorney's fees • The work and product of a lawyer, such as his effort, research, and
• An attorney’s fee is an indemnity for damages ordered by the court thought, and the records of his client, contained in his files are
to be paid by the losing party to the prevailing party in litigation privileged matters. Neither the lawyer nor, after his death, his heir or
• The basis of this is any of the cases authorized by law and is payable legal representative may properly disclose the contents of such file
not to the lawyer but to the client – unless they have agreed that the cabinet without client’s consent
award shall pertain to the lawyer as additional compensation or as
part thereof Rule 21.05. A lawyer shall adopt such measures as may be required to
prevent those whose services are utilized by him from disclosing or using
CANON 21. A lawyer shall preserve the confidence and secrets of his client confidences or secrets of the client
even after the attorney-client relation is terminated.
Confidentiality extends to lawyer's aids
Criminal liability of lawyer for failure to keep confidence • The client’s secrets which clerical aids of lawyers learn of, in the
• Upon any lawyer who, by any malicious breach of professional duty performance of their services are covered by privileged
or of inexcusable negligence or ignorance, reveals any of the secrets communication. It is the duty of lawyer to ensure that this is being
of the latter learned by him in his professional capacity. followed
• Upon a lawyer who, having undertaken the defense of a client or
having received confidential information from said client in a case, Rule 21.06. A lawyer shall avoid indiscreet conversation about a client’s
undertakes the defense of the opposing party in the same case, affairs even with members of his family.
without the consent of his first client.
A lawyer must also preserve the confidences and secrets of his clients
Rule 21.02. A lawyer shall not, to the disadvantage of his client, use outside the law office, including his home. He should avoid committing
information acquired in the course of employment, nor shall he use the calculated indiscretion, that is, accidental revelation of secrets obtained in
same to his own advantage or that of a third person, unless the client with his professional employment
full knowledge of the circumstances consents thereto
Rule 21.07. A lawyer shall not reveal that he has been consulted about a
Rule 21.03. A lawyer shall not, without the written consent of his client, particular case except to avoid possible conflict of interest
give information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping, accounting, data Attorney-client privileged communication rule
processing, or any similar purpose • Confidential communication – Information transmitted by voluntary
act of disclosure between attorney and client in confidence and by
Lawyer's output as privileged communication means which so far as the client is aware, discloses the information
to no third person other than one reasonably necessary for the

transmission of the information or the accomplishment of the chain of testimony necessary to convict an individual of a
purpose for which it was given crime
• Requisites
o The person to whom information is given is a lawyer Duration of confidentiality
§ Includes even if a person is merely pretending to be • General rule
a lawyer o The protection given to the client is perpetual and does not
o There is a legal relationship existing, except in cases of cease with the termination of the litigation, nor is it affected
prospective clients by the client’s ceasing to employ the attorney and retaining
o Legal advice must be sought from the attorney in his another, or by any other change of relation between them.
professional capacity with respect to communications o It even survives the death of the client
relating to that purpose • Exception
o The client must intend that the communication be o Some privileged communications lose their privileged
confidential character by some supervening act done pursuant to the
• Scope purpose of the communication intended by the client to be
o Includes the lawyer and third persons who have acquired sent to a third person through his attorney loses confidential
information about the case being handled character once it reaches the third party
Identity of client Criminal liability of lawyers for breach of confidentiality

• General rule: • Betrayal of trust: revelation of secrets
o As a matter of public policy, a client’s identity should not be o Any attorney-at-law who, by any malicious breach of
shrouded in mystery. professional duty or of inexcusable negligence or ignorance
o Thus, a lawyer may not invoke the privilege and refuse to shall prejudice his client or reveal any of the secrets learned
divulge the name or identity of this client. by him in his professional capacity shall be criminally liable
• Exception
o Where a strong probability exists that revealing the client's Rule 21.01. A lawyer shall not reveal the confidences or secrets of his client
name would implicate that client in the very activity for except:
which he sought the lawyer's advice • When authorized by the client after acquainting him of the
o Where disclosure would open the client to civil liability consequences of the disclosure;
o Where the government's lawyers have no case against an • When required by law;
attorney's client unless, by revealing the client’s name, the • When necessary to collect his fees or to defend himself, his
said name would furnish the only link that would form the employees or associates or by judicial action

When disclosure on confidential matters based on attorney-client • An attorney-client relationship may be terminated by the client, the
relationship is allowed lawyer, or by the court for reasons beyond the parties’ control.
• Waiver by client
• Disclosure required by law Causes of termination of attorney-client relationship
• Necessary to collect legal fees or to defend the lawyer from judicial • Withdrawal of the lawyer;
action • Death of the lawyer;
• Disbarment or suspension of the lawyer from the practice of law;
Waiver by client • Declaration of presumptive death of the lawyer;
• Since the attorney-client privilege against disclosure of the client's • Conviction of a crime and imprisonment of the lawyer;
confidence is intended primarily for the client's protection, only the • Discharge or dismissal of the lawyer by the client;
client as a rule can waive the privilege. • Appointment or election of a lawyer to a government position which
prohibits private practice of law;
Protection of lawyer • Death of the client;
• 2 and 3 are for the protection of the attorney’s rights. • Intervening incapacity or incompetence of the client during
• The privileged relation cannot be used as a shield against pendency of case;
wrongdoing nor can it be employed as an excuse to deny a lawyer • Full termination of the case
the right to protect himself against abuse by the client or false
charges by third persons Termination by client
• General rule
Rule 21.04. A lawyer may disclose the affairs of a client of the firm to o The client has the right to discharge his attorney at any time
partners or associates thereof unless prohibited by the client. with or without just cause or even against his consent
• Exceptions
Disclosure to firm and associates o The client cannot deprive his counsel of right to be paid
• The professional employment of a law firm is equivalent to the services if the dismissal is without cause.
retainer of the members thereof even though only one of them is o The client cannot discharge his counsel as an excuse to
consulted; conversely, the employment of one member of a law firm secure repeated extensions of time.
is generally considered as employment of the law firm o Notice of discharge is required for both the court and the
adverse party
CANON 22. A lawyer shall withdraw his services only for good cause and • Effect of termination without just cause
upon notice appropriate in the circumstances. o A client may at any time dismiss his attorney or substitute
another in his place, but if the contract between the client
Termination of attorney-client relationship and the attorney has been reduced to writing and the

dismissal was without justifiable cause, he shall be entitled o Exception

to recover from the client the full compensation stipulated in § If no new counsel has entered his appearance, the
the contract court may, in order to prevent a denial of a party’s
right to the assistance of counsel require that the
Rule 22.01. A lawyer may withdraw his services in any of the following lawyer’s withdrawal be held in abeyance until
cases: another lawyer shall have appeared for the party
• When the client pursues an illegal or immoral course of conduct in • Withdrawal due to deliberate failure to pay by client
connection with the matter he is handling; o Although a lawyer may withdraw his services when the client
• When the client insists that the lawyer pursue conduct violative of deliberately fails to pay the fees for the services, withdrawal
these canons and rules; is unjustified if client did not deliberately fail to pay
• When his inability to work with co-counsel will not promote the
best interest of the client; Rule 22.02. A lawyer who withdraws or is discharged shall, subject to a
• When the mental or physical condition of the lawyer renders it retaining lien, immediately turn over all papers and property to which the
difficult for him to carry out the employment effectively; client is entitled, and shall cooperate with his successor in the orderly
• When the client deliberately fails to pay the fees for the services or transfer of the matter, including all information necessary for the proper
fails to comply with the retainer agreement; handling of the matter
• When the lawyer is elected or appointed to public office; and
• Other similar cases. Duty of lawyer in case of death of client
• According to Rule 22.02, the duties of lawyers in such a case, subject
Withdrawal by lawyer to a retaining lien, are:
• A lawyer may retire at any time from any action or special o To immediately turn over all papers and property to which
proceeding: the client is entitled
o With the written consent of his client filed in court and copy o To cooperate with his successor in the orderly transfer of the
thereof served upon the adverse party; or matter.
o Without the consent of his client, should the court, on notice § This includes all information necessary for the
to the client and attorney, and on hearing, determine that he proper handling of the matter
ought to be allowed to retire
• Approval by court Substitution of counsel
o General rule • At the discretion of the court, a lawyer, who has been dismissed by a
§ The withdrawal in writing, with the client’s client, is allowed to intervene in a case in order to protect the client’s
conformity, does not require the approval of the rights
court to be effective • Requirements of a valid substitution of counsel

o The filing of a written application for substitution; o Relation of the judge by consanguinity or affinity to a party litigant
o The client’s written consent; within the sixth civil degree or to counsel within the fourth civil
o The written consent of the attorney to be substituted degree;
o The judge knows that his or her spouse or child has a financial
Compulsory Disqualification of judicial officers interest as an heir, legatee, creditor, fiduciary or otherwise in the
controversy, or has any other interest that could substantially be
Compulsory disqualification affected by the outcome of the proceedings
• No judge or judicial officer shall sit in any case, without the written
consent of all parties in interest and entered upon the record, in Inhibition due to the relationship
which: • The relationship of the judge with one of the parties may color the
o He, or his wife or child, is pecuniarily interested as heir, facts and distort the law to the prejudice of a just decision.
legatee, creditor or otherwise; or • Where this is probable or even only possible, due process demands
o He is related to either party within the 6th degree of that the judge inhibit himself, if only out of a sense of delicadeza
consanguinity or affinity, or to counsel within the 4th degree,
computed according to the rules of civil law; Actual bias or prejudice
o He has been executor, administrator, guardian, trustee or • Umale vs Villaluz
counsel; or o A judge inhibited himself from trying a robbery case due to
o He has presided in any inferior court when his ruling or his personal knowledge of the case.
decision is the subject of review o The Supreme Court stated that it is possible that the
respondent Judge might be influenced by his personal
Compulsory inhibition knowledge of the case when he tries and decides the same
o Actual bias or prejudice concerning a party or personal knowledge of on the merits, which would certainly constitute a denial of
the disputed evidentiary facts; due process to the party adversely affected by his judgment
o Judge previously served as a lawyer or is a material witness on the or decision.
matter; o Thus, it is best that after some reflection, the judge, on his
o The judge or a member of his family has a material interest in the own initiative, disqualifies himself from hearing the robbery
outcome of the controversy; case and thereby rendering himself available as witness to
o Judge previously served as an executor, administrator, guardian, any of the parties subject to cross-examination.
trustee, or lawyer, in the controversy; • People vs Gomez
o That the judge’s ruling in a lower court is the subject of review; o Judge dismissed criminal informations on the suspicion,
arising from a dinner invitation from a stranger and a
subsequent personal investigation, that the court was being

used as a forum for extortion and exploitation of the persons such, was not legally bound, on this ground, to inhibit
charged. himself as ponente of the case.
o The Supreme Court found that this unstated extraneous o Nevertheless, it was held that he should have voluntarily
matter makes the dismissal as one affected with partiality inhibited himself for his earlier involvement in the case
and bias. constitutes just or valid reason under Sec. 1, Rule 137.
o The prayer of the judge to be disqualified in hearing the case o A judge should not handle a case in which he might be
because he has lost all respect in the manner in which the perceived, rightly or wrongly, to be susceptible to bias and
prosecutor has been prosecuting the case was granted. partiality.
Economic interest of judge or his family Previous service as counsel

• Oktubre v. Velasco (2004) • A judge may validly disqualify himself due to his bias and prejudice.
o A municipal judge, as private complainant, caused three • Disqualification was also allowed when the judge had been
criminal complaints to be filed before his own court. o previously associated with a party as counsel
o He also issued a warrant of arrest and subpoenas before o had notarized the affidavit of a person to be presented as
finally inhibiting himself from hearing the cases. witness
o The Supreme Court found him guilty of grave misconduct, o If he was a material witness to a case
gross ignorance of the law and grave abuse of authority and
dismissed him from service. Bias and prejudice must be proved
§ It stated that the idea that a judge can preside over • Bias and prejudice cannot be presumed.
his own case is anathema to the notion of o The mere imputation of bias or partiality is not sufficient for
impartiality and that his subsequent inhibition from a judge to inhibit, especially when the charge is without
the three cases does not detract from his culpability basis.
for he should not have taken cognizance of the cases o It must be proven with clear and convincing evidence
in the first place • Moreover, it has been held that bias and prejudice must be shown to
have stemmed from an extrajudicial source and result in an opinion
Reviewing one's own cases on the merits on some basis other than the evidence presented
• Sandoval v. CA (1996)
o the Supreme Court found that an Associate Justice who only Voluntary Disqualification of Judicial Officers
partly presided over a case in the trial court and who did not
render the final decision cannot be said to have been placed Voluntary disqualification by judge
in a position where he had to review his own decision and, as

• A judge may, in the exercise of his sound discretion, disqualify • Broad sense - contempt is a disregard of, or disobedience to, the
himself from sitting in a case, for just or valid reasons other than rules or orders of a legislative or judicial body or an interruption of
those mentioned its proceedings by disorderly behavior or insolent language in its
presence or so near thereto as to disturb its proceedings or to impair
Disqualification due to the fact that he was a classmate the respect due to such a body.
• A judge should not be disqualified because he was a classmate (or a • Restricted and usual sense - contempt comprehends a despising of
co-member in a fraternity) of one of the counsels if there is no proof the authority, justice, or dignity of a court.
that such a relationship results in actual bias or prejudice.
• To allow disqualification would unnecessarily burden other trial Nature of contempt of court
judges to whom the case will be assigned. • The power to punish for contempt is inherent in all courts, and need
• Confusion would result, because a judge would then be barred from not be specifically granted by statute. It lies at the core of the
sitting in a case whenever one of his former classmates (and he administration of a judicial system. Indeed, there ought to be no
could have many) appeared question that courts have the power by virtue of their very creation
to impose silence, respect, and decorum in their presence,
Utang ng loob disqualification submission to their lawful mandates, and to preserve themselves
• The mere fact that a counsel who is appearing before a judge was and their officers from the approach and insults of pollution. The
one of those who recommended him to the Bench is not a valid power to punish for contempt essentially exists for the preservation
ground from voluntary inhibition. of order in judicial proceedings and for the enforcement of
• “Utang na loob” per se should not be a hindrance to the judgments, orders, and mandates of the courts, and, consequently,
administration of justice. for the due administration of justice. The reason behind the power to
punish for contempt is that respect of the courts guarantees the
Extrinsic evidence of bias or partiality required stability of their institution; without such guarantee, the institution
• The mere imputation of bias or partiality is not enough ground for of the courts would be resting on a very shaky foundation.
inhibition, especially when the charge is without basis. • Proceedings for contempt are sui generis, in nature criminal, but may
• Extrinsic evidence must further be presented to establish bias, bad be resorted to in civil as well as criminal actions, and independently
faith, malice, or corrupt purpose, in addition to palpable error which of any action.
may be inferred from the decision or order itself
Direct contempt
Direct and Indirect Contempt • Committed in the presence of or so near the judge as to obstruct him
in the administration of justice
Contempt of court
• Willful disregard or disobedience of a public authority.

• The punishment is generally summary and immediate, and no prescribing what procedures must attend the exercise of a court’s
process or evidence is necessary because the act is committed in authority to deal with contempt. The distinction does not limit the
facie curiae ability of courts to initiate contempt prosecutions to the summary
• The inherent power of courts to punish contempt of court punishment of in-court contempts that interfere with the judicial
committed in the presence of the courts without further proof of process.
facts and without aid of a trial is not open to question, considering • The court may proceed upon its own knowledge of the facts without
that this power is essential to preserve their authority and to prevent further proof and without issue or trial in any form to punish a
the administration of justice from falling into disrepute; such contempt committed directly under its eye or within its view. But
summary conviction and punishment accord with due process of law there must be adequate facts to support a summary order for
contempt in the presence of the court.
Constructive or indirect contempt • The exercise of the summary power to imprison for contempt is a
• Consists of willful disobedience of the lawful process or order of the delicate one and care is needed to avoid arbitrary or oppressive
court. conclusions. The reason for the extraordinary power to punish
• Usually requires proceedings less summary than direct contempt. criminal contempt in summary proceedings is that the necessities of
• The proceedings for the punishment of the contumacious act the administration of justice require such summary dealing with
committed outside the personal knowledge of the judge generally obstructions to it, being a mode of vindicating the majesty of the
need the observance of all the elements of due process of law, that law, in its active manifestation, against obstruction and outrage.
is, notice, written charges, and an opportunity to deny and to defend
such charges before guilt is adjudged and sentence imposed. Classes of contempt
• Criminal
Summary review for contempt o A criminal contempt consists in conduct that is directed
• Plainly, therefore, the word summary with respect to the against the authority and dignity of a court or of a judge
punishment for contempt refers not to the timing of the action with acting judicially, as in unlawfully assailing or discrediting the
reference to the offense but to the procedure that dispenses with authority and dignity of the court or judge, or in doing a duly
the formality, delay, and digression that result from the issuance of forbidden act.
process, service of complaint and answer, holding hearings, taking o Where the dominant purpose is to vindicate the dignity and
evidence, listening to arguments, awaiting briefs, submission of authority of the court, and to protect the interests of the
findings, and all that goes with a conventional court trial. general public, the contempt is criminal.
• A distinction between in-court contempts, which disrupt court o criminal proceedings vindicate the dignity of the courts
proceedings and for which a hearing and formal presentation of • Civil
evidence are dispensed with, and out-of-court contempts, which o A civil contempt consists in the failure to do something
require normal adversary procedures, is drawn for the purpose of ordered to be done by a court or judge in a civil case for the

benefit of the opposing party therein. The proceedings are to (d) Any improper conduct tending, directly or indirectly, to
be regarded as criminal when the purpose is primarily impede, obstruct, or degrade the administration of justice;
punishment, and civil when the purpose is primarily (e) Assuming to be an attorney or an officer of a court, and
compensatory or remedial. acting as such without authority;
o Where the dominant purpose is to enforce compliance with (f) Failure to obey a subpoena duly served;
an order of a court for the benefit of a party in whose favor (g) The rescue, or attempted rescue, of a person or property in
the order runs, the contempt is civil the custody of an officer by virtue of an order or process of a
o civil proceedings protect, preserve, and enforce the rights of court held by him.
private parties and compel obedience to orders, judgments
and decrees made to enforce such rights. But nothing in this section shall be so construed as to prevent
the court from issuing process to bring the respondent into
Rules of Court - Indirect contempt (Section 3, Rule 71) court, or from holding him in custody pending such proceedings.
• Indirect contempt to be punished after charge and hearing. — After
a charge in writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be fixed
by the court and to be heard by himself or counsel, a person guilty of
any of the following acts may be punished for indirect contempt:
(a) Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ, process,
order, or judgment of a court, including the act of a person
who, after being dispossessed or ejected from any real
property by the judgment or process of any court of
competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the
purpose of executing acts of ownership or possession, or in
any manner disturbs the possession given to the person
adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting direct
contempt under section 1 of this Rule;

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Professional Ethics - Reviewer

Law lists ................................................................................................ 10

ARIEL CONRAD MALIMAS 1

ARIEL CONRAD MALIMAS 2

Identity of client ................................................................................... 22 Doctrine of imputed knowledge ............................................................ 27

ARIEL CONRAD MALIMAS 3

• Requisites .................................................................................................30 Withdrawal by lawyer ........................................................................... 35

Concepts of attorney's fees ................................................................... 31 Inhibition due to the relationship .......................................................... 36

Ordinary concept of attorney's fees ...................................................... 31 Actual bias or prejudice ......................................................................... 36

Lawyer's output as privileged communication ...................................... 32 Previous service as counsel ................................................................... 37

Attorney-client privileged communication rule ..................................... 32 Voluntary Disqualification of Judicial Officers 37

ARIEL CONRAD MALIMAS 4

Summary review for contempt ............................................................. 39

ARIEL CONRAD MALIMAS 5

ARIEL CONRAD MALIMAS 6

Court, but also renew his pledge to maintain allegiance to the

ARIEL CONRAD MALIMAS 7

ARIEL CONRAD MALIMAS 8

ARIEL CONRAD MALIMAS 9

ARIEL CONRAD MALIMAS 10

ARIEL CONRAD MALIMAS 11

• Resignation • Disqualification of the applicant from taking the bar, if the

ARIEL CONRAD MALIMAS 12

ARIEL CONRAD MALIMAS 13

ARIEL CONRAD MALIMAS 14

former and in favor of the latter, his primary responsibility being to

ARIEL CONRAD MALIMAS 15

ARIEL CONRAD MALIMAS 16

ARIEL CONRAD MALIMAS 17

• Not to be examined except as to matters pertinent to the issues

ARIEL CONRAD MALIMAS 18

The attorney-client relationship is:

ARIEL CONRAD MALIMAS 19

ARIEL CONRAD MALIMAS 20

ARIEL CONRAD MALIMAS 21

ARIEL CONRAD MALIMAS 22

ARIEL CONRAD MALIMAS 23

ARIEL CONRAD MALIMAS 24

ARIEL CONRAD MALIMAS 25

o Where the purchaser of the property in litigation was a

ARIEL CONRAD MALIMAS 26

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Manners by which attorneys may be paid Contingency contract

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Retaining lein Retaining lien vs charging lien

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Judicial action as a last resort Concepts of attorney's fees

Judicial actions to recover attorney's fees Ordinary concept of attorney's fees

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Identity of client Criminal liability of lawyers for breach of confidentiality

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dismissal was without justifiable cause, he shall be entitled o Exception

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Economic interest of judge or his family Previous service as counsel

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