IBP Code of Professional Responsibility
IBP Code of Professional Responsibility
IBP Code of Professional Responsibility
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND
LEGAL PROCESSES.
Duties of Attorneys:
1.
to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;
2.
to observe and maintain the respect due to the courts of justice and judicial officers;
3.
to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only as he believes to be honestly debatable under
the laws;
4.
to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead
the judge or any judicial officer by an artifice or false statement of fact or law;
5.
to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection
with his clients business except from him or with his knowledge and approval;
6.
to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the
justice of the cause with which he is charged;
7.
not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause for any corrupt motive or interest;
8.
never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
9.
in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Conviction for crimes involving moral turpitude a number of lawyers have been suspended or disbarred for conviction of crimes involving moral
turpitude such as:
1.
estafa
2.
bribery
3.
murder
4.
seduction
5.
abduction
6.
smuggling
7.
Morality as understood in law - This is a human standard based on natural moral law which is embodied in mans conscience and which guides him to do
good and avoid evil.
Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals.
Immoral Conduct: that conduct which is willful, flagrant, or shameless and which shows a moral indifference to the opinion of the good and respectable
members of the community (Arciga vs. Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a
high degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the
community. (Narag vs. Narag, 1998)
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.
If a lawyer finds that his clients cause is defenseless, it is his burden/duty to advise the latter to acquiesce and submit, rather than traverse the
incontrovertible.
It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the blood, relationship or trust makes it his duty to do
so.
Should not be an instigator of controversy but a mediator for concord and conciliator for compromise.
The law violated need not be a penal law. Moral Turpitude everything which is done contrary to justice, honesty, modesty or good morals.
Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law.
Until a statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what
he conscientiously believes to be its just meaning and extent.
A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance chasing.
Barratry offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; Lawyers act of fomenting suits among individuals
and offering his legal services to one of them.
Ambulance Chasing Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the
filing of a case against the person(s) who caused the accident(s).
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH
THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latters rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
1.
duty of service, of which the emolument is a by product, and in which one may attain the highest eminence without making such money;
2.
a relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability;
3.
4.
a relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and
encroachment on their practice or dealing with their clients.
Defenseless not in the position to defend themselves due to poverty, weakness, ignorance or other similar reasons.
Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for
professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or
inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or
concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyers position, and all other self-laudation.
1.
Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are
allowed.
2.
Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address,
telephone number and the special branch of law practiced.
3.
A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the
convenience of the profession, is not objectionable.
4.
Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or
residence except courtrooms and government buildings.
5.
Advertisements or announcement in any legal publication, including books, journals, and legal magazines.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorneys fees were not provided for in
the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority). Exception: Lawyer has exclusive management of the procedural
aspect of the litigation (e.g. Submission for decision on the evidence so far presented. But in case where lawyer is confronted with an emergency and
prompt/urgent action is necessary to protect clients interest and theres no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
Violation of Rule 3.01 is unethical, whether done by him personally or through another with his permission.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law
allows him to practice law concurrently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract
legal business.
Death of a partner does not extinguish attorney-client relationship with the law firm.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN
LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress; Petitions with the Supreme Court for the
amendment of the Rules of Court.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.
Public Officials include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service,
including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties:
1.
2.
professionalism
3.
4.
political neutrality
5.
6.
7.
commitment to democracy
8.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to
interfere with his public duties.
Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had
intervened while in said service.
retirement
2.
resignation
3.
4.
dismissal
5.
abandonment
Q: What are the pertinent statutory provisions regarding this Rule?
Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by existing law, the following shall
constitute corrupt practice of any public officer and are hereby declared to be unlawful:
(d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during
the pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:
1.
own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the
case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office
he used to be with, in which case the one year prohibition shall likewise apply.
Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law,
provided that such practice will not conflict or tend to conflict with their official functions.
Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show
moral delinquency).
Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no legal basis to sustain the conviction.
Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former employer, PNB)
The OSG is not authorized to represent a public official at any state of a criminal case.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character,
education, or other relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL
COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the
Bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:
a) Where there is a pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of
time to his estate or to persons specified in the agreement; or
b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profitable sharing
arrangement.
injustice of fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except:
a) When authorized by the client after acquianting him of the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use he same to his
own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.
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
confidences or secrets of the client.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRTUMSTANCES.
Rule 22.01 -A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
c) When his inability to work with co-counsel will not promote the best interest of the client;
d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is
entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the
matter.
The Code of Professionall Responsibility was initially drafted by the Committee on Professional Responsibility, Discipline and Disbarment of the
Integrated Bar of the Philippines, composed of Dean Irene Cortes as Chairman and Justice Carolina Grio-Aquino, Attys. Gonzalo W. Gonzalez,
Marcelo B. Fernan, Camilo Quiason, Jose F. Espinosa and Carmelo V. Sison as members, with former Chief Justice Roberto Concepcion and former
Justice Jose B.L. Reyes as consultants, and Prof. Myrna S. Feliciano and Atty.Concepcion Lim-Jardeleza as resource persons.