Lawyer and Society

CANON 1 A lawyer shall uphold the constitution, obey the laws of

the land and promote respect for law and for legal processes

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Duties of Attorneys:
to maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
to observe and maintain the respect due to the courts of justice and judicial
officers;
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;
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;
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;
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;
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;
never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
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.

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Conviction for crimes involving moral turpitude a number of lawyers have

been suspended or disbarred for conviction of crimes involving moral
turpitude such as:
estafa
bribery
murder
seduction

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abduction
smuggling
falsification of public documents
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 the 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.
Temper clients propensity to litigate.
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 effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a
case, he shall not refuse to render legal advise to the person
concerned if only to the extent necessary to safeguard latters
rights.
Rule 2.03 a lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.

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Primary characteristics which distinguish the legal profession from

business;
duty of service, of which the emolument is a by product, and in which one
may attain the highest eminence without making such money;
a relation as an officer of court to the administration of justice involving
thorough sincerity, integrity and reliability;
a relation to clients in the highest degree of fiduciary;
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.

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Exceptions/ Permissible advertisements:

Reputable law lists, in a manner consistent with the standards of conduct
imposed by the canons, of brief biographical and informative data, are
allowed.
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.
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.
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.
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 or prescribed, unless 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 is 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-auditory 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 communication 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.

It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client relationship with the
law firm.
Negligence of a member in the law firm is negligence of the firm.

CANON 4 A lawyer shall participate in the improvement of the

legal system by initiating or supporting efforts in law reform and
in 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 students and assist in disseminating
information regarding the law and jurisprudence.
Objectives of integration of the Bar

To elevate the standards of the legal profession

To improve the administration of justice
To enable the Bar to discharge its responsibility more effectively.

The three-fold obligation of a lawyer

First, he owes it to himself to continue improving his knowledge of the

laws;
Second, he owes it to his profession to take an active interest in the
maintenance of high standards of legal education;

Third, he owes it to the lay public to make the law a part of their social
consciousness.
LAWYER'S OATH

I, __________________, do solemnly swear that I will maintain

allegiance to the Republic of the Philippines; I will support its
constitution and obey the laws as well as the legal orders of the
duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not willingly nor wittingly
promote or sue any groundless, false or unlawful suit, or give aid
nor consent to the same; I will delay no man for money or malice,
and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the court
as to my clients; and I impose upon myself this voluntary obligations
without any mental reservation or purpose of evasion. So help me
God.

Nature of Lawyers Oath

The lawyers oath is not mere facile words, drift and hollow, but a sacred
trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer
should at all times weigh his actions according to the sworn promises he
made when taking the lawyers oath. (In Re: Argosino, 1997, In Re:
Arthur M. Cuevas, 1998).